JACKSONVILLE, Fla. — Jacksonville rapper Foolio made a rare court appearance Thursday at what was scheduled to be the final hearing before his trial begins Monday.
Foolio, whose real name is Charles Jones, is charged with felony fleeing and eluding police during an April traffic stop. He has pleaded not guilty. His attorney is seeking to suppress all evidence in the case, saying there was no probable cause for the stop and no evidence of fleeing or eluding.
A hearing on the suppression motion was scheduled for Thursday but was postponed.
Jones was pulled over by Jacksonville Sheriff’s Officers April 5. Detectives testified they initially pulled him over for excessive window tint, and that he drove under the posted speed limit for less than 400 feet before stopping. Body camera footage shows he stopped in less than 20 seconds. When he did stop, five detectives surrounded his Dodge Durango at gunpoint and handcuffed Jones.
Nothing illegal was found during a search of the vehicle. Officers found a handgun, which Jones told officers they would find, and which he had a license to possess. Assistant State Attorney Leah Owens, who responded to the scene, directed officers to confiscate the cell phones of all vehicle occupants.
At an earlier hearing, a detective confirmed that the initial traffic stop was “a tool to confiscate the cell phones” as part of a separate investigation.
Jones' attorney Lewis Fusco previously sought to have Owens removed from the case or, alternatively, be called to testify as a witness due to her unorthodox appearance at a traffic stop, when nobody had yet been arrested. The State Attorney's Office says it's common for prosecutors to respond to the scene of a crime, like a homicide, and investigate.
Jones was held for 2½ hours in the backseat of a squad car, then taken to the State Attorney’s Office for questioning in an unrelated murder case. Five hours after the initial stop, he was told he was being arrested, and was taken to jail.
Prosecutors filed a motion this week to compel Jones’ DNA, but withdrew that request in court Thursday. Jones’ lawyers filed two motions related to his alleged gang affiliations. They want the judge to preclude officers who testify from being identified as working for JSO’s “gang unit,” and to prohibit testimony about his possible gang associates.
Foolio has been a key figure in a bloody rivalry between two Jacksonville gangs. He's affiliated with the gang known as KTA, which is bitter foes with ATK, the express affiliate of another Jacksonville rapper, Yungeen Ace.
If the case is not dismissed, Jury selection is set to begin on Monday.
