AZTEC — Aztec High School's star running back was suspended from school Monday following allegations that he raped a 13-year-old girl in April, said his attorney, Vic Titus.

Aztec Municipal School officials remained tightlipped Thursday and refused to comment on potential disciplinary actions taken against Cody Foutz, 18, of Aztec. Officials said they were not at liberty to discuss student issues with the media.

"I can't comment on any of that," said Rick Espinoza, dean of students for Aztec High School. "I can't speak to this issue at all."

Titus said his client is on temporary suspension from school, noting the duration of the suspension will be determined when Aztec High School officials conduct a hearing on the matter.

Foutz was charged April 29 with criminal sexual penetration, a second-degree felony that carries a maximum penalty of 15 years imprisonment, according to court documents. Although second-degree felonies typically carry a maximum sentence of nine years imprisonment, the penalty is raised to 15 years when the offense is sexual and involves children.

Foutz waived his arraignment June 26 in District Court and pleaded not guilty to the charge, court documents state.

Titus said he is optimistic about the outcome of Foutz's case.

"We expect the case will be disposed of with a non-sex offense disposition," he said. "Mr. Foutz doesn't pose a danger to any of the students. Hopefully he will be back in school soon.


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In a letter written by Foutz's aunt, Debbie Foutz, to Aztec Municipal Schools Assistant Superintendent Ken Lyons, Debbie Foutz praised the high school's decision to discipline her nephew.

"Cody is not hated in our family and we do not want bad things to happen to him," the letter states. "He needs to be held accountable for what he has done and he needs to get help so that this kind of thing does not happen again. Keeping things secret and sweeping it under the rug' helps no one."

Foutz, who led the Aztec Tigers to victory Sept. 8 and scored 22 unanswered points against Durango during the second half of the game, admitted to Farmington police officers that he had sex with the girl, a police report states. Although the girl claimed the act was not consensual, Foutz told detectives that it was.

Regardless, Foutz is 18, which would make sexual intercourse with a 13-year-old a criminal act with or without consent.

When interviewed by police, Foutz waived his Miranda Rights in the presence of his father and detectives, a police report states.

Farmington police detectives responded to the allegations May 1, after being called to San Juan Regional Medical Center in response to a reported rape, a police report states. At the hospital, officers learned that Foutz reportedly raped the 13-year-old girl.

A physical examination of the young girl at San Juan Regional showed that she was the victim of forced intercourse, the police report states.

The girl later told detectives about the incident, which reportedly occurred when she and Foutz were alone together in a Farmington apartment around midnight April 29, court documents state.

When detectives interviewed Foutz, he admitted to the act, police said.

"He appeared to be very troubled and upset by what he had done," the report states. "He was apologetic and knew what he had done was wrong."

Foutz is scheduled to appear in court Sept. 25 for a pretrial hearing, in which his attorney could try arguing for lesser charges and/or a trial date could be set.

Rhys Saunders: rsaunders@daily-times.com