CASE NUMBER: 29D03-2009-MR-005701 FILED: 9/17/2020

IN THE HAMILTON CIRCUIT SUPERIOR COURTS /

STATE OF INDIANA

STATE OF INDIANA
CAUSE NUMBER
VS.
HCSO Case Number: 292020—0008134
KATRINA LOUISE FOUTS
TERRY WAYNE HOPKINS

AFFIDAVIT FOR PROBABLE CAUSE

Comes now Detective G. Lockhart, who hereby swears upon his oath, deposes and says:

1. I am a Law Enforcement Officer with the Hamilton County Sheriff‘s Office and have been so at

all relevant times.

2. I am filing this affidavit of probable cause in support 0f the charges 0f Murder, LC. 35-42—1—1(1),

a Felony; Conspiracy t0 Commit Murder, LC. 35-42-1—1(1) and LC. 35-41—5-2(a)(2), a Level 1 Felony;

Failure to Report Human Remains, I.C. 35-45-19-3, a Class A Misdemeanor; and False Informing, LC.
35-44.1—2-3, a Class B Misdemeanor, against Katrina Louise Fouts, a white female with a date of birth

of 02/07/1966, height of 5’6”, weight 0f 121 pounds with blonde hair and blue eyes.

3. I am filing this affidavit 0f probable cause also in support of the charges of Aiding, Inducing, 0r

Causing Murder, LC. 35—42-1-1(1) and LC. 35-41—2-4, a Felony; Conspiracy to Commit Murder, LC.

35-42—1-1(1) and LC. 35-41-5—2(a)(2), a Level 1 Felony; and Failure to Report Human Remains, LC. 35-

45-19-3, a Class A Misdemeanor against Terry Wayne Hopkins, a white male with a date of birth of
06/29/1955, height of 5’9”, weight 0f 215 pounds with brown hair and blue eyes.

4. A male body was found deceased 0n 04/24/2020 at approximately 3:33PM. The body was in a

ditch off of the east side of the road in the 21500 block of Overdorf Road, in Noblesville, Hamilton

County, Indiana. The decedent’s cellular phone, wallet, and ID were not in his possession, and his

pockets were pulled out, consistent with someone emptying his pockets. The decedent was wearing
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Affidavit for Probable Cause

neither socks nor shoes When he was found. Investigators discovered a pinkish colored long sleeve shirt,

which appeared to be stained with blood, wrapped around his left wrist. An Uncle Mike’s brand rifle

sling was also observed partially around the decedent’s body.

5. The body was transported t0 the morgue at Riverview Hospital. While at the morgue digital

images were taken, clothing was removed for evidence, and further forensic measures were taken. At

this time, two lacerations were discovered about his body. Each hand had a laceration 0n the interior of

his hand, below his thumb, in the fatty area. These cuts appeared to have been made with a sharp

instrument. Investigators also noted what appeared t0 be glue or tape residue around the wrists and

ankles. Irecognized the width of the residue marks as consistent with that 0f duct tape. No other

obvious damage was noted about the body. The pinkish colored shirt was removed from the left wrist

area 0f the body and examined. Investigators noted a hole in the front bottom of the shirt which

appeared to have been removed with a sharp object. Investigators further noted the neckline of the shirt

appeared to have been cut but not removed. Investigators were able to identify the decedent as David

Michael Fouts (DOB 05/23/1969) using fingerprint records.

6. An autopsy of David Fouts was performed the following day, 04/25/2020. Observations made

during the autopsy indicate that the decedent’s location and position had been changed after death.

Specifically, the lividity marks on the decedent did not match the location and position in which the

body was discovered. Contents from David Fouts’ stomach were collected during the autopsy and

included fourteen fairly intact mushroom chunks. The cause and manner 0f death were pending the

outcome 0f toxicology tests at the conclusion of the autopsy. Toxicology results were eventually

received from NMS Labs, but the results shed no light on the cause 0f death.

7. Samples of the mushrooms from David Fouts’ stomach contents were sent t0 Dr. M. Catherine

Aime, Professor 0f Mycology at the Purdue University Department of Botany and Plant Pathology. Dr.

Aime analyzed the samples and produced reports detailing her findings. Based on DNA analyses,
several of the mushroom samples were identified as the mushroom Leucocybe connata, 0r L. connaz‘um.

The ITS sequence analyzed, Which is known as the “barcode” for fungi, matched 100% with several

sequences previously identified as the same genus and species and was not an exact match for any other

barcoded species. L. connatum is poisonous due to muscarine, a well—known mushroom toxin.

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Affidavit for Probable Cause

8. Dr. Aime notes that muscarine is most commonly associated with Amanita muscaria but is also

found in other mushrooms. Symptoms of muscarine ingestion can include PSL (perspiration, salivation,

lacrimation) syndrome to more severe and potentially lethal reactions, without medical intervention,

including slowing of the heartbeat, respiratory distress, and coma. According to literature reviewed by

Dr. Aime, the symptoms of muscarine poisoning begin about five to thirty minutes after ingestion.

