Bay Area cop charged with distributing explicit photos of estranged wife without consent

"James Fotherby, 43, faces one count each of invasion of privacy and distribution of a private image causing emotional distress. Both counts are misdemeanors, with maximum punishment of six months jail for each. On Dec. 1, the Napa County District Attorney's Office added a special allegation based on the victim's status as a domestic partner. It calls for a probation term of at least 3 years."

"Fotherby has pleaded not guilty to both counts, and denied the special allegation. Neither he nor his attorney, Napa-based Laina Chikhani, responded to text messages this week. Fotherby has been on paid administrative leave from the Sheriff's Office for two months or more, according to Henry Wofford, the agency's public information officer. Any further investigation will be handled by the Napa Police Department, which has jurisdiction in the case, and by the District Attorney's Office office."

"We're aware of the situation, Wofford said. We want to make sure that the person has the privacy they deserve, and make sure it's a matter addressed in court rather than in public. It's very important to get the factual information and to hear both sides before coming to any conclusion. Fotherby and his wife are currently in divorce proceedings, which he initiated Aug. 4. The Press Democrat is not naming her because she is the reported victim."

"Napa Police Department Detective Dustin Dodd filed an arrest/complaint form Sept. 26 noting that, From 2023-2025, James Fotherby distributed nude and explicit images of his wife without her permission. He admitted to doing so in text messages and in a pretext phone call. A pretext call refers to a phone call initiated by the victim, usually under the supervision of a law enforcement officer, and recorded to gather evidence."

James Fotherby, a 43-year-old Napa County sheriff's deputy, faces one count each of invasion of privacy and distribution of a private image causing emotional distress. Both counts are misdemeanors carrying up to six months in jail apiece. The Napa County District Attorney added a special allegation based on the victim's status as a domestic partner, which triggers a probation term of at least three years. Fotherby pleaded not guilty and denied the special allegation. He has been on paid administrative leave for two months or more. The Napa Police Department and the District Attorney's Office will handle further investigation. Detective Dustin Dodd's arrest form alleges Fotherby distributed nude and explicit images of his wife from 2023 to 2025; he allegedly admitted this in text messages and a recorded pretext call. The wife is the reported victim and is not being named; the couple are in divorce proceedings initiated by Fotherby on Aug. 4.

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