ORMOND BEACH, Fla. – The victim in this disturbance wasn’t home when it started, but he called 911 when it “escalated into being physical” and “informed the call-taker the door was open and for responding units to make entry to assist.”
The victim “was at work and received a call from his HOA (homeowner’s association) that” his live-in stepson, James Fouty, “was in and out of the residence” in Florida on Nov. 22.
He “returned home to check on Fouty and discovered Fouty to be covered in blood,” the arrest report said.
Then, Fouty went to his bedroom and started screaming, his stepfather “got a soda from the fridge,” and the situation turned physical.
“Fouty exited the bedroom and threw a glass object at [the stepfather],” the arrest report said. “The glass object missed, bounced on the counter of the kitchen, and then broke when landing on the floor.
“Fouty returned to his bedroom and [the stepfather] followed to further check on Fouty. [The stepfather] noted that Fouty had been on a narcotic-induced bender for several days and had not slept.”
But apparently he had energy.
“[The stepfather] heard the window break from the bedroom, and went to check on Fouty,” the arrest report said. “[The stepfather] had to force open the door to Fouty’s room as it was barricaded shut with items from the bedroom. [The stepfather] was able to open the door just enough to stick his arm in, and remove some of the items blocking the door, to check on Fouty. With [the stepfather’s] arm in the door still, Fouty slammed the shut and caused a laceration and abrasion.”
The stepfather got inside and told sheriff’s deputies, “Fouty was acting very abnormal as like a ‘jumping cricket,’ and screaming and yelling towards [the stepfather].”
Then, Fouty was “physically swung at [the stepfather],” and afraid of getting hit, “grabbed onto Fouty to secure Fouty down, and wait for help to arrive.
“While [the stepfather] was holding Fouty secured, Fouty bit [the stepfather] on the arms, causing the skin to break and [the stepfather] to actively begin bleeding. During the struggle, Fouty also managed to cause injuries to [the stepfather’s] forehead and lips.”
The stepfather told authorities “he wished to pursue criminal charges” against Fouty, who gave “broken and different accounts of the incident,” deputies say.
Fouty claimed his stepfather “broke down the door and began yelling at Fouty for an unspecified reason,” which scared Fouty and caused him “to fall back into the bedroom window, breaking it.
“Fouty also stated another version where [the stepfather] comes into the bedroom and immediately climbs on top of Fouty,” the arrest report said. “During this account, Fouty noted the items inside the bedroom were all broken by [his stepfather].”
A deputy described the damage, writing, “Numerous shards of glass were spread around,” and it was “consistent with an item being broken in the area and spread around due to an altercation.
“Fouty’s room was completely destroyed and had numerous items thrown about.” Also, “Items of bedding were outside the residence and a pillow hanging on the broken window. There was [sic] also items areas of blood inside the bedroom as well as fecal matter throughout.
“There was blood noted to be all throughout the hallway where the altercation ended when deputies arrived. The scene appeared to be as [the stepfather] depicted the events.”
Both Fouty and his stepfather were hurt. Paramedics showed up, but Fouty – despite having a bloody nose – “refused any medical treatment; however, [the stepfather] was bandaged up.”
Authorities determined Fouty “to be the primary aggressor,” while the stepfather acted “as any normal father would, wanted to check on his son to make sure he (Fouty) is okay.”
Also, “The stepfather did enter Fouty’s bedroom; however, it was out of good faith to make sure Fouty is not a harm to himself,” the deputy noted, as well as “[the stepfather] having to protect himself by securing Fouty.”
Fouty was charged with domestic violence assault and with battery. Both are misdemeanors.
He was taken to the hospital and then jail. It was the third time he was taken from a crime scene to the hospital, and then to jail.
This first happened after his girlfriend said she wanted to break up with him, and their argument turned physical on the evening of Sept. 29, 2021. He’d also be charged with battery on a police officer before the night was over.
Officers arrived and separated the two.
“James became very upset” and “threw a glass [of] water against the wall,” the arrest report said. “[The girlfriend] advised she told James to leave and James set on the edge of the bed and begin to cry.”
But soon, “James began packing up his belongings and threw his bag at her. [She] then went around to her side of the bed to get her phone, which made him even angrier. [She] advised James lunged across the bed to grab the phone out of her hand. [She] advised she struggled to keep her phone when he reached over her shoulder and grabbed her hair and threw her across the bed. [She] advised she fell to the ground by the window and advised she hit her left thigh on the nightstand. [She] advised as she laid on the ground, James was standing over her, yelling at her and threatening to call her parents. [She] advised James was also threatening to hurt her.”
There was more arguing and the girlfriend told cops “James then threw his bag at [her] again and ran towards her. [She] advised James tackled her into the closet. [She] grabbed onto James to try and push him off of her. [She] advised James grabbed her by the hair and yanked her out of the closet, which caused some of her hair to be ripped out of her head.
