INDIANAPOLIS - An Edgewood police officer has been formally charged with operating while intoxicated in relation to a fatal crash on State Road 32.
On Thursday, the Madison County Prosecutor's Office filed six felony counts against James D. Foutch, 41, of Anderson, including reckless homicide and causing death when operating a motor vehicle while intoxicated.
The charges stem from a crash on Sunday which killed Jesse Sperry and left his wife Rebecca Sperry critically injured .
Rebecca, who was nine-months-pregnant, had to have an emergency C-section at St. Vincent Hospital in Indianapolis. The baby, named Autumn Marie Sperry, was transported to Riley Children's Hospital.
According to a probable cause affidavit released Thursday, the crash data recorder recovered from Foutch's GMC Yukon showed that it had been traveling 92 miles per hour just prior to the crash and indicated no braking had occurred.
Rebecca told investigators that she saw Foutch's vehicle approaching in her rearview mirror and told her husband, "Oh my gosh, look at this guy, he is, like, flying. I think he is going to hit us."
Then Foutch "full-out nailed them," court documents quote Rebecca as saying.
Foutch told investigators that he didn't see the Sperry's vehicle because he was "looking down at his gauges."
He also told police he had taken a prescribed 7.5mg Hydrocodone a few hours prior, and that he had taken one of his girlfriend's Xanaxes the previous day. A blood test showed that he had Hydrocodone in his system at the time of the crash, according to court documents.
Foutch was being held at the Madison County Jail on $20,000 bond.