Charles City man pleads guilty to burglary, assault on a deputy

By Bob Steenson, bsteenson@charlescitypress.com

A Charles City has pleaded guilty to several charges including burglary, assaulting a deputy and criminal mischief in a plea agreement that would sentence him to 30 days in jail and several years of probation.

James Ray Foster Jr., age 52, had been  charged with first-degree burglary, a Class B felony; first-degree criminal mischief, a Class C felony; assault on a sheriff’s deputy, a Class D felony; assault while displaying a dangerous weapon, an aggravated misdemeanor; and operating while under the influence first offense, a serious misdemeanor.

Last week in Charles City District Court, Judge Chris Foy accepted guilty pleas for four of the charges and agreed to dismiss the assault with a dangerous weapon charge.

The burglary charge was reduced to a Class C felony and the charge of assault on a peace officer causing bodily injury was reduced to an aggravated misdemeanor.

Foy accepted Alford pleas on the burglary and criminal mischief charges, and Foster filed written pleas of guilty on the other two charges.

An Alford plea means the defendant agrees that the prosecution has enough evidence to likely convince a jury of his guilt beyond a reasonable doubt, but he does not admit guilt. The criminal record impact is the same as pleading guilty.

As part of the plea agreement, the Floyd County Attorney’s Office will recommend that Foster be sentenced to up to 10 years in prison on both the burglary and criminal mischief charges, fully suspended; be placed under three to five years probation; pay a total of $2,750 plus 15% surcharge in fines; be placed in Beje Clark or a similar residential facility until maximum benefits are achieved; and pay restitution.

On the assault charge, the recommendation is that Foster be sentenced to 30 days in jail; a $855 fine plus surcharge, suspended; and on the OWI charge the recommendation is that he be sentenced to two days in jail and pay a $1,250 fine plus 15% surcharge.

According to documents filed in Floyd County District Court, on July 12 Foster drove a 2001 Chevrolet Impala into a house s​​outhwest of Floyd, and then into another building on that property. The documents say a sheriff’s deputy made contact with Foster at his residence and Foster allegedly charged the deputy “in an aggressive manner with intent to inflict serious injury.”

The documents said the amount of damage Foster allegedly caused was in excess of $10,000.

Foy set a sentencing hearing for Feb. 6 in Floyd County District Court.