“[The girlfriend] advised at this point, James was on top of her, yelling and punching her with a closed fist all over her body. [She] then curled up and tried to protect herself and use her arms to cover her head. [She] advised as she was trying to get away, James hugged her tightly as if he loved her. [She] advised she then sat on the floor in front of the bed with James for a few minutes. [She] advised James begin to cry when he saw her injuries and began to hug her and apologize. [She] advised she began talking to James to try and get him to calm down. [She] advised James then took a shower,” and she used that opportunity to message a friend about what happened, and to call the police.
But the situation wasn’t over.
The arrest report said the girlfriend “called James’ dad [and] James became upset by this and grabbed a piece of broken glass, and began slicing his left wrist. [The girlfriend] advised she rushed over to get the glass away from him and grabbed a cloth to wrap around his wrists. [She] advised she waited for the police to show up.
“[The girlfriend] had visible red marks to her face and wear her hair was ripped out. She also had multiple minor lacerations to her thighs as a result of wrestling on the ground with the broken glass.”
Sheriff’s deputies arrived and one wrote, “James advised he was having a bad night, but was better now. James advised he had been going through a rough time and it all came out tonight.
“James could hear [the girlfriend] talking to officers in the other room and began yelling,” the arrest report continued. “James began yelling racial slurs to [a sergeant] as [the sergeant] and I attempted to detain James in handcuffs. As [the sergeant] was reaching to grab James, [he] struck [the sergeant’s] hand away with an open-handed slap. As officers were attempting to detain James, he then jumped up and lunged towards [the sergeant]. James wrapped his arms around [the sergeant] in an attempt to tackle [the sergeant.] [The sergeant] then took James to the ground and held him there till he was secured in department-issued handcuffs. James was then sat upright till he was checked out by [the] Ormond Beach Fire Department.”
Then, outside, “James became hostile and attempted to break free of [the sergeant] and myself. James attempted to pull away from officers and was then set on the ground. As the Ormond Beach Fire Department attempted to check James’ lacerations, James attempted to pull away from officers. James then attempted to try and stand up and pull away. Officers then placed James up against a vehicle, to which James began yelling and smacked his head on the vehicle.
“James was an escorted to the grass to try to get James to stop hurting himself. James told officers that he was affiliated with the Aryan Brotherhood and that neither [the sergeant] nor [another officer] was safe, and to watch their backs. While [the sergeant] and [the officer] were restraining James, James kicked [the officer] in the chest with the bottom of his foot. James told officers that their families were not safe either, and that he always remembers people’s faces. James told officers that he would be back to the apartment to hurt [the girlfriend].”
They took Fouty to the hospital and then to jail, where the deputy wrote, “James made threats to me to find me after he got out, and beat me up.”
The girlfriend said she didn’t want to pursue criminal charges, but the officers had a different opinion.
Fouty spent 11 days in jail, and prosecutors decided not to pursue charges of assault on a law enforcement officer or battery. In March 2022, he pleaded no contest to battery on a law enforcement officer, threats against a law enforcement officer, and resisting without violence.
James Fouty's Violation Report, Jan. 16, 2024 by Lenny Cohen on Scribd
Fouty was sentenced to two years of probation, along with court costs, and he almost made it. His probation was scheduled to end on March 16, 2024, but Fouty violated it by failing a drug test on Jan. 10. His urine tested positive for marijuana. He also owed money, failing to pay the “cost of supervision,” and court costs.
Fouty was arrested shortly after and documents say he made his first court appearance in the hospital.
Admission of Violation of Probation, Feb. 6, 2024 by Lenny Cohen on Scribd
A week later, he admitted violating his probation, and the judge extended it. Fouty was released from jail, and the case involving his ex is now closed.
Fouty wasn’t wearing pants when he was arrested for trespassing at Daytona Beach International Airport on Jan. 30, 2024, which coincided with his probation violation.
The arrest report said at about 3 a.m., “Airport security personnel advised while monitoring the airfield cameras, they observed a person jump the airfield fence [and he] was observed walking around on the airport property inside the perimeter fence.”
Authorities noted, “The airfield was surrounded by a chain link fence with barbed wire and razor wire positioned on top of the fence. The fence was posted with ‘No Trespassing’ signs.”
Daytona Beach officers found Fouty and said he had “fresh cuts on his hands and legs, and was not wearing pants.”
Then, he reportedly “stated he jumped the fence [in an area] consistent with the security footage recorded. … Fouty also stated his pants got stuck on the fence when he jumped over it. Fouty stated he jumped a total of three fences. [A deputy] and airport personnel searched the area near where Fouty stated he jumped the perimeter fence, and did not locate his pants.”
Paramedics treated him at the airport. Then, he was taken to the hospital for further further evaluation, and he spent a week in jail.
Fouty was charged with trespassing in an operational area of an airport but he didn’t show up for his March 19 arraignment, and was arrested on another warrant on Aug. 11.
Fouty lawyer’s Motion to Dismiss, Aug. 12, 2024 by Lenny Cohen on Scribd
His lawyer quickly followed that up with a motion to dismiss the case, but that didn’t happen, and the airport case is still open.
After the fight with his stepfather, Fouty, 32, was booked and his bond was set at $5,000. He has neither paid it nor been released, and was ordered to have no contact with his stepfather should he be released before trial.
The arrest report did not mention anything about Fouty’s mother, who would be his stepfather’s wife.
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