CLARK COUNTY, Ind. (WAVE) - It was a story that shook a Southern Indiana community. Two children killed after their mother, who was high, crashed her car into a train.
Now that mother, who has been in prison for two years, says she’s changed and is ready for another chance.
Ericka Fouch was sentenced to 18 years in prison. She was back in court on Monday for a sentence modification hearing. That basically means that her attorney wants to reduce or change her sentence.
Fouch declined to speak with WAVE 3 News in and out of court on Monday. She did have several family members in court supporting her.
It was June of 2017 when Fouch was high on meth and THC, driving onto the train tracks along State Road 160 in Henryville with her two young children in the car. A train hit their car killing her two children, four-year-old Wyatt and five-year-old Adalynn.
Fouch's plea agreement allows her sentence to be appealed, but not the charges. Fouch has been in prison for almost two years. She told the judge on Monday that she has completed an extensive drug treatment program at the department of corrections and has matured and changed. Her attorney asked the court for an early release, possibly to a halfway house or monitoring with an ankle bracelet.
The judge didn’t make any decision on Monday, but said she would take the arguments from her attorney and the state under advisement and make a decision in about two weeks.
“Certainly we understand the seriousness of the underlying facts and circumstances and length of the sentence, but we also at the same time believe that one of the purposes of the prison system is to allow a person to be rehabilitated and that function has been served,” Fouch’s attorney Niles Driskell said. “We believe the time is now for her to have that opportunity really to be able to transition back to society.”
The judge could order her to serve out her full sentence or serve the remainder of her sentence in community corrections in lieu of prison.
The prosecution objected to any modification of Fouch’s sentence.