9. Dr. Aime examined at least seven large pieces of L. connatum sourced from David Fouts’

stomach contents. Based on toxicity level ranges and muscarine content per mushroom, Dr. Aime

concluded that a lethal dose of muscarine could be found in between two to fifteen ingested slices.

Because David Fouts had at least seven slices within his stomach, Dr. Aime concluded the amount of L.
connatum consumed is within the estimated range for lethality. While muscarine toxicity does not

usually cause death in humans because of medical intervention, there are cases of death in humans due

to acute muscarine toxicity despite medical intervention.

10. Dr. Aime further noted that toxicological analysis, even in known muscarine toxicity cases, often

fails. Muscarine is neither metabolized by the body nor deposited in tissues 0r liver. The substance is

excreted through urine and also t0 some extent in saliva, sweat, and tears. Urine recovered from David

Fouts was sent t0 Cayman Chemical, a laboratory in Michigan, for testing of the urine for muscarine.

Testing of the urine did not reveal the presence 0f muscarine. Samples of David Fouts’ liver and kidney

were also tested for muscarine with negative results.

11. In a follow-up conversation with Dr. Aime, she explained to investigators that it is not surprising

that muscarine was not detected in the urine. She noted that muscarine has a half—life of about eight

hours and is usually undetectable by seventy—two hours, meaning any muscarine present would likely

have deteriorated by the time the body of David Fouts was found and urine samples were obtained.

12. Dr. Aime’s reports note that based on appearance, L. cormatum can be mistaken for Amanita

virosa. Amanita virosa is a well-known poisonous mushroom that is lethal. In reviewing records and

data from a cell phone used by Katrina Fouts, Who was the wife of David Fouts at the time of his death,

investigators made note 0f a screenshot located in Katrina Fouts’ phone, which appeared to depict a

webpage containing information about Amam’ta virosa. The information on this webpage notes that the

mushroom is among the deadliest plants known to mankind.

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Affidavit for Probable Cause

13. David Fouts’ home address was in the 7400 block 0f South Woodrow Drive, Pendleton, Madison

County, Indiana. His home address is also where he worked. This is also the primary home address 0f

Katrina Fouts. Investigators located Katrina Fouts at this residence in the early morning hours of

04/25/20 to make notification of the death 0f David Fouts. Katrina Fouts spoke With investigators at the

residence after notification was made. Searches 0f this residence and property were undertaken both by

consent and pursuant to search warrant.

14. Almost immediately after I informed Katrina Fouts that David Fouts had been found deceased,

she began to tell investigators that David Fouts had threatened suicide several times over the last few

years. Katrina Fouts stated that the previous weekend David Fouts had been saying everyone would be

better without him. Katrina Fouts said repeatedly that she felt guilty for not having done enough to help

him.

15. Katrina Fouts then told investigators about a man who had come t0 the home 0f David Fouts and
Katrina Fouts looking for David Fouts on several occasions. Katrina Fouts explained that David Fouts

had an affair last year With an induVial whom Katrina Fouts identified by name. Katrina Fouts said that

she believed the man associated with this woman had a problem with David Fouts. Katrina Fouts

provided a physical description of this man, identifying him as white, blue or green eyes, clean cut with

an education based on the way he spoke, a short haircut which was nicely groomed, and six feet tall with

a solid body build (225-250 pounds). According to Katrina Fouts, the fourth time this man came to the

house, he told her that she had nothing to fear from him, and he was sorry she was caught up in the

situation because she didn’t deserve it. Katrina Fouts told investigators she could have called the police

but did not do so because David Fouts did not want that.

16. During the same conversation Katrina Fouts indicated that she did not know Where the

decedent’s phone was located. Once the phone was located within the home in Pendleton, Where

Katrina Fouts had indicated David Fouts normally kept it, she indicated she had seen it in that location,

and it was there the entire time. Katrina Fouts also initially indicated that she did not own property or

lease property in Hamilton County, but she later told law enforcement that for years she had been

leasing a home in Noblesville and forgot about it. Katrina Fouts told law enforcement she goes to the

Noblesville home daily t0 feed her cats that live there. Katrina Fouts identified the leased house as
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being in the 16500 block of East 196th Street, Noblesville, Indiana. Katrina Fouts referred to this

residence as “the country house.” Searches of this residence and property took place both by consent

and pursuant t0 search warrant. Among items located by investigators at this residence was an Uncle

Mike’s gun sling similar in appearance to that located about the body of David Fouts.

17. A review 0f Katrina Fouts’ cell phone and its associated records indicated that she made no

attempt to text 0r call the decedent after the early morning hours of 04/22/2020 and made no attempt to

inform law enforcement or any other person that her husband was missing. In explaining her lack of

attempts to contact David Fouts, Katrina Fouts noted that she did not try to contact him because his

phone was at the house. She further indicated that an active protection order or no—contact order kept

her from contacting police because she feared David Fouts would be arrested for violating the order.

