Folkes was charged Jan. 17 with assault and strangulation, both felonies, and resisting arrest and operating a vehicle while impaired, both first-degree misdemeanors, after an altercation that started when Hamilton police officer James Carpenter attempted to place him under arrest.
Folkes has been in jail since that time, unable to make bond because he could not work, he had told the judge. Folkes is a contractor for a cleaning and restoration services company.
On Tuesday, Folkes asked for an OR bond, saying it was reasonable because of his inability to make money as an independent contractor.
After a lengthy discussion among the defense, prosecution and Community Behavioral Health, CBH, which Folkes had received services from previously, Haughey agreed on the OR bond with a GPS ankle monitor, driving restrictions, and an order to stay away from the officer.
On Jan. 17, Folkes was pulled over on Ohio 4 near the Butler County Fairgrounds for a busted headlight and an inoperable license plate light, according to a police report. After conducting a field sobriety test, Carpenter indicated there was “an odor similar to burning marijuana,” and the officer attempted to place Folkes under arrest.
Folkes allegedly resisted, and a struggle ensued in which the defendant grabbed the officer’s radio and placed him in a chokehold, the report said.
Folkes’ bond was originally $75,000 before his case was bound over to the Butler County grand jury. Haughey lowered it to a $50,000 cash or surety bond, then to a Ten Percent bond.
Haughey was reluctant to lower the bond earlier because of the seriousness of the charges, even though Folkes has neither a violent history nor felony history.
The Journal-News requested the officer’s body-worn camera footage, but Hamilton police denied the request, citing state law.
“An act of severe violence resulting in serious physical harm against a correctional employee, youth services employee, peace officer, firefighter, paramedic, or other first responder, occurring while the injured person was engaged in the performance of official duties, unless, subject to division (H)(1) of this section, the consent of the injured person or the injured person’s guardian has been obtained.”
During the struggle between Folkes and Carpenter, the officer said the defendant put him in a chokehold. The pressure was tight enough where Carpenter said he saw “stars.”
The Journal-News obtained the radio traffic during the reported timeframe of the incident, and part of a word that could be deciphered as “help” was audible.
Carpenter reported he was able to separate after he reached for his firearm and threatened multiple times to shoot. After separating, the officer deployed his Taser after Folkes refused an order to get on the ground. The shot was ineffective, but the officer held him off until backup arrived, according to the report.
The three-day trial date scheduled to start Wednesday was vacated and replaced with a hearing for 1 p.m. May 6 to consider pretrial motions.
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