When Hamilton Police Officer James Carpenter attempted to place him under arrest, Folkes resisted and a struggle ensued, including Folkes allegedly grabbing the officer’s radio and placing him in a chokehold, the report said.
Folkes pleaded not guilty, and his attorney, Arthur Southard, requested a reduction of his client’s bond from a $75,000 cash or surety bond to a “reasonably low bond,” specifically a Ten Percent bond.
As part of Southard’s justification for a low bond, he said the grand jury ignored robbery and obstructing official business charges, both felonies, and indicted Folkes on a fifth-degree felony on the strangulation charge, which was originally pressed as a third degree.
Southard assured Butler County Judge Dan Haughey that his client is not a flight risk, adding that Folkes’ two-month incarceration has prevented him from working as a contractor for a cleaning and restoration services company.
The judge lowered it to a $50,000 cash or surety bond. He said while Folkes has no violent history or felony history, “the allegations, and I appreciate they are allegations in this case, are still very serious.”
Haughey said he would be open to reconsider bond once discovery is exchanged. One piece of that discovery is the officer’s body-worn camera footage, which was not provided to the Journal-News. The Hamilton police cited that since the case is pending, the body-worn camera footage would not be shared “until the court proceedings have concluded.”
After Folkes failed the field sobriety test, Carpenter attempted to place the man under arrest on suspicion of operating a vehicle while impaired, according to the report. He resisted and questioned the officer’s action.
A physical struggle ensued, and police said Carpenter attempted to call for assistance. Folkes allegedly knocked the radio out of the officer’s hand, but not before Carpenter was able to press the radio’s panic button. Prior to that, when Folkes allegedly took the police radio, he pressed the call button and Carpenter said he yelled for help.
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 pepper sprayed the defendant’s face, but that did not deter him, the report said. During the struggle, Folkes was able to get behind Carpenter and allegedly wrapped an arm around the officer’s neck in a chokehold, according to the police report.
The pressure was tight, and the officer said he saw “stars.”
The officer reached for his firearm and threatened multiple times to shoot. After separating, Carpenter removed his Taser and ordered Folkes on the ground. He refused. Carpenter deployed his Taser, but it was ineffective.
Carpenter persisted, continuing to point the Taser at Folkes, trying to get him to comply, according to the report, holding Folkes off until officers arrived.
The judge set a trial for April 9 and a pretrial hearing for April 1.
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