18. In addition, the web history on Katrina Fouts’ cell phone contained searches including “in the
39 (6‘
state of Indiana work with the bond be if someone were an‘ested for murder, 1n the state 0f Indiana

what evidence needs to be present in order to get an arrest warrant for murder,” “indiana homicide

laws,” “crime of passion law in indiana,” and “How to pass a lie detector test”. These searches were

made between 04/27/2020 and 04/28/2020. These searches were made after investigators conducted a

formal interview 0f Katrina Fouts on 04/26/2020.

19. I conducted that interview with Katrina Fouts at the Hamilton County Sheriff’s Office on

04/26/2020, which was a Sunday. During that conversation, Katrina Fouts told investigators that David

Fouts wanted t0 put Katrina Fouts on his life insurance before they were even engaged or married.

Katrina Fouts also said David Fouts had recently put her on his Fidelity 401(k) account.

20. During this interview, Katrina Fouts also discussed David Fouts having gone to rehabilitation for

alcohol, returning from the out—of—state treatment center in February 2020. She also alleged she had

endured mental and physical abuse by David Fouts. She also spoke about how she was charged With

false informing in Madison County in relation t0 a report of invasion of privacy by David Fouts which

she had made. A review of public court records reveals that Katrina Fouts was charged under 48H02—
1910—CM-002163 with False Informing, a Class B Misdemeanor, and entered a diversion program 0n 0r

about 03/03/2020.
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21. In this same interview on 04/26/2020, I asked Katrina Fouts again about the man she said had

come t0 her house looking for David Fouts. Katrina Fouts told me that the male told her David Fouts
was going to die because David Fouts had threatened the male’s life. Katrina Fouts provided a physical

description again, this time identifying the male as white, no less than six feet tall, wearing jeans and a

gray or blue top With long sleeves. She described him as clean cut with dark hair and a thin upper lip

and being stout and broad—shouldered with blue eyes. Katrina Fouts believed this man to have been in

his forties.

22. Based 0n Katrina Fouts” identification of the woman with whom David Fouts had an affair as a

possible person of interest, investigators were able to identify possible male persons of interest based on

their relationships with the female Katrina Fouts identified. During the female person of interest’s

interview with investigators, she denied that any 0f these males knew 0r had interacted with David

Fouts. Ultimately both the female and male persons 0f interest were ruled out as suspects in this case

through investigative measures, including interviews and a photo lineup.

23. In talking about the week before David Fouts was found deceased, Katrina Fouts recounted

David Fouts talking about killing himself. She said she left home to go to her father’s house in

Richmond (Wayne County, Indiana) but stopped her vehicle when she began to think about David

overdosing. She stated she then counted her medications to be sure they were all there and researched

how much of her medication it would take for David Fouts to overdose.

24. Investigators reviewing the data from Katrina Fouts’ cell phone recovered several web searches

made about overdosing on medication. Searches were made from Katrina Fouts’ phone for “can you

overdose on Lexapro,” “can you overdose on Riverrun [with spelling variation including remeron],” and

“Who can help me I’m afraid my husband is at risk for suicide by overdosing on medication.” These

searches were made between 1:07pm and 2:20pm 0n 04/10/2020.

25. During the same interview 0n 04/26/2020, Katrina Fouts described the weekend prior to David

Fouts being found deceased (04/1 8/2020 and 04/1 9/2020) as a beautiful weekend. She noted that up

until she left to see Terry Hopkins on 04/21/2020, David Fouts seemed completely peaceful and normal.

Katrina Fouts described how she and David Fouts had Carrie Gentry, who is Katrina’s daughter, and

Carrie’s daughter over for dinner on 04/1 8/2020. Carrie Gentry confirmed this dinner during an
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interview and further confirmed that David Fouts seemed just fine and as he usually was. Carrie Gentry

also stated she could not believe Katrina Fouts would not call her if Katrina Fouts did not know where
David Fouts was. Carrie Gentry additionally noted that she had communicated with Katrina Fouts after

David Fouts had disappeared, but Katrina Fouts made no mention 0f David Fouts. In a second interview

with Carrie Gentry, she expressed that she found it weird that Terry Hopkins would leave Glen Gentry

overnight to come see Katrina Fouts.

26. During the same interview with Katrina Fouts on 04/26/2020, she told investigators that on

04/21/2020 she got up around 6:45am. She noted that David Fouts was already awake, greeted her, and

poured her a cup 0f coffee. She indicated that David Fouts then returned to working in his home office.

27. Katrina Fouts then described how she had plans to see her father and Terry Hopkins later 0n

04/21/2020 but that her father decided he did not want to leave the house so Terry Hopkins would be

coming alone to spend time with her. Katrina Fouts described Terry Hopkins as a close family friend

Who is also a caregiver to Katrina Fouts’ father, Glen Gentry. Katrina Fouts explained that she told

Terry Hopkins to meet her at the country house because she did not want Terry Hopkins and David

Fouts getting in a fight. Katrina Fouts described a previous incident in Which David Fouts had become

upset with Terry Hopkins as the reason for meeting at the country house. Katrina Fouts indicated she

left Pendleton t0 meet Terry Hopkins around 6:00pm—7200pm 0n 04/21/2020. Katrina Fouts stated she

had Terry Hopkins meet her at a nearby grocery store in Pendleton, and Terry Hopkins then followed

her to the country house.

28. Investigators discovered that on 04/21/2020, Terry Hopkins made several purchases at a Harbor

Freight store in Richmond. Among the items purchased by Terry Hopkins at 3:56pm on 04/21/2020 are

microfiber cleaning cloths, duct tape, six-inch diagonal cutters, utility knives/box cutters, and cleaning

gloves. By 6:38pm on 04/21/2020, Terry Hopkins and Katrina Fouts are traveling t0 the county house

from Pendleton.

29. Katrina Fouts continued t0 explain in her interview 0n 04/26/2020 how she and Terry Hopkins
hung out most 0f the evening, and that she texted David Fouts two or three times that evening without

any response. Katrina Fouts and Terry Hopkins both fell asleep, and she ultimately returned home to

Pendleton around 3:00am or 3 :30am on 04/22/2020. Katrina Fouts noted that she and David Fouts slept
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in separate bedrooms, and when she returned home the inside garage door was open and the garage light

was on. Katrina Fouts stated she went straight to the bathroom, changed, let the dogs out, and then went

to sleep on the couch.

30. Katrina Fouts then discussed waking up around 7:30am on 04/22/2020. Katrina Fouts indicated

she looked for David Fouts after waking but did not locate him in the house. According t0 Katrina

Fouts, she decided that David Fouts had gone to seek mental health treatment. She explained that this

conclusion was based on David Fouts telling her she may want t0 contact his work and let them know he

may be going for help again. Katrina Fouts told investigators she was contacted by David Fouts’

employer to notify her that David Fouts had not logged into his work computer on 04/22/2020. Katrina

Fouts stated that she told David Fouts’ employer that she needed t0 arrange for his time off. Records

from David Fouts’ cell phone show a call was made to Greg France, David Fouts’ boss, on 4/22/2020 at

2:21pm. This call is consistent With Katrina Fouts’ statement that she called Greg France to let him

know David Fouts needed to take time off work.

3 1. Katrina Fouts then transitioned to talking about a hydraulic lift cart Terry Hopkins purchased for

her on 04/23/2020. She indicated that she and Terry Hopkins put the cart together that evening, and that

the lift was in the garage at the country house. Katrina Fouts also noted how Terry Hopkins had
returned to the Pendleton house on 04/23/2020 to get his glucose monitor, which he had left at the

Pendleton house. Katrina Fouts told investigators that Terry Hopkins went to the Pendleton house on

this date because it did not matter if David Fouts came home and that she was not going to keep her

family off her property.

32. During her interview on 04/26/2020, Katrina Fouts also told investigators she believed two

people had killed David Fouts.

33. On 04/30/2020, Sergeant John C. Campbell with the Indiana State Police conducted an interview

with Katrina Fouts. During the interview, Katrina Fouts told Sergeant Campbell that she did not cause

the death of David Fouts, that she was not involved in the death of David Fouts, and that she did not

know for sure who caused the death 0f David Fouts.

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34. Investigators reviewed cell phone and cell tower location data from the devices used by Katrina

Fouts and Terry Hopkins. From 1:40am t0 2:59am on 04/22/2020, Terry Hopkins’ phone goes dark and
provides no location data. That is, settings had been changed by the user of that device around 1:40am

so that the cellular device neither recorded nor reported location information. At 1:39am his phone is

located near a tower in Lapel, indicating he is at 0r near the country house. Katrina Fouts’ cell phone

continues to use the Lapel tower, near the country house, until 3:17am, when her phone uses the

Pendleton tower. At 2:47am, Katrina Fouts sends what is determined to be her last text to David Fouts:

“Hey honey my apologies, I fell asleep. I think Popz is going to be OK t0 drive he wants 0t make it

back because he doesn’t want to leave dad aloneall night I’ll see you within the hour 4736”.

Pop/Pops/Popz are Katrina Fouts’ nicknames for Terry Hopkins, and 4736 is believed t0 be a code
.

meaning “love forever and always.” With respect to Temy Hopkins being “OK t0 drive,” Katrina Fouts

had earlier texted David Fouts indicating that Terry Hopkins’ blood sugar was “wonky” and that she

wasn’t going t0 let him drive home until it leveled out.

