Murder suspect released from jail

2013-01-16T14:28:00Z 2013-01-17T09:14:35Z Murder suspect released from jailKim Smith Arizona Daily Star Arizona Daily Star
January 16, 2013 2:28 pm  • 

The defense attorney for a murder suspect convinced a judge to reduce her client's bail from $750,000 to zero Monday.

Bryan Peter Foshay was arrested in December in the January 2012 death of Brian Blackwell, 39.

Assistant Pima County Public Defender Elena Kay filed a motion asking Judge Jane Eikleberry to release Foshay to pre-trial services pending the resolution of his case.

Kay told the judge Foshay has lived in Tucson 34 years, has two children who live with him 10 days out of the month and has no criminal history.

Up until his arrest, Foshay worked on an oil rig in North Dakota on the days he wasn't in Tucson with his kids. Kay said if he was released from jail, Foshay already has a job lined up as a plumber here in Tucson.

By allowing him to get out and work, Kay said Foshay would be able to stay up on his child support payments.

Kay attached character letters from Foshay's former wife and potential boss to her motion.

The defense attorney also told the judge Foshay "has known he was a suspect in this case since February 2012 and did not hide from police and was cooperative upon his arrest."

Deputy Pima County Attorney Lindsay St. John and the victim's family opposed any changes to the bail.

Foshay will be back in court next week for a case management conference.

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