U.S.

'Road Rage' Killer Gets 13 Years

December 4, 2000 / 11:20 AM EST / CBS/AP

A woman was sentenced Monday to 13 years in prison for the "road rage" shooting death of another woman motorist on the exit road of a busy interstate.

Shelby County Circuit Judge Al Crowson denied probation as he sentenced 40-year-old Shirley Henson, who was convicted of manslaughter in the roadway killing of Gena Foster, a 34-year-old mother of three.

Prosecutors said Henson tailgated Foster for several miles on Interstate 65 as the two women drove from work to their homes in suburbs south of Birmingham on Nov. 8, 1999.

Henson showed no emotion when the judge read the sentence.

Crowson said everyone has "a little road rage" in them and he knew his sentencing in this case would be closely watched. He said neither probation nor the maximum sentence of 20 years was appropriate.

The judge ordered Henson to report to jail at 9 a.m. on Jan. 2, but he said she would be allowed to remain free on $50,000 bond.

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Her defense attorney, David Cromwell Johnson, has said he would appeal but no papers have been filed.

The judge said Henson's record was better than that of any other defendant in his court during the 12 years he has been on the bench. He said the sentence includes the possibility of parole.

Crowson said he has never carried a gun in his car. "I believe that those people that carry pistols in their car need to be responsible for them," he said.

The victim's mother, Patricia Newell of Sun City, Ariz., cried on the witness stand as she testified at Monday's sentencing hearing.

"I'm in more pain than I am in anger," she said. "The loss is too great."

Originally charged with murder in Foster's death, Henson was convicted on a reduced charge of manslaughter in October. She has remained free on the $50,000 bond.

Prosecution evidence showed Henson, driving a sport-utility vehicle, stayed on the bumper of Foster's Pontiac even as Foster sped up.

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Foster got out of her car on an exit ramp and walked back to Henson's vehicle, which stopped directly behind Foster. Henson shot once through the unrolled driver's window, striking Foster in the cheek from close range.

The defense claimed Foster brought the killing on herself by driving erratically and acting threateningly toward Henson, who testified that she feared for her life when she killed Foster.

Witnesses testified Foster had a bad reputation for having a volatile personality, and Henson's lawyers contended she was addicted to a prescription painkiller that could have enflamed her behavior.

Foster was survived by an 11-year-old son and two daughters, ages 5 and 15.

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