A Licking County judge will rule Sept. 16, on whether Bruce Foster III is not guilty by reason of insanity in the New Albany warehouse shooting.

Foster faces 19 charges, including aggravated murder, attempted murder and felonious assault, in the Feb. 4, 2025, shooting at the KDC One warehouse at 8825 Smith's Mill Road North, ABC6 reported. He is accused of killing two people and wounding four others. The victims who died were Kyle Vaver, 38, and Shakhar Chapagai, 30.

Licking County Common Pleas Judge David Branstool presided over a four-day bench trial in late August. No jury will decide the case. Both sides agreed Foster suffers from mental illness. The central question is whether he understood his actions were wrong at the time of the shooting.

Defense attorneys Brandon Shroy and Jeffrey Stavroff called two forensic psychologists who testified Foster was delusional. Dr. John Tilley, who examined Foster five days after the shooting, told the court Aug. 27 that Foster had been diagnosed with schizophrenia and psychosis. Tilley described "systematic delusions" about the mafia targeting Foster, delusions that eventually extended to his coworkers.

Prosecutors Jenny Wells and Tyler McCoy argued Foster acted with a plan. They pointed to security camera footage showing Foster with a Glock 26 9mm handgun around 10:19 p.m., shortly before a shift change. Prosecutors also alleged Foster hid the gun in his backpack, brought a change of clothes and scheduled an Uber pickup minutes before the gunfire.

The prosecution's rebuttal witness, Dr. Kara Marcini, testified that Foster was aware what he was doing was wrong. She said Foster told her in a January meeting that he felt agitated the day of the shooting and thought he needed to leave because he was about to harm someone.

During closing arguments on Aug. 28, Wells told the judge that Foster's own words to police undercut the insanity defense. "He says that to law enforcement officers, 'I couldn't help myself, I didn't want to hurt anyone,' because he knew it was wrong, but he couldn't help himself. That is not a defense; an impulse or a compulsion is not a legal defense," Wells said, according to Spectrum News 1.

Shroy countered that Foster's mental health struggles date back to 2022, when a family member called police because Foster was struggling psychologically.

About 150 employees were evacuated from the warehouse the night of the shooting. New Albany police said they responded within four minutes of the first 911 call, which came in around 10:20 p.m.

Foster was arrested the following morning in the University District near the Ohio State campus, at 7th Avenue and High Street. He was indicted May 22, 2025, initially ruled incompetent to stand trial and ordered to receive treatment at Central Ohio Behavioral Healthcare. He was ruled competent in November 2025.

If convicted of the most serious charges, Foster could face life in prison without parole. He is being held in Licking County jail. Judge Branstool's ruling will determine whether Foster is found guilty or not guilty by reason of insanity.