35. Terry Hopkins’ phone resumes location data at 2:59am on 04/22/2020, and data shows him using

the Lapel tower. At the same time, Katrina is located at or near the country house as indicated by use 0f

the Lapel tower. A 24-second phone call takes place between Terry Hopkins and Katrina Fouts at
3:00am. Thereafter, a 17—second call takes place between the two of them at 3:01am. Then, at 3:17am,

GPS data from Katrina Fouts’ phone appears to be turned off. Her GPS remains off until 8:05am 0n

04/22/2020.

36. During the hours GPS was disabled 0n Katrina Fouts’ phone, she made a phone call to Terry

Hopkins at 3 : 1 8am, for 7 seconds, while Terry Hopkins was in Pendleton. Thereafter, Terry Hopkins

made a phone call to Katrina Fouts at 3 :19am, which lasted for 190 seconds. Terry Hopkins was still in

Pendleton.

37. At 4:39am on 04/22/2020, Terry Hopkins texts Katrina Fouts to let her know he made it back

home (which would be in Richmond, Indiana). This message was sent during the time Katrina Fouts’

phone GPS was off. As indicated above, Katrina Fouts’ GPS is turned back 0n at 8:05am on

04/22/2020. A text message is sent from Katrina Fouts t0 Terry Hopkins at 8:06am on 4/22/2020 which
reads “Hey good morning pops I just saw your message I'm glade you made home OK last night and it
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that dad was OK just know that I was gratefulfor the company and I'm sorry youdidn't feel well butI
know you and dad both have days like that and I hope today's a better dayyou're the best love your kid

from another mother”. At 8: 14am on 04/22/2020, the Lapel tower is being used by Katrina Fouts’

phone.

38. Investigators located surveillance Video from a residence on 196th Street which shows two cars

traveling south on Montana Road at 2: 15am and 2:17am 0n 04/22/2020. Montana Road runs north
from its t—junction with 196th Street, which is approximately five hundred feet west of the country house.

From there, Montana Road turns toward the northwest and then the west before connecting to

Cyntheanne Road, a more significant north-south artery in this part of Hamilton County, with

connections to Strawtown Avenue t0 the north and State Roads 32 (which connects Noblesville and

Anderson) and 38 (Which connects Noblesville and Pendleton) t0 the south.

39. Phone records show Terry Hopkins texted Katrina Fouts on 04/22/2020 at 5:28pm, and again on

4/22/2020 at 6:02pm, t0 tell her that he seems to have misplaced his glucose meter. At 6:08pm on the

same date, Katrina Fouts texts Terry Hopkins to let him know she found his meter. This text was sent

While Katrina Fouts was using the Pendleton tower. In ensuing text messages between 6:08pm and

6:17pm on 04/22/2020, plans are made for Terry Hopkins and Katrina Fouts t0 meet 0n 04/23/2020.

40. Several text messages are exchanged between Katrina Fouts and Terry Hopkins between 9:04am

and 11:25am on 04/23/2020. At 11:25am on 04/23/2020, Katrina Fouts texts Terry Hopkins to see if he

is still planning to come up that evening to retrieve his glucose monitor. She additionally expresses that

she doesn’t want him to have another episode like he did the other night. At 11:35am on 04/23/2020, a

113-second phone call occurs from Terry Hopkins to Katrina Fouts. After the phone call, Terry Hopkins

texts Katrina Fouts” “Yess. I’m being very careful with my intake” at 11:39am on 04/23/2020.

Katrina Fouts responds to Terry Hopkins at 11:44am t0 confirm their plans to meet in the evening after

she takes a nap.

41. Shortly after these text messages, at 12:10pm on 04/23/2020, Ten‘y Hopkins purchases two

8’4”X1 1 ’6” blue tarps and a 6400—lb. lifting slihg at Harbor Freight in Richmond, the same store in

which Terry Hopkins purchased a number of items 0n 04/21/2020. At 2:20pm 0n the same date, Terry

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Hopkins purchased a 24-pack of AA batteries, a 100—pack of 1 1—inch White zip ties, and a 500~lb

hydraulic lift cart at the Harbor Freight store in Muncie, Delaware County, Indiana.

42. At 2:49pm on 04/23/2020 Katrina Fouts texts Terry Hopkins to advise she is laying down for her

afternoon nap and should be up by 6:45pm. She further advises Terry Hopkins that she will call him

when she wakes up. At 3:56pm 0n the same date, Katrina Fouts makes a call to Terry Hopkins that lasts

eighty—two seconds. At 5:25pm 0n the same date, Katrina Fouts places a call to Terry Hopkins which

lasts 1,1 56 seconds, which is just over nineteen minutes.

