HENRYVILLE, Ind. (WDRB) - A Henryville mother accused of being high on drugs when she crashed into a train, killing her two children, is out of the Clark County Jail on bond.
On Monday, a judge lowered her bond from $250,000 to $10,000 cash.
Ericka Fouch displayed no emotion as she headed into Clark County Circuit Court on Monday. She had the weekend in jail to relive and rethink the horrific crash from three months ago. Her 5-year-old daughter, Adalynn, and 4-year-old son, Wyatt, died in the wreckage when police say Fouch drove in front of a train, barreling down the tracks at 44 miles an hour on State Road 160 in Henryville.
"I know that the family has went through tremendous grief, and Ms. Fouch has went through a tremendous amount of grief," said Clark County Prosecutor Jeremy Mull. "But I want to be very clear that if you drive after using drugs and cause a collision that kills people, I'm going to come after you."
Toxicology tests found methamphetamine and marijuana in Fouch's system. Prosecutors say she admitted to using drugs just one hour before the crash. They say she wasn't even supposed to be behind the wheel at all, because her license was already suspended.
"There's almost always, in cases like this, a bit of a rush for judgment, and certainly, I think in the world we live in today, everyone wants to try to put blame somewhere," said Niles Driskell, Fouch's defense attorney.
Fouch's attorney's argument of a mom with deep roots in the community and no pending cases swayed the judge. Even though she posted the $10,000 cash bond, she's still on home incarceration and subject to drug testing. Prosecutors say she will not get a pass on punishment.
"There's just no excuse," Mull said.
Fouch would not speak to reporters after the hearing, but seemed visibly shaken by the weight of the events. She pleaded not guilty to child neglect resulting in death, and operating a motor vehicle while impaired.
"This is a very tragic situation," said Driskell. "It's very, very sad, and there are no winners."
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