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Clark County (The Evening News)

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November 17, 2007

Nabb man accused of running meth lab out on bond

By STEPHANIE MOJICA

A Nabb man accused of running a methamphetamine lab was charged with three felonies and three misdemeanors and released on bond, court records show.

James A. Fouts, 44, along with five other people, were arrested Nov. 8 by Clark County Sheriff’s Department deputies. One of them saw Fouts’ car parked at a house on the 24000 block of Ind. 62 in Nabb, and knew he was wanted for failure to appear in Clark Superior Court No. 3.

Police also had tips that a methamphetamine lab was operating from that home, and several deputies apprehended Fouts, said Maj. Chuck Adams in a news release last week.

Fouts was charged with two class D felonies — possession of methamphetamine and possession of methamphetamine precursors with intent to manufacture, and the class B felony dealing in methamphetamine. He also was charged with two class A misdemeanors — possession of marijuana and possession of paraphernalia, and the class B misdemeanor of visiting a common nuisance.

The sentencing guidelines for D felony convictions call for six months to three years in jail, while the B felony could lead to six to 20 years incarceration. Each felony conviction also can carry a $10,000 fine. Class A misdemeanors can carry up to a year in jail and a $5,000 fine, and the potential sentence for a B misdemeanor is up to six months incarceration and a $1,000 fine.

In Clark Superior Court No. 2 Thursday, Fouts, represented by New Albany attorney Bart Betteau, was granted immediate release because of payment of the $25,000 court-cash bond which was set Tuesday by Magistrate Judge William Dawkins. Court-cash bonds typically are payable with 10 percent of the amount in cash, or approximately $2,500 in this case.

Betteau said in a telephone interview Friday that it was unclear to both him and his client what evidence the state claims to have against Fouts.

“We maintain he didn’t do anything wrong in regards to this case they claim against him,” Betteau said.

The others who allegedly were involved in the methamphetamine lab all tried to flee the residence upon Fouts’ arrest, Adams said. However, they were apprehended and arrested on suspicion of manufacturing methamphetamine. Each of the accused had their rights read in court and a court-cash bond of $25,000 set this week, but have not been formally charged.

Travis D. Smith, 18, Dora L. Vibbert, 36, and Timothy L. Webster, 34, have not put up a bond and are still in custody at Michael L. Becher Adult Correctional Complex, records show. Billy J. Smith, 36 was bonded out of custody.

Andrew Adams of Jeffersonville is the attorney for both Smiths, and said in a telephone interview Friday he felt it was too early in the case to comment, as charges have not been officially filed against either of his clients. Vibbert and Webster do not have attorneys listed in court records.

A sixth person, an adult female, also was arrested in connection with the case, according to a photograph included in last week’s news release. However, requests for further identification have not been returned and court records do not cite her name.

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