On Nov. 15, 2018, firefighters responding to a residential blaze in Claremore, Oklahoma discovered the charred body of the homeowner, Rick Swan.
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Swan, 60, a local businessman, had been shot in the abdomen, chest, and the back of his head.
“I suspected he was murdered and then set on fire,” Claremore PD Detective John Singer told Fatal Family Feuds, airing Saturdays at 9/8c on Oxygen. “That’s pretty tough stuff.”
Who shot and incinerated Rick Swan?
Swan’s body was transported to the medical examiner’s office. Meanwhile, a crime scene unit recovered three .9mm shelling casings.
Investigators learned that Swan grew up in the area in a close-knit, hard-working family. At age 45, Swan began dating Cathey Foster, a former schoolmate who had had issues with depression.
“But it seemed like they were both on the right track and they had a new beginning,” said Lori Fullbright, News On 6 crime reporter.
Two years into their relationship, Swan proposed to Foster, a mother of two, with a 2-carat ring in 2005. They tied the knot at his family’s home.
Foster’s two sons, Kevin and Brandon, who were out of high school. Kevin’s relationship with his mom was rocky and Swan took steps to mend the rift. His efforts helped Kevin land a good job at a bank, according to Fatal Family Feuds.
Despite the good times and family accord, Cathey’s issues with mental health continued. In 2016, she took her own life. “Rick was devastated,” said his brother, Chris Swan.
Four months later, Swan found her suicide note in which she described her struggles. It gave him a sense of closure. Two years later, Swan had been shot and set ablaze.
Rick Swan’s stepson comes under suspicion
“I drove over to the crime scene as it was still smoldering,” said Swan’s attorney, Steve Peters. “I was convinced it was his stepson.” Peters told investigators that Swan’s relationship with his stepsons deteriorated after Foster’s suicide.
Investigators discovered that Kevin and his stepfather were tied financially. In Oct. 2017, Swan added Kevin to one of his checking accounts to give support, according to Cassie Grettner, a Claremore PD detective.
By Swan’s estimate, he’d loaned Kevin $7,500. After going through his accounts he “discovered that money was also being taken that he wasn’t aware of,” said Matt Ballard, Rogers County District Attorney. “Rick initially was forgiving of his stepson.”
Not long after this, however, Kevin demanded that Swan turn over some of his mother’s personal items, including her engagement ring. But Swan refused, stating the ring was special to him. The relationship between the men further declined when Swan learned that Kevin had drained the joint bank account of $17,000.
In response, Swan emptied the bank account to protect himself financially. Then, in March 2018, Kevin sued Swan, claiming that he was owed money as part of his late mother’s estate, according to Fatal Family Feuds.
Swan filed a counter suit. Shortly after, he began noticing that objects in his house had been moved. Missing items included the ring he treasured. Swan documented his discoveries on videotape.
Police interviewed Kevin as part of their investigation. “He did, in fact, feel entitled to the estate,” said Grettner. “But he was very quick to say, ‘I didn’t do any of these things.’”
Rick Swan Suspected Kevin Foster Prior to His Death
Three weeks before the murder, Swan discovered that his wife’s headstone had been vandalized. “It no longer says Cathey Swan on it,” said Fullbright. “It now has her maiden name on it.”
A temporary restraining order was issued, said Peters. A hearing was set for the afternoon of Nov. 15 — the same day of the murder.
As investigators worked the case, witnesses told them that Swan had game cameras around his property. A search turned up no devices. Another witness reported seeing a red Mini Cooper parked outside Swan’s closed gate before the fire.
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Security footage from a nearby gas station confirmed that a car matching that description was in the area of Swan’s property the morning of the murder.
Detectives found out that Kevin Foster owned a red Mini Cooper. They also learned that he’d been charged with embezzlement by a bank in Tulsa where he was working.
Detectives realized it was time to meet with Kevin, who denied being in Claremore on Nov. 15. “He said he had a court appearance and that he had been at work,” said Ballard.
When asked if he owned a firearm, Kevin turned “belligerent,” said Singer. “That got him arrested for obstructing a police officer.”
Agents searched Kevin Foster’s home. His wife, Elissa, stood by him — but she also reveals that he owns two guns and turned them over to police. One of them was a .9mm weapon.
Police Consider Rick Swan’s Other Stepson
As detectives worked the case they found out that, on Nov. 15, Kevin had shown up for the 3 p.m. court appearance. While it may have been an effort to cover his tracks, they considered other suspects, including Brandon Foster, who had his own bad blood with his stepfather. Swan had essentially cut the brothers out of his estate.
Swan’s will stipulated that Brandon would get $2 and Kevin would get $1 after his death, said Fullbright.
But investigators found that there wasn’t bitter hatred between Swan and Brandon. A thorough investigation of Brandon, whose alibi was rock solid, cleared him as a suspect.
At the same time, Brandon provided images from his cell phone Kevin had texted him, according to detectives. It was the outline of a human shooting target riddled with bullet holes. Underneath was “RIP Rick.”
Evidence mounts against Kevin Foster
While Kevin was in jail for obstruction, investigators continued to dig into the murder case. A search of his red Mini Cooper turned up a smashed cell phone and a key to a safe deposit box, in which investigators recovered rings that Swan said had gone missing. Detectives were also able to access data from the cell phone.
According to Steve Cox, Chief of Claremore PD, GPS data showed that the phone was in the area of Swan’s property on the day of the murder.
Images on the phone shocked police. “The first picture I found … I was looking at Rick Swan burning,” said Cox. Another picture showed the building on fire.
Kevin Foster is charged with Rick Swan’s murder
Kevin Foster Confesses to Killing Rick Swan
The photographs confirmed that Kevin was at the scene of the murder. On Dec. 15, he was charged with murder.
Investigators got a big break when Chris Swan recovered a game camera while cleaning out his brother’s shop.
The first image on the camera, which is triggered by motion, showed Swan turning on a light, according to Ballard. Then Kevin enters the picture. He is seen holding a gun, then he goes out of view. Then he is seen with red cans of gasoline.
“Now we have photographic evidence,” said Singer. “Kevin Foster killed this man.”
In Jan. 2019 investigators received the ballistics report. It confirmed that the bullets that killed Rick Swan were fired from Kevin’s gun.
On Nov. 6, 2019, Kevin Foster’s trial for Rick Swan’s began. Foster claimed in court that Swan fired a gun at him, said Ballard.
On Nov. 15, the jury returned with a guilty verdict. He was sentenced to 45 years in prison.
To learn more about the case, watch Fatal Family Feuds, airing Saturdays at 9/8c on Oxygen.
