The interaction between Hamilton police officer James Carpenter and Folkes started just after 7:30 p.m. on Jan. 17 on Ohio 4 near the Butler County Fairgrounds. Folkes' vehicle had an inoperable passenger headlight and license plate light, according to a police report.
When the officer approached the vehicle, he noticed Folkes, who was behind the wheel, smelled like burning marijuana. After running his driver’s license, which was valid, he advised Folkes it was illegal to smoke marijuana while driving. “The defendant stated he was stationary when he smoked it,” according to the report.
Carpenter asked the man to step out of the vehicle for a field sobriety test. After failing multiple tasks, the officer attempted to place Folkes under arrest on suspicion of operating a vehicle while impaired.
According to the police report, the defendant resisted and questioned the action.
“The defendant tensed up and began pulling away from Carpenter,” according to the report. “The defendant continued resisting arrest and physically struggled with Carpenter.”
In an attempted to improve control over Folkes, Carpenter took him to the ground and then called for assistance. But when the officer tried to radio for backup, Folkes allegedly knocked the radio out of Carpenter’s hand.
During the continued struggle, Carpenter pepper sprayed the defendant’s face but that did not deter the suspect. During the continued struggle, Folkes was able to get behind the officer and wrap an arm around Carpenter’s neck in a chokehold, according to the police report.
The pressure was tight, and the officer said he saw “stars.”
“(Carpenter) realized he was in great danger of losing blood flow to his brain,” according to the report, which also indicated he “feared for his life and reached for his firearm.”
Carpenter yelled warnings he would shoot. It took repeating the threat multiple times before Folkes released his grasp from around the officer’s throat.
After separating from Folkes, Carpenter removed his Taser and ordered the defendant on the ground. He refused, and the officer deployed his Taser, but it was ineffective as it lodged in his clothing. But Carpenter persisted, continued to point the Taser at Folkes, trying to get him to comply. He was able to hold Folkes at Taser-point until officers arrived.
Folkes is set to appear at 1 p.m. on March 18 before Butler County Common Pleas Judge Dan Haughey.
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