Mistrial declared in abduction and robbery case of Norfolk man accused in Greenbush home invasion

The trial of a Norfolk man accused of abduction, robbery, theft, and two counts of use in a firearm in the ambush of Greenbush landlord Orllie Marshall Poulson at his home on John Kane Road in early 2024 ended Friday in a mistrial.

Forty-five-year-old Bennie Jerrod Foust, of Saint Julian Avenue, denied committing the crimes. Judge Stephen Mahan dismissed a count of firearm theft, agreeing with the defense that the gun could have gone missing earlier since it was not disclosed when Poulson last saw the pistol, which he kept in a bedroom drawer. Poulson realized it was gone when he found the drawer open after the Jan. 7th incident. Ammo was left behind. Charges of being a felon with a gun and petty theft were not prosecuted.

Poulson identified Foust in a lineup based on a tattoo on his neck. Detective Andrew Vargas of the Accomack County Sheriff’s office linked Foust’s path that day based on videos gathered from cameras in the neighborhood, the Melfa Shore Stop, the Chesapeake Bay Bridge-Tunnel, and streets in Hampton Roads.

The jury was not told that Foust is a felon.

Poulson said a well-dressed man with a tattoo came to his house in a silver Mercedes. He was alone and said he wanted to buy property. Poulson said he invited the man inside to discuss the land when two mask-wearing men rushed in with them. The well-dressed man pulled a handgun that Poulson said looked like the kind police carry. Poulson said the robbers left with more than $17,000.

Commonwealth’s Attorney Spencer said he will retry the case. The jury said it was deadlocked and had deliberated for hours on Thursday afternoon and Friday morning.

Foust and an officer from Norfolk said the defendant is a confidential informant for police there. He admitted to being on the Eastern Shore that day for a drug deal.

“I was just so scared to stay in my own home” after the incident, Poulson, who was 73 years old when the incident occurred, told the jury. “I stayed with friends” at night. “In the daytime, I had to stay there” to collect rents. “I forced myself to stay in the kitchen.” Poulson later moved and sold the dwelling.

Also linking Foust to the crimes was a reference he made. The well-dressed man who held a gun on Poulson said Poulson’s partner was involved with “the cartel” in Mexico and owed them money. When questioned by police, Foust also mentioned “the cartel.”

Poulson said his partner had died years before. “I found it to be a lie. My partner would never have done that.”

When the well-dressed man stayed with Poulson, the other two roamed his house looking for money. When he gave them some, the man told him to lie on the floor and they would zip-tie him. Poulson said at that point he knew he needed to get out of the house or die. So, he said he had money in his truck, and he and the man went outside. Poulson started the vehicle and tried to drive away, but the man stopped him and zip-tied his left hand to the steering wheel.

The men then fled. Poulson’s cell phone and his keys were thrown away. Poulson was able to use the hedge clippers that were in the back seat to cut the zip-tie. He found his keys nearby and drove to the sheriff’s office.

“Bennie Foust did not rob Mr. Poulson,” Defense lawyer Eric Korslund told the jury. “He didn’t do it. Sometimes, people make mistakes. Please keep an open mind. Listen to all the evidence.”

Korslund contended that the only evidence of the crimes was Mr. Poulson. He said Poulson wore expensive jewelry and had cash on him when he went to the sheriff’s office. He argued that the robbers didn’t take those items. The zip-tie was still around his wrist like a bracelet, the defense lawyer said.

“He can only remember that the first man had a tattoo on his neck” and that he can’t identify them.

The defense lawyer says Foust was the only person in a lineup with a tattoo on his neck, and Poulson still didn’t identify him. There is no forensic, DNA, or fingerprint evidence. “They are grasping at straws. I’m up here saying prove it,” he added.

“I’m not sure a robbery ever even happened,” the defense lawyer continued. “Why would he make this up? Tens of thousands of reasons,” Korslund said.