ANDERSON -- A little over a month after Marquis A. Foard was released from prison for committing armed robbery, he’s back behind bars, accused of shooting two people — one in the head — early Sunday during a dispute at an Anderson nightclub.

Foard, 22, Anderson, made an initial court appearance Tuesday, but no charges have yet been filed. Madison County Magistrate Stephen Clase approved a request from prosecutors for an extra three days to file formal counts. According to court documents, he’ll likely be charged with attempted murder, a Class A felony punishable by 20 to 50 years behind bars if he’s convicted.

Foard is being held in jail on $35,000 full-cash bond.

According to a probable cause affidavit:

Police were called to Club 765, 1637 Nichol Ave., at about 3 p.m. Sunday after receiving calls about a possible shooting. When they arrived, they found Stevaughn Fuller, 20, Anderson, suffering a gunshot wound to the head, and 24-year-old Andrea Mitchell wounded in the stomach.

During the investigation, detectives learned there had been some type of altercation between Foard and Fuller’s sister, Stasia Fuller, while they were on the dance floor. Stevaughn Fuller went to help his sister, but Foard pulled a .40-caliber handgun from his waistband and began firing.

Wounded, Stevaughn Fuller began crawling away, but Foard walked up to him, pointed the gun at him and began kicking him in the head. Foard then ran out of the crowded club, but the shootings were recorded by the bar’s video surveillance system.

Witnesses were able to identify Foard. He admitted to being on the dance floor, but denied shooting either Fuller or Mitchell or seeing anyone open fire. He was arrested at about 2 p.m. Monday at the Police Department.

Detective Joel Sandefur, department spokesman, said both Fuller and Mitchell remain at Methodist Hospital in Indianapolis.

“I understand her condition has improved a lot,” Sandefur said late Tuesday.

“And when he (Fuller) got shot, they said it would be about 48 hours before they’d really know whether he’s improving or not.”

Foard’s arrest isn’t his first. He was on probation through Madison Superior Court 1 for armed robbery. Judge Dennis sentenced Foard to six years in prison and two on probation in March 2006 after Foard pleaded guilty to the Class C felony. With Foard’s guilty plea, a Class D felony count of intimidation was dismissed.

According to court documents in that case, Foard robbed a teen at gunpoint of $100, his watch and some marijuana in March 2005. Foard was arrested the next day.

Superior Court 3 officials said Foard was released from prison April 2, and has about two years remaining on his probation. A probation revocation hearing has not yet been set.