JEFFERSONVILLE, Ind. (WDRB) - A Henryville, Indiana, mother pleaded guilty Monday in connection to a crash with a train that killed her two children last year.

Ericka Fouch pleaded guilty to two counts of causing death while operating a motor vehicle while driving under influence of a controlled substance and one count of driving without a license during a hearing in Clark Circuit Court in Jeffersonville Monday. 

In exchange for her plea deal, prosecutors agreed to drop a charge of neglect of a dependent resulting in death. That means she'll face a maximum sentence of 24 years in prison instead of 80. But she could also get probation or home incarceration.

In most cases, a plea agreement also comes with a recommended punishment or sentence, but not in this instance. In this case, Fouch has agreed to throw herself on the mercy of the court.

"I can tell you I'm going to ask for a lengthy prison sentence," said Clark County Prosecutor Jeremy Mull. "There's just nothing else that's appropriate in the case when you have a 4-year-old and a 5-year-old child that are dead that shouldn't be because someone has used drugs."

Fouch had been under house arrest after posting a $10,000 cash bond. She will remain on home incarceration until she has been formally sentenced. Her sentencing hearing is scheduled for March 8.

Niles Driskell, Fouch's defense attorney, says the plea, "is Ericka's attempt to take responsibility for her actions."

He added that there, "are no winners. Nothing really good is going to come from this situation, but I think we're all trying to do the best that we can."

Police arrested Fouch in September, three months after her two children were killed in the crash with a CSX train in Henryville. Police said it happened June 28 at the crossing on State Road 160 near Pennsylvania Street.

Adalynn Fouch, 5, and Wyatt Fouch, 4, were in the back seat and pronounced dead at the scene. Ericka Fouch was taken to University Hospital and underwent surgery, police said.

Fouch was arrested in September after toxicology results indicated she was under the influence of drugs. Police said her driver's license was suspended. 

After her arrest, Clark County Prosecutor Jeremy Mull said a blood sample taken at the scene shows Fouch had nordiazepam, amphetamine, methamphetamine and THC in her system. Court documents show she admitted taking drugs an hour before the accident.


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