The fate of death row prisoner Kenneth Foster is down to the wire. Foster is scheduled to be killed by lethal injection tonight for a murder the state of Texas admits he didn’t commit or plan. Eleven years ago, Foster was driving a car with three passengers. One of the passengers left the car, got into an altercation and shot a man dead. The shooter was executed for this crime last year. Kenneth Foster was 80 feet away in his car during the killing. But he was sentenced to die as well under what’s known as the law of parties. The law imposes the death penalty on anybody involved in a crime where a murder occurred. The Texas Board of Pardons and Paroles has not yet released a decision, expected yesterday, on whether to grant clemency. A rejection would leave only Foster’s final appeal to the U.S. Supreme Court. Foster’s execution would make him the third Texas prisoner executed in as many days. On Thursday, John Joe Amador was executed for a 1994 murder-slaying. He maintained his innocence until his death.