Man Deemed Incompetent to Proceed in Rape Case

Update | April 17, 2026:

Foster has a felony forensics hearing scheduled for January 14, 2027.

On October 1, 2024, Judge David Kreider denied the pretrial detention motion on Andre Foster and he was subsequently released on a $100,000 bond

The arrest report regards text messages where Foster said he was "sorry" for not stopping when the victim told him.

In July 2025, Foster was found incompetent to proceed. Kreider ordered him to be placed under conditional release, citing his incompetency being as a result of a mental disability or autism.

Kreider's order states Foster "does not meet the criteria for commitment to a training facility of the of the Agency for Persons with Disabilities... but is in need of outpatient training to restore competency to proceed..."

Kreider set the following conditions of release:

On September 21, 2024, a senior at Gainesville High School (GHS), Andre Steven Foster, 18, was arrested for raping an underaged girl.

Foster went to the 9th grade center of the school and raped the victim after she told him “No.”

During Foster’s police interview he claimed he stopped because he “remembered that they both said they would wait until they were married.”

The State Attorney's Office filed a motion of pretrial detention on Foster. 

The motion was scheduled to be heard on Thursday but it had to be rescheduled due to courts in Alachua County being closed for Hurricane Helene. 

A motion of continuance usually serves as a request; however, in this form the State Attorney’s Office was simply giving notification to the court that the hearing was required to be moved. 

On Monday, a judge will decide if Foster is to be granted bond or held in jail as his case is ongoing.