PULASKI COUNTY, Ky. (WTVQ) – A federal judge Wednesday rejected an indicted Pulaski County constable’s appeal to be released from jail pending his trial in August.
Instead, Judge Robert Wier said all the issues raised by District 4 Constable Gary Baldock existed before he opened fire on FBI agents on March 6.
“Regarding Defendant’s health-related testimony, the Court notes that Baldock confirmed that he had each of the conditions discussed prior to March 6, 2020, the date of the shoot out … In short, neither Defendant’s health nor fears regarding COVID-19 appreciably impact the detention calculus,” Wier wrote in a two-page order following a hearing Wednesday morning.
“The Court is convinced by clear evidence that Baldock knew it was the FBI that sought to arrest him on March 6. The Agency’s ostentatious approach, with sirens, lights, and a bullhorn blaring, gave notice to all concerned of the FBI’s presence and centrality. Baldock interacted with the agents and, with evident calculation, used lethal force to avoid
apprehension. He likely knew of the indictment and should have been particularly sensitive, as law enforcement, to the signal meant by the FBI’s overt and conspicuous approach. The choice to fire on the agents shows a level of desperation and resistance to custody that bond conditions, which ultimately hinge on good faith compliance,
cannot reasonably mitigate,” Wier said in a sharp-rebuke of Baldock’s requests.
“The scenario requires detention. The gravity of the events, along with the Count One evidence, the mental health history, and the referenced meth seized, counteract the otherwise positive attributes in Baldock’s favor,” the judge concluded.
Two weeks ago, a judge magistrate rejected Baldock’s request to be released on bond. At the time, he agreed to put up the $50,000 equity in his home, where an electronic monitoring device, check in regularly with probation officers, and surrender all his constable credentials and weapon.
In rejecting that offer, the judge noted the shooting of an FBI agent, the fact meth was found in Baldock’s car and a variety of other factors warranted keeping Baldock in jail pending trial.
Baldock appealed that decision but Wier rejected the appeal following Wednesday,s hour-long hearing in which Baldock testified by video conference to his health issues and other concerns.
Baldock and fellow Pulaski County Constables Michael Wallace will go to trial Aug. 3 on federal charges they violated the civil rights of county citizens.
Then three weeks later on Aug. 24, Baldock will stand trial for attempted murder of an FBI agent and using a weapon in the commission of a violent crime.
Baldock, who was elected District 4 constable in November 2018,has been held since recovering from wounds he suffered in a shootout with FBI agents during his arrest March 6.
Baldock and Wallace, who has represented District 5 since 2006, are accused of violating he civil rights of county residents through harassment, trumped up or bogus arrests, and taking or under reporting drugs and cash from November 2018 until Sept. 24, 2019.
They were indