Former Senatobia officer who shot Kohen Wiley named in previous lawsuits
Hunter Foster was sued while working for two other law enforcement agencies
SENATOBIA, Miss. (WMC) - The attorney for former Senatobia Police officer Hunter Foster said his client had no choice but to open fire in the shooting that killed 1-year-old Kohen Wiley.
A law enforcement expert backed that claim as officials in Tate County, Mississippi, now decide whether to charge the child’s mother and great-aunt.
Foster has retained an attorney, and Kohen Wiley’s family is considering a federal civil lawsuit.
An Action News 5 investigation found Foster was named in at least two prior excessive force lawsuits, one while working as a Southaven Police officer and another while working for the DeSoto County Sheriff’s Office.
Resignation doesn’t end case
Foster resigned from the Senatobia police force earlier this week, but in a statement to Action News 5, Wiley family attorney Ben Crump said that does not end the case.
“Officer Foster’s resignation is hardly a step toward accountability, and it is certainly not justice. A badge cannot simply be turned in to escape responsibility for taking the life of an innocent 1-year-old baby. Kohen Wiley is never coming home to his mother, and no resignation can undo the devastating consequences of that officer’s actions.”
“We will not allow this resignation to be the end of the story. Kohen’s family deserves answers, a full accounting of what happened, and meaningful accountability. We will continue demanding permanent decertification and a federal investigation. Turning in a badge does not erase responsibility for taking a life, and it will not end our fight for justice for Kohen and his family.”
Prior lawsuits alleging excessive force
An Action News 5 investigation found Foster has been sued twice before for using excessive force: in 2021 when he worked as a Southaven police officer, and in 2023 when he worked as a DeSoto County Sheriff’s deputy.
In the Southaven Police Department case, Foster was accused of violating the civil rights of two men in the parking lot of a Waffle House.
The men claimed they were “viciously and repeatedly beat” and that Foster and other officers “conspired to charge them with crimes they did not commit.”
In the DeSoto County Sheriff’s Office case, Foster and other deputies were accused of violating the civil rights of a woman during a traffic stop. She claimed they “tased her multiple times,” “stomped on her face breaking her jaw” and “knocked out multiple teeth.”
The Southaven Police Department lawsuit ended with a confidential settlement. The DeSoto County Sheriff’s Office lawsuit was dismissed.
State finds shooting justified
The state of Mississippi said Foster shooting at the car with Kohen Wiley inside was justified because the driver of the car pulled forward toward the officers giving chase. That finding is supported by former Shelby County Sheriff’s Lt. Michael Collins.
“The vehicle was going in the direction of at least two of those officers,” Collins said. “It’s a 3,000 pound weapon.”
Attorney describes reason for resignation
Foster’s attorney, Martin Zummach, told NBC News his client “resigned for the good of the city and the police department and to permit the process of healing.”
“He is still shocked and sickened that a baby died and emphatically denies knowing a child was in the car or in the front seat and had no idea that those fleeing were suspected of shoplifting,” Zummach said.
Body camera footage from another officer at the scene after the shooting captured Foster saying, “I didn’t even see a f***ing baby in there.” Another officer responded, “Nobody knew there was a baby in there.”
Zummach had “no comment” when Action News 5 reached out for a statement about a pending lawsuit from the Wiley family.
Leadership change in Senatobia
On Friday, Interim Police Chief Angelica Maize resigned from the top police job and will return to her regular role on the force. No reason was provided. The new interim police chief is Lamorris Hampton, who was previously the second-in-command.
Tate County officials are also deciding whether to charge Kohen Wiley’s mother, Vellesiya Wiley, and great-aunt, Latoya Ferrell, in the incident. Wiley was holding her child in her lap in the front passenger seat when the shooting occurred. Ferrell was behind the wheel and was critically injured by Foster’s gunfire. He was the only officer to fire his weapon.
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