Gasoline to clean blood; truck to move body. Detective details Lexington killing
When Lexington police were tipped off in late December about a possible dead body at an Augusta Court apartment, they arrived to find evidence that someone had suffered traumatic life-threatening injuries — but there was no body.
Police believe that Donald “Don” Foster, 57, was killed in the apartment on Dec. 29. His body was found days later in a remote area of Washington County.
Anthony “Tony” Asay, 18, is charged with murder and evidence tampering, according to police and court records.
Interviews with 19-year-old Dillon Stewart — Asay’s roommate who is charged with evidence tampering — led investigators to Foster’s body, Detective Jeffrey Fugate testified at a Tuesday hearing.
Stewart told police he was in their apartment when Foster arrived to buy some vehicle fuses, Fugate said. Stewart told police Asay and Foster went into a back bedroom and closed the door.
Stewart then heard an assault, and Asay came out of the room and said that he had killed Foster, Fugate testified.
While a specific motive for killing Foster was not discussed, Fugate said that Asay and Foster had been in an ongoing dispute.
The investigation began on Dec. 31, when the Lexington Police Department received information about a person who saw a dead body located in an apartment in the 1800 block of Augusta Court, Fugate said.
Patrol officers who went to the apartment talked to property management and learned that the apartment tenants, Asay and Stewart, had been evicted on Dec. 30, Fugate testified. Because of the eviction, police were able to search the apartment, and forensics investigators found evidence that someone had suffered “traumatic injuries that seemed to be life-threatening,” Fugate said.
In the early morning hours of Jan. 1, a witness came forward and spoke with investigators at Lexington police headquarters, Fugate said. The person told investigators that they stayed at that apartment with Asay and Stewart, and that Asay informed them that he killed Foster.
The witness also said that Foster’s body was taken from the apartment, placed in Asay’s truck and moved to a remote location in Washington County, Fugate said. Based on the information from that witness, police began looking for Asay and Stewart.
Stewart, who had unrelated warrants out for his arrest, was spotted later on Jan. 1 in Nicholasville with Asay, Fugate said. Nicholasville police pulled Stewart over and took Stewart and Asay to Nicholasville police headquarters, where Stewart was interviewed by Lexington police.
After Foster was killed, Stewart helped Asay move the body into the back of Asay’s truck, Fugate said.
Stewart eventually gave investigators enough information for police to find Foster’s body in Washington County, Fugate said.
Asay’s defense attorney said in court Tuesday that Foster’s body was found near the former home of Stewart’s late mother.
Asay’s truck was later found at a salvage yard in Louisa, Ky., Fugate said. A crowbar that was mentioned in interviews was found in the truck, he said.
When asked if any weapons were found in Asay and Stewart’s apartment, Fugate said that a yellow cinder block was recovered there.
Through the investigation, detectives learned that Asay and Stewart had tried to clean the apartment, using gasoline to wipe blood off the walls, Fugate said.
Asay’s case will be heard by a grand jury, which will determine whether he will be indicted on the charges against him. If he is indicted, Asay’s charges will move to Fayette County Circuit Court and begin moving toward trial.
Asay and Stewart are both being held in the Fayette County jail.
This story was originally published January 7, 2020 at 4:05 PM.
