Officer released on bond after being charged in fatal crash

James D. Foutch
Published: .
Updated: .

An off-duty police officer arrested for OWI after a fatal accident on Sunday was released after posting bond Monday morning.

Edgewood Police Officer James Foutch has officially been placed 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.

"We are waiting for the police to conduct their investigation," Madison County Prosecutor Rodney Cummings told Eyewitness News.

A blood sample was taken from Foutch after the crash.

WTHR asked Cummings if the officer was allegedly taking the hydrocodone legally. Cummings responded, "I'm not sure it really matters if you're under the influence. You know that you're not supposed to be driving and doing things that impair your ability to drive."

The crash killed Jesse Sperry and injured his wife, Rebecca Sperry, who was nine months pregnant. She delivered a baby girl via emergency C-section. Mother and child remain hospitalized. 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 a 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, the driver of the Century, was taken to an Indianapolis hospital with serious injuries.

Sperry's friends have set up a website to support her. On the site, friends report that she delivered her daughter, Autumn, via emergency c-section. 

Foutch was not hurt but his girlfriend, who riding with him, was taken to a local hospital to be treated for pain.

Foutch was arrested on a charge of OWI while causing death, a Class B felony. He is a 12-year veteran of the department who normally worked the third shift.