The (Norfolk) Virginian-Pilot said Thursday that General District Court Judge David L. Williams ruled Wednesday that Boucher, 57, could face two felony charges in relation to his Oct. 24, 1982, escape from a Virginia correctional unit.
Boucher was captured thanks to a tip in May that Boucher and his wife Debbie were living in Georgia under the names Eric and Diane Coleman.
Boucher stands accused of assaulting Cpl. Clair Axtell, a guard at Tidewater Correctional Unit #22, during his 1982 escape with fellow inmate Eddie Bryan. Boucher was imprisoned on robbery charges at the time.
Attorney Heather Crook, who is representing Boucher, denies her client struck the guard during the escape.
Byron was recaptured in 1983 following a driving under the influence stop in Georgia.
The Virginian-Pilot said Debbie Boucher pleaded innocent in Superior Court in Murray County, Ga., on Wednesday. She stands accused of hindering the apprehension of a criminal, the newspaper said.