Published: November 27, 2007 02:31 pm      

Five of six Nabb meth lab suspects charged in case

Sixth suspect expected to be charged today

Five of the six people arrested for allegedly being involved in a Nabb methamphetamine lab have been charged with felonies, and the other is expected to be charged sometime Tuesday.

Clark County Deputy Prosecutor Bob Bottorff is handling the cases against James A. Fouts, 44, Dora L. Vibbert, 36, Daniel Stoner, 42, Timothy L. Webster, 34, Billy Jo Smith, 36, and Travis D. Smith, 18. Billy Smith had her rights read in court recently, and is expected to be formally charged Tuesday, Bottorff said in a telephone interview Monday. All six defendants were arrested Nov. 9.

"Everything is progressing normally," Bottorff said. "The reason for some of the delays was first we needed to let the [Indiana State] police finish their meth lab inventory, and then the rest is to accommodate the schedules of the defense attorneys."

The night of the suspects’ arrest, a Clark County Sheriff’s Deputy had information that Fouts was dealing in meth for over two months out of Stoner’s residence on the 24000 block of Ind. 62, according to a probable-cause affidavit filed in Clark Superior Court No. 2. When deputies arrived to arrest Fouts, he tried to run away from them, records say.

Once inside, the officers saw a number of materials used for making meth, bags of marijuana, pipes with meth residue, and purses and other personal property belonging to all those arrested.

Fouts, Stoner, Webster, Travis Smith, and Vibbert were each 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. They also were charged with two class A misdemeanors — possession of marijuana and possession of paraphernalia. Stoner was charged with the D felony maintaining a common nuisance, and Fouts, Stoner, Webster, Travis Smith, and Vibbert were all indicted on B misdemeanor visiting a common nuisance.

It is likely Billy Smith will face the same or similar charges, Bottorff said. In addition, she may also face additional charges for possessing the painkiller Oxycontin and the narcotic sleeping aid Ambien without proof of valid prescriptions, and possession of a concealed knife with automatic blade, according to a police report.

Fouts’ attorney, Bart Betteau of New Albany, said in a recent telephone interview that he and his client maintain his innocence. Jeffersonville attorney Andrew Adams, who represents both Smiths, said recently it was too early to comment on the situation. Stoner indicated at his initial hearing Nov. 21 that he plans to hire an attorney, but one was not listed in court records as of publication deadline Monday. A public defender is to be appointed in both Vibbert and Webster’s cases.

Webster, Stoner, Vibbert, and Travis Smith are all incarcerated at Michael L. Becher Adult Correctional Complex on a $25,000 court-cash bond. It would take approximately $2,500 for each of them to be released from custody. Billy Smith and Fouts were released on bond.

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.