(MADISON COUNTY) - Edgewood Police Officer James Foutch left court in Madison County Monday morning, only mumbling "no comment" when Eyewitness News asked him about his involvement in a fatal crash that killed a father-to-be.
Foutch was arrested for operating while intoxicated after the April 6, 2014 crash that killed Jesse Sperry. Foutch posted bond the morning after the crash. He was off-duty at the time.
In court Monday, the judge entered a not-guilty plea on his behalf and appointed a public defender for the Edgewood officer.
Foutch is also ordered by the court to serve probation with weekly check-ins that will include urine tests, no driving, no alcohol, and mandatory reporting any prescription drugs issued by a physician.
The judge set Foutch's trial for November 18th in courtroom 4 in Madison County.
Foutch, a 12-year veteran of the department who normally worked the third shift, remains on administrative leave. The town council will determine whether that's with or without pay.
The Madison County prosecutor says investigators believe Officer Foutch was driving under the influence of hydrocodone, a powerful narcotic.
A blood sample was taken from Foutch after the crash.
The crash killed Jesse Sperry and injured his wife as they drove home from church. Rebecca Sperry, who was nine months pregnant, delivered a baby girl via emergency C-section. The couple were planning on a C-section delivery that night, but the crash forced doctors to deliver their daughter early.
Madison County deputies say Foutch, an officer with the Edgewood Police Department, was driving a 2004 GMC Yukon westbound on State Road 32 around 12:20 p.m. when he rear-ended the Sperrys' 1996 Buick Century, pushing it off the north side of the roadway and into a utility pole.
Jesse Sperry was declared dead at the scene. Rebecca Sperry was taken to an Indianapolis hospital with serious injuries. She and her newborn daughter, Autumn, are now back home.
Foutch was not hurt, but his girlfriend, who riding with him, was taken to a local hospital to be treated for pain.
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