JACKSONVILLE, Fla. —
Attorneys for Jacksonville rapper known as Foolio filed a new motion to dismiss the case against him.
The performer, whose given name is Charles Jones, was back in court Wednesday on charges of fleeing and eluding police during an April traffic stop. He has pleaded not guilty.
Jones’ attorney previously asked the judge to suppress all evidence in the case against him, saying there was no probable cause for the traffic stop. In his new motion, Jones’ attorney is seeking to dismiss the case entirely.
According to the motion, “Mr. Jones did not increase his speed, but instead traveled approximately 20 mph without making any evasive movements or attempting to evade law enforcement. As shown on [police body worn camera] Mr. Jones slowed his vehicle and came to a complete stop within 17 seconds. A reasonably objective officer would have no basis to conclude that a driver was attempting to flee or elude law enforcement with the undisputed facts at hand.”
The motion says because there is no evidence a crime occurred, the case should be dismissed.
Prosecutors asked for a week to respond to the motion, but have previously said the felony arrest, which began as a misdemeanor citation for excessive tint, was justified because Jacksonville Sheriff's Officers saw "furtive movement" in Jones’ Dodge Durango before it came to a stop.
The next court date in the case is Sept. 7. It had been set for trial on Monday, but was delayed last week at the request of prosecutors.
During Monday's hearing, Jones’ attorney also asked that that the rapper's ankle monitor be removed. The monitor was ordered by the court when he was initially released on bond in April.
“Mr. Jones is still wearing a GPS monitor,” attorney Lewis Fusco told the judge. “It is getting very costly. Being that we were previously set for trial today, and it was the state's late disclosure to discovery [that postponed the trial], we would ask them if we could have that GPS removed, your honor, until trial which is approaching soon.”
Circuit Judge Mark Borello told Fusco to submit his request in writing and he would consider it. Jones' trial is set for Sept. 26, one day before the expiration of his speedy trial rights.