43. Location data shows Terry Hopkins returned t0 Richmond after his purchase 0f the hydraulic lift

cart and other items in Muncie and remained there until 5:44pm on 04/23/2020. At 5 :44pm on

04/23/2020, Terry Hopkins makes a 227-second call t0 Katrina Fouts and is using a tower in Fountain

City, Wayne County, Indiana When he does so. Location data for Terry Hopkins then shows him using

towers in NW Webster, Fountain City, Hagerstown, and New Castle (each showing the progress of
traveling west from Richmond) before his use of a Pendleton tower at 6:56pm on 04/23/2020. Terry

Hopkins transitions to the Lapel tower at 7:21pm on 04/23/2020, and transitions back to Pendleton from

Lapel at 2:04am on 04/24/2020. Thereafter his path 0f travel takes him t0 Richmond, where his phone

uses a tower on the east side of Richmond at 3:39am. At 3:46am 0n 04/24/2020, Terry Hopkins texts

Katrina Fouts to let her know he made it home safe.

44. As for the whereabouts of Katrina Fouts 0n 04/23/2020, her phone is using the Lapel tower at

9:19am 0n 04/23/2020 and transitions to the Pendleton tower at 10:59am on that date. Katrina’s phone

continues to utilize the Pendleton tower until 2:33am 0n 04/24/2020, When her location shows near SRs

38 and 234 between Pendleton and New Castle. Then, at 2:59am, Katrina Fouts is again near the

Pendleton tower.

45. Investigators located surveillance Video from a residence on 196m Street. This video shows a

reddish four-door SUV, appearing similar to the red Nissan Rogue typically operated by Terry Hopkins,

driving westbound on 196th Street at 7:50pm on 04/23/2020.

46. At 12:53am and 1:30am on 04/24/2020, surveillance video captures a vehicle driving in the area

where David Fouts’ body was found off Overdorf Road, back and forth, approximately four times.

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47. At 6:44am on 04/24/2020, Terry Hopkins texts Katrina Fouts asking “R U available for a chat”.

At 8:30am 0n that date, Katrina Fouts responds Via text to Terry Hopkins and says, among other things,

“Thank you for topping off of my car fluids last night and taking care 0f some other things I needed help

With.”

48. Katrina Fouts’ phone indicates movement from Pendleton to the tower near the country house at

9:37am on 04/24/2020. At 11:35am on the same date, Katrina Fouts returns to Pendleton. She remains

in Pendleton until 6:44pm, and her location at that time is near Lapel/the country house. Terry Hopkins

remains in Richmond on 04/24/2020 after his return there at 3 :39am.

49. The body of David Fouts was discovered at approximately 3:33pm 0n 04/24/2020 by Jennie

Thomas while she was walking along Overdorf Road.

50. At 11:36pm on 04/24/2020, Terry Hopkins texts Katrina Fouts t0 tell her “I suffered a fall While

screwing around in the garage. .. I didn’t hit my head Ijust stumbled and fell forward. .. and hit my
chest. Major bruising on my chest where my loop recorder was taken out. I’m fine, Ijust 100k ugly!”

5 1. At 12:54am 0n 04/25/2020, investigators made contact with Katrina Fouts at her home in

Pendleton t0 make notification of David Fouts’ death. At 3:01am on that date, Katrina Fouts sent a text

message t0 Terry Hopkins: “Pops Hamilton County police were here they just informed me that they
found David's body and he's deceased. I can't breathe right now I can't believe this is even real. I'm

supposed t0 call the Detective back in the morning around 10 AM I am beyond devastated please don’t

say anything to dad I'm gonna have t0 tell him myself. I love you”. Terry Hopkins responded at 3 :04am:

“..my prayers are with you MKFAM”. Based on other text messages between Terry Hopkins and

Katrina Fouts, MKFAM is short for the phrase My Kid From Another Mother.

52. Investigators obtained search warrants for the residence in which Terry Hopkins was living in the

4700 block of South B. Street, Richmond, Indiana, and for the vehicles which Terry Hopkins owned or

had been using. One 0f the vehicles was a red Nissan Rogue; the other was a red Ford F—l 50. The red

Nissan Rogue was leased by David Fouts but used by Terry Hopkins personally and for transporting

Glen Gentry. While the search warrant was being executed on the residence and vehicles, Terry

Hopkins was transported t0 the Wayne County Sheriff’s Office.

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53. During the course 0f contact with Terry Hopkins, investigators noticed several injuries about the

body 0f Terry Hopkins. A search warrant was sought and granted for a search 0f the body 0f Terry
Hopkins. Digital images were taken of Terry Hopkins’ body, as was a sample 0f his DNA. These

images depict the injuries seen by investigators initially, as well as some which were underneath Terry

Hopkins’ clothing and were not Visible t0 investigators until removal of Terry Hopkins clothing during

execution 0f the search warrant. The injuries observed include a scratch with blood on it on the left side

of the nose, a large open wound on top of the right forearm, and open wounds about the back of both

hands. The scratches on the right hand appeared to be consistent With fingernail scratches. In addition,

Terry Hopkins had areas 0f bruising about his chest, upper torso, under his right arm, and in several

other places.

