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Updated: October 17, 2022 @ 7:41 am
FULTON — After the death of a victim, Cody A. Backus, 37, of Fulton, is facing additional charges following an incident on July 23.
Marshell “Lowell” Foster, 82, died on Monday as a result of his injuries after he was assaulted by Backus, resulting in a brain injury. Backus was charged on Tuesday with the additional crimes of murder in the second degree — a class A-I felony, and manslaughter in the first degree — a class B felony.
Backus’s original charges were one count of burglary in the first degree — a class B felony, and one count of assault — a class D felony.
Backus was arraigned on the new charges Tuesday afternoon in Oswego County Court, where he was already appearing for a bail review hearing.
Judge Armen Nazarian raised Backus’s original bail to $500,000 cash, $1 million secured bond or $2.5 million partially secured bond.
As of publishing, Backus remains incarcerated at the Oswego County Jail, officials said.
Backus was originally arrested on July 29 following an investigation by the Fulton Police Department into the incident on July 23. The victim, Foster, was unable to summon help for approximately two days and had been laying on the floor of his house.
Foster had a traumatic brain injury, plus several fractures in his spine and face. Investigations found that Backus assaulted Foster outside of his residence, and then forced entry into the victim’s residence, and then further assaulted Foster.
Backus also recorded some of his actions and posted them to his social media accounts.
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