Charges filed against alleged driver in drive-by shooting

Prosecutors on Friday filed charges against the alleged driver in a March drive-by shooting near Kansas University’s campus that injured three people.

Lawrence police arrested Derek W. Foster, 24, of Stilwell, on Thursday afternoon, and Foster made his first appearance Friday in Douglas County District Court on three charges of aiding and abetting in connection with an aggravated battery.

Douglas County District Attorney Charles Branson said his office also charged Foster with one count of aiding a felon. Branson said that prosecutors would have to make a decision later on whether to pursue the three charges or the alternative single count. More evidence would be made public at the preliminary hearing, he said.

Judge Pro Tem James George appointed defense attorney James Rumsey to represent Foster. Foster’s bond has been set at $125,000. He is due in court again at 2 p.m. Wednesday. The man charged with firing the shots, 22-year-old Joseph A. Muhammad of Overland Park, also made a brief court appearance Friday.

Prosecutors asked District Judge Michael Malone for more time to prepare for a preliminary hearing in Muhammad’s case. James McCabria, an assistant Douglas County district attorney, said prosecutors need more time to talk with witnesses before preparing for the hearing.

Muhammad’s attorney Edward Bigus at an earlier hearing has said he intended to obtain a psychological evaluation for his client.

Muhammad faces three aggravated battery charges stemming from the March 26 early-morning shooting near 14th and Ohio streets, which injured two KU students and a University of Chicago student.

A private security video obtained by the Journal-World and 6News showed a gunman leaning out of a car and firing at a crowd as the car passed by.

Malone scheduled Muhammad’s next court appearance for April 24. He remains in custody at the Douglas County Jail on $250,000 bond.