ANDERSON — An additional misdemeanor charge for violating a no-contact order has been filed against former Edgewood police officer James D. Foutch.
Foutch, 48, was arrested Sunday and after the Madison County prosecutor’s office was given an additional 72 hours, he was charged Thursday with a Level 6 felony charge of domestic battery and misdemeanor charge of invasion of privacy.
Foutch had served 3 ½ years of an 11-year sentence after pleading guilty to felony counts of reckless homicide and criminal recklessness inflicting serious bodily injuries in 2015.
The probable cause affidavit on the new charge states that on Tuesday, Foutch called his wife three times from the Madison County Jail after a no-contact order was issued.
Foutch called his wife Monday before the no-contact order was issued and was warned by the jail staff to stop calling.
Criminal Magistrate Jason Childers agreed to a request by the prosecutor’s office for an elevated bond because of the safety risk to his wife and children.
Childers said the actions in the invasion of privacy charge came after Foutch was informed of the no-contact order.
Childers set the bond on the domestic battery charge at $5,000 full cash and on the misdemeanor charge at $3,000 full cash.
Foutch will have to post a cash bond of $8,000 to be released from the jail.
When asked if he was employed, Foutch said he imagines the job he had was lost for failure to report to work in Greenfield this week.
“It’s a hiccup,” he said of his arrest Monday. “Things have gotten blown out of proportion.”
The probable cause affidavit said Foutch’s wife called dispatch stating that he grabbed a 1-year-old child from her and pushed her against a changing table, causing pain.
She said Foutch has a gun and alleged he had been using methamphetamine all weekend.
After she called police Foutch apologized to his wife and calmed down.
She said he shoots methamphetamine and had used a lot of the drug over the weekend.
When interviewed by police, Foutch denied pushing his wife, stating he may have bumped into her.
On April 6, 2014, Foutch, then 41, was off duty and driving a Yukon SUV about 92 mph when he crashed into the rear of a car carrying Jesse and Rebecca Sperry on Indiana 32.
The couple was driving home from their Edgewood church and expecting the induced birth of their first child that day.
Jesse Sperry died in the accident and his wife gave birth to a daughter, Autumn, later that day.
Foutch was convicted after pleading guilty to felony counts of reckless homicide and criminal recklessness inflicting serious bodily injuries.
Foutch received an 11-year sentence, including eight years in prison and three on probation.
He was released from the Indiana Department of Correction in September 2019.