UPDATE 7/6/10 @ 6:15 p.m.
HUNTINGTON, W.Va. (WSAZ) -- It's case closed in the murder of a local case worker after the last of three charged in the crime avoided prison time. Stephen Foster Sr. was charged with helping to cover up the murder of Brenda Yeager and hiding her body.

But on Tuesday morning, those charges were dropped by the Cabell County prosecutor. The reason -- not enough evidence.

"I’m very saddened because I know she only tried to help people," Foster Sr. said.

Those were the troubling words from a man back in 2008 right after he was arrested -- accused of concealing the murdered body of Brenda Yeager. Foster's son, Stephen Jr., and the son's girlfriend, Rosemary Forney, admitted to the sexual assault and suffocation of the social worker during a home visit to help care for their newborn baby.

"At the time, I thought she was coming to take my baby away," Forney said.

While Foster Jr. and Forney pleaded guilty and were sentenced for their roles in Yeager's death, Foster's charges have now been dismissed.

"We didn’t have enough evidence to find Mr. Foster guilty and in fact, we talked with folks who said Mr. Foster could not have helped burn the body or the vehicle or conceal the body," Cabell County Prosecutor Chris Chiles said. "So, we dismissed."

“Instead of helping them to get away, he actually called police and turned his son in," Chiles said. "So, that was another factor that helped us to determine that he was not guilty of these crimes."

It's all case closed now -- a decision that Chiles, says Yeager's family is satisfied with.

Chiles says they did not want to see an innocent man go to prison.

Foster Jr. and Forney were sentenced to several consecutive life sentences for multiple charges, including murder and kidnapping.

Cabell County Prosecutor, Chris Chiles dropped the charges against Steven Foster, Sr. during a hearing in Cabell County Circuit Court Tuesday morning due to lack of evidence.

Foster, Sr. had been charged with concealment of a human body, third-degree arson and accessory after the fact to murder in the death of Brenda Yeager.

Foster's son, Steven Foster Jr., and co-defendant Rosemary
Forney pleaded guilty earlier this year to killing Yeager of
Hamlin during a home visit she made to their residence in July
2008.

Foster's trial had been postponed several times, most recently on June 24.

Keep clicking on WSAZ.com for updated information.

53-year-old Steven Foster Sr. is charged with concealment of
a human body, third-degree arson and accessory after the fact to
murder.

His trial was supposed to start Thursday in Cabell County Circuit Court, but Judge Alfred Ferguson postponed it after some of Foster Sr's family members were not able to attend.

Foster Sr's next court appearance will be a status hearing on July 6. A new trail date was not announced.

Foster's son, Steven Foster Jr., and co-defendant Rosemary
Forney pleaded guilty earlier this year to killing Brenda Yeager of
Hamlin during a home visit she made to their residence in July
2008.

53-year-old Steven Foster Sr. is charged with concealment of
a human body, third-degree arson and accessory after the fact to
murder.

Foster's son, Steven Foster Jr., and co-defendant Rosemary
Forney pleaded guilty earlier this year to killing Brenda Yeager of
Hamlin during a home visit she made to their residence in July
2008.

On Wednesday, Cabell County Circuit Judge Alfred Ferguson
scheduled the elder Foster's trial to begin June 24.

In a surprise move, Stephen Foster, Jr. pleaded guilty to killing and kidnapping Brenda Yeager during a hearing in Cabell County Circuit Court Thursday morning.

Yeager was killed in July 2008 during a visit to the home where Foster, Jr. and his girlfriend Rosemary Forney lived. That home was on Mount Union Road in Cabell County.

Prosecutors say the couple held Yeager at knife-point, sexually assaulted her, and then suffocated her.

Foster, Jr. had been scheduled to go to trial on the charges next month.

Besides pleading guilty to the first degree murder and kidnapping charges, Foster, Jr. also pleaded guilty to concealing a human body. He entered no contest pleas to sexual assault and arson charges, as well.

Foster, Jr. apologized to the Yeager family for "going too far", explaining he had recently lost a daughter, "that he did something really bad --a horrible thing -- and I do deserve a lot worse than this."

Judge O'Hanlon responded, "that any attempt to justify what you did is garbage."

Foster, Jr. said he forced his father to join in and help conceal the body.

Judge Dan O’Hanlon immediately sentenced Foster, Jr. to consecutive life prison terms with mercy on the murder and kidnapping pleas.

He must serve at least 40 years before he could be eligible for parole.

In February, Forney pleaded guilty to her role in the murder.

Forney received two life sentences with mercy on the first degree murder and kidnapping pleas.

She won’t be eligible for parole until 2040.

Forney told the court that Yeager was killed because the pair thought Yeager planned to take their infant daughter away.

Stephen Foster Sr. is charged with trying to help his son and Forney cover up the crime. His trial is scheduled for April 14.

Prosecutors say Foster Sr. helped his son, Stephen Foster, Jr,. and Rosemary Forney cover up the murder of Brenda Yeager.

They say that Foster, Jr. and Forney held Yeager of Hamlin at knife-point, sexually assaulted her, and then suffocated her during a home visit in July 2008 on Mount Union Road in Cabell County.

Earlier this year, Forney pleaded guilty to first degree murder and kidnapping in the case.

Stephen Foster, Jr.’s murder trial is set for May 12.

UPDATE Thursday 2/25/10
HUNTINGTON, W.Va. (WSAZ) – A new trial date has been set for the man charged with murdering a Lincoln County social worker.

During a hearing Thursday, Stephen Foster, Jr.’s murder trial was reset for May 12.

The trial was supposed to start on Tuesday. The delay is to allow for additional DNA testing.

Prosecutors say that Foster, Jr. and Rosemary Forney held Brenda Yeager of Hamlin at knife-point, sexually assaulted her, and then suffocated her during a home visit in July 2008 on Mount Union Road in Cabell County.

Earlier this month, Forney pleaded guilty to first degree murder and kidnapping in the case.

She was immediately sentenced to two consecutive life sentences with mercy

Foster Jr.'s attorney is expected to request a change of venue for the trial during a hearing set for April 6.

Stephen Foster Sr. is charged with trying to help his son and Forney cover up the crime. No date has been set yet for his trial

UPDATE from 6 p.m. Tuesday
HUNTINGTON, W.Va. (WSAZ) -- After taking a life, one woman will now spend the rest of her life behind bars.

Rosemary Forney accepted a plea deal Tuesday for the kidnapping and murder of a social worker.

Cabell County Circuit Judge Alfred Ferguson used words such as "malicious," "violent" and "senseless" to describe the horrific crime against a woman who lived her life trying to help others.

"Over the years, I've had a lot of murder cases," Ferguson said. "This is one of the worst I've ever had against a totally innocent victim."

Brenda Yeager was that victim -- a social worker devoted to helping others.

"She was there to help this family through the loss of one twin and the care of the other child," Cabell County Prosecutor Chris Chiles said.

But, when Yeager arrived at the Cabell County home of Rosemary Forney and Stephen Foster Jr. in July 2008 for a home visit, it turned out to be her last visit.

"How was she killed?" Ferguson asked.

"By suffocation," Forney said.

"How was that done?" Ferguson asked.

"By a garbage bag," Forney replied.

"Can you tell me why you did that?" Ferguson asked.

"At the time, I thought she was coming to take my baby away from me, and Stephen had gotten it into my head that that's what she was coming for," Forney said.

"No matter why she came there, even if she came to take your baby, you had no right to do the things you did," Ferguson said. "It was a malicious killing, a violent killing, a senseless killing."

Yeager's family shed tears of sadness for their loss, as well as experiencing some relief that justice has been served.

"I'm sorry for what I done," Forney said. "I know what I did was wrong."

Chiles said, "It gives the family some closure and two consecutive life sentences is a pretty harsh penalty. We believe it is a sentence of life in prison. People don't spend 30 years in prison and walk out."

Forney pleaded guilty to first-degree murder and kidnapping and received two life sentences with mercy to be served one right after the other. That means a minimum of 15 years on each charge for a total of 30 years before she'll even be considered for parole.

Yeager's family was too upset to talk on camera, but did tell us they are happy with the plea agreement. And while they believe Forney is getting what the law allows, they say she's certainly not getting what she deserves.

Stephen Foster Jr. and his father, Stephen Foster Sr., are still awaiting trial for their role in Yeager's death.

During a hearing Tuesday morning in Cabell County Circuit Court,
Rosemary Forney pleaded guilty to first degree murder and kidnapping.

Forney was immediately sentenced to two consecutive life sentences with mercy.

She must serve a minimum of 30 years in prison before she is eligible for parole

Forney and Stephen Foster Jr. are charged with the murder of Brenda Yeager of Hamlin.

Investigators say Forney and Foster held Yeager at knife-point, sexually assaulted her, and then suffocated her during a home visit in July 2008 on Mount Union Road in Cabell County.

Forney's trial was scheduled to begin this morning (Tuesday), instead she decided to take a plea deal.

Foster Jr. is scheduled to go trial on February 23. He has a motions hearing scheduled for Wednesday.

Stephen Foster Sr. is charged with trying to help his son and Forney cover up the crime. No date has been set yet for his trial.