Judge rejects suspect's plea deal after injured deputy's statement

A Huerfano County District Court judge recently rejected a defendant's agreement with prosecutors for probation after a deputy injured in the suspect's highway pursuit described his debilitating injuries as a "life sentence."

Prosecutors with the 3rd Judicial District Attorney's Office offered defendant Travis Foutch a deferred sentence and probation, according to a Facebook post from the Huerfano County Sheriff's Office, at an April 13 hearing. The sheriff's office did not provide further detail about the agreement, particularly which charges Foutch would agree to plead guilty to, and the lengths of the proposed sentences.

Judge J. Clay McKisson declined the proposed agreement after former Huerfano Deputy Scott Eckhardt's statement to the court. Eckhardt expressed his disappointment in the plea deal, saying the life-long impacts of his injuries to he and his family would never be "deferred." 

"There is never going to come a day for me where I get to walk away from this like nothing ever happened and my life will go back to the exact same as it was before he committed the actions he did that night," Eckhardt's statement read. "I, the victim of his criminal and self-centered actions that night, will serve a life sentence for his utter and complete disregard for my life." 

Eckhardt was injured May 3, 2021, when Foutch's vehicle collided with the deputy's patrol cruiser on Interstate 25. Several police agencies were involved in the early morning pursuit of Foutch. An online fundraiser for the Eckhardt family's medical expenses stated the deputy's injuries were a result of Foutch driving into oncoming traffic on the interstate and intentionally turning into the patrol cruiser.  

Eckhardt said he suffered a Traumatic Brain Injury from the collision. He told the court he still suffers loss of cognitive function, short-term memory, and loss of taste, smell and eye function. 

Eckhardt told the judge he was forced to medically retire from the sheriff's office in January due to the extent of his injuries.

"I now better understand first-hand the frustrations that victimized individuals have with the justice system in this county. I understand now why they don't speak up or don't report what happens to them, or if they do why they feel that no one cares about them," Eckhard continued. "What message does this send to those that would harm others, including the officers here to protect this community, in Huerfano? That there are no real consequences to face even if you tried to kill an officer." 

Foutch was charged with nine counts, including assault and eluding. Six of the charges are felonies. Foutch previously pleaded not guilty to all of them. 

The 3rd Judicial District Attorney's Office has not responded to several requests for comment from CBS News Colorado.  

Foutch is scheduled to appear before Judge McKisson for a status conference on May 25.