54. During execution ofthe search warrant for the red Nissan Rogue, investigators documented the

vehicle With photographs and collected several items of evidence. Among these items was a red handled

Pittsburgh brand box cutter/utility knife in a cardboard box With other tools in the rear storage area or

rear hatch area of the vehicle. Also located in the glove compartment 0f the red Nissan Rogue was a

two-way radio/walkie talkie. A matching two-way radio/walkie talkie was found in the center console
0f the red Volkswagen Tiguan driven by Katrina Fouts. When powered on, investigators determined the

two walkie talkies had been set to the same channel. These walkie talkies are compatible with AA
batteries.

55. Investigators also located a black mat in the red Nissan Rogue. Investigators had purchased the

same hydraulic lift that Terry Hopkins purchased, along with other items purchased by Terry Hopkins,

and the hydraulic life came with a black mat like that found in the red Nissan Rogue. Investigators‘did

not locate another black mat of this type during the investigation other than the one in the red Nissan

Rogue.

56. Numerous items 0f evidence were sent to the Indiana State Police Lab for analysis. The Indiana

State Police Lab examined the pink colored shirt found about the body of David Fouts (item 002), the

red handled Pittsburgh folding utility knife found in the Nissan Rogue (item 010), and a glass slide

mounted with fibers removed from the blade of the red handled Pittsburgh folding utility knife (item

010A). The report ofthe Indiana State Police Lab states:

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Affidavit for Probable Cause

The red utility knife in Item 010 was examined and a clump of fibers along With

numerous additional fibers were observed 0n the blade of the knife. This clump

and many of these fibers were mounted 0n a slide that became the sub—item Item

010A. The clump 0f fibers and assorted loose fibers in Item 010A were identified

as pink cotton fibers and colorless polyester fibers. These fibers from Item 010A

are Visually and chemically similar to the pink cotton fibers and colorless polyester

fibers used to construct the shirt in Item 002 and could have originated from the

shirt in Item 002 0r from any other source 0f pink cotton and colorless polyester

fibers that are visually and chemically similar t0 the fibers analyzed in Item 010A.

57. The Indiana State Police Lab also analyzed the pink colored shirt found about the body of David

Fouts for DNA. The Indiana State Police lab confirmed the presence 0f human blood and retained

seventy-four samples from the shirt as item 002A. With respect to item 002A1 5, which is a cutting from

the shirt found about the body of David Fouts, the report of the Indiana State Police Lab states:

The DNA profile was interpreted as a mixture 0f two individuals. David Fouts

was assumed as a contributor. Katrina L. Fouts is excluded as a contributor. The

DNA profile is 1,400 times more likely if it originated from David Fouts and Terry

W. Hopkins than if it originated from David Fouts and one unknown, unrelated

individual. Statistical analysis provides moderate support for the inclusion of

Terry W. Hopkins.

58. With respect t0 items 002A16 and 002A17, which are two other cuttings from David Fouts’

shirt, the report of the Indiana State Police Lab states:

The DNA profiles were each interpreted as originating fiom a single individual.

Each DNA profile is at least 1 trillion times more likely if it originated from Terry

W. Hopkins than if it originated from one unknown, unrelated individual. Each

statistical analysis provides very strong support for the inclusion 0f Terry W.
Hopkins.

59. With respect to another cutting identified as item 002A1 8, the report of the Indiana State Police

Lab states “the DNA profile was interpreted as a mixture of three individuals. The probability 0f the

evidence has been calculated by considering multiple propositions. David Fouts was assumed as a

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Affidavit for Probable Cause

contributor.” In considering Katrina L. Fouts as a contributor, the report states “the DNA profile is 32
times more likely if it originated from David Fouts and two unknown, unrelated individuals than if it

originated from David Fouts, Katrina L. Fouts, and one unknown individual. Statistical analysis

provides limited support for the exclusion of Katrina L. Fouts.” In considering Terry W. Hopkins as a

contributor, the report states “The DNA profile is at least 1 trillion times more likely if it originated from

David Fouts, Terry W. Hopkins, and one unknown individual than if it originated from David Fouts and

two unknown, unrelated individuals. Statistical analysis provides very strong support for the inclusion

0f Terry W. Hopkins.”

60. With respect to a shirt cutting identified as item 002A19, the report of the Indiana State Police

Lab states “the DNA profile was interpreted as a mixture of two individuals. The probability of the

evidence has been calculated by considering multiple propositions. Katrina L. Fouts is excluded as a

contributor.” In considering David Fouts as a contributor, the report states “the DNA profile is 35 times
more likely if it originated from David Fouts and one unknown individual than if it originated from to

unknown, unrelated individuals. Statistical analysis provides limited support for the inclusion 0f David

Fouts.” In considering Telry W. Hopkins as a contributor, the report states “The DNA profile is at least
1 trillion times more likely if it originated from Terry W. Hopkins and one unknown individual than if it

originated from two unknown, unrelated individuals. Statistical analysis provides very strong support

for the inclusion of Terry W. Hopkins.”

61. With respect to a shirt cutting identified as item 002A32, the report 0f the Indiana State Police

Lab states:

the DNA profile was interpreted as a mixture oftwo individuals. David Fouts was

assumed as a contributor. Katrina L. Fouts is excluded as a contributor. The DNA

profile is at least 1 trillion times more likely if it originated from David Fouts and

Terry Hopkins than if it originated from David Fouts and an unknown, unrelated

individual. Statistical analysis provides very strong support for the inclusion of

Terry W. Hopkins.

62. The Indiana State Police lab also analyzed the gun sling found about the body of David Fouts.

The Indiana State Police lab confirmed the presence 0f human blood and hair demonstrating

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Affidavit for Probable Cause

characteristics not consistent with human hair. Two samples from the gun sling were retained as item

003A. With respect to item 003A1, the Indiana State Police lab report states “the DNA profile from the
sample of the staining on the gun sling was interpreted as originating from a single individual.

Assuming David Fouts as a contributor, no additional alleles were detected.” With respect to item

003A2, the Indiana State Police lab report states “the DNA profile from the back 0f the gun sling was
interpreted as a mixture of two individuals. Assuming David Fouts as a contributor, the mixture

contains an unknown individual. Katrina L. Fouts and Terry W. Hopkins are excluded as contributors to

the mixture.”

63. The Indiana State Police lab also analyzed the hydraulic lift cart. The Indiana State Police lab

confirmed the presence of human blood and retained two samples 0f the staining as item 008A. With

respect to item 008A1, the report of the Indiana State Police Lab states “the sample 0f the staining

demonstrated an insufficient quantity of DNA for further analysis.” With respect t0 item 008A2, the

report of the Indiana State Police Lab states:

the DNA profile from the sample of the staining was interpreted as originating

from a single individual. The DNA profile is at least 1 trillion times more likely if

it originated from Terry W. Hopkins than if it originated from an unknown,

unrelated individual. Statistical analysis provides very strong support for the

inclusion of Terry W. Hopkins.

64. Based on witness statements and items of evidence examined, the last date David Fouts was

known to be alive to investigators was 04/21/2020. David Fouts communicated with a coworker named

Mona Suresh Sturgis on 04/21/2020 between 6:50pm and 7:15pm., Which is several hours after Terry

Hopkins purchased microfiber cleaning cloths, duct tape, siX—inch diagonal cutters, utility knives/box

cutters, and cleaning gloves at the Harbor Freight store in Richmond.

65. In an autopsy report dated 09/09/2020, forensic pathologist Dr. Thomas J. Sozio identified the

cause of death as homicide by unspecified means and the manner of death as homicide. Dr. Sozio noted

the decedent’s livor mortis not matching the position in which the body was found, the suspected tape

residue around the decedent’s ankles and wrists, the superficial incised wounds from a sharp instrument

on the left hand, three abrasions on the right foot which can be indicative of a dragging type injury, and

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Affidavit for Probable Cause

mushrooms in the decedent’s stomach contents Which were identified as Leucocybe connatum as the

bases for the cause and manner of death.

66. On 05/26/2020, Katrina Fouts called me in the evening hours. During the conversation Itold

Katrina Fouts that she had to know, at that point, that we knew she had killed David Fouts. After a few

moments 0f silence, she said “I know.” Ithen told her we just don’t understand why it happened, and

she replied, “I know.” I asked her if she had thought about how she was going t0 tel] her children. She

replied that she had, and said she wanted to have them meet with her and me at the Sheriff” s Office and

we could tell them together.

67. Katrina Fouts has called me numerous times since I first made contact With her on 04/25/2020.

During several of our conversations, Katrina Fouts expressed her gratitude that investigators were

allowing her time to tie up loose ends and t0 get her ducks in a row so she did not have those things

hanging over her head. Among the loose ends Katrina Fouts discussed were getting the house sold,

getting home health care for her father and getting her father moved closer to family so he would be safe

and cared for, getting the cats moved to the care of others, and getting her greyhounds moved t0 new
forever homes. Katrina Fouts also told me several times that she was not going anywhere, and that

when the time came she would turn herself in. In a phone call with me 0n June 10, 2020, as Katrina

Fouts proposed meeting with me alone to talk off the record, she stated: “I can’t go in there and do What

I gotta d0 until I got everything taken care 0f. And you know that.”

I hereby swear or affirm under penalties of perjury as specified under Indiana Code § 35-44. 1 —2-1 that

the foregoing representations are true to the best of my knowledge and belief.

Dated this (a mday 0f September 2020.

Detective G ockhart
Hamilton County Sheriff’s Office

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