JACKSONVILLE, Fla. — The criminal case against Jacksonville rapper Foolio will be delayed a month after a judge determined it wasn't ready for trial.
The performer, whose real name is Charles Jones, was scheduled to face trial Monday. But Circuit Judge Mark Borello postponed the case at a Friday hearing after it emerged at that several pieces of evidence weren’t turned over by prosecutors until late this week.
Jones is charged with felony fleeing and eluding police during an April traffic stop. He has pleaded not guilty.
Borello made his decision over the objection of defense attorney Lewis Fusco, who said he and his client wanted to "move forward."
Jones was not in court Friday due to an unnamed illness that his attorney says resulted in him being hospitalized twice this week.
The judge, though frustrated by evidence coming in "at the 48th hour" nonetheless said the delay was necessary.
The judge also heard arguments on a defense motion to suppress all evidence in the case. Fusco contends the traffic stop, which began as a civil citation for excessive tint but almost immediately blossomed into a felony takedown, was illegal because officers lacked probable cause.
"I’m not certain what's more concerning," Fusco said. "Somebody's being targeted and being told to get out at gunpoint -- or, as these officers testified to, that they had no knowledge of who was in this car. They weren't targeting anyone. And this is how they always do it. That is beyond troubling for many reasons, and unlawful in my opinion."
Prosecutor Leah Owen said the transition from tint stop to felony takedown was justified because officers say they saw "furtive movement" in the Dodge Durango before it stopped.
"What do these furtive movements do? They heighten the suspicions of these law enforcement officers," Owen told the judge. "Because, your honor, there is no longer such a thing as a routine traffic stop in the circumstances. Mr. Jones was not doing the actions of a law-abiding citizen, and that is because he was not complying with lawful command to stop his vehicle. Instead, he was slow rolling that vehicle for at least 20 seconds."
The judge denied the motion to suppress, saying the appropriateness of the stop was a matter for a jury to decide.
The new trial date is Sept. 26 -- one day before the expiration of Jones' speedy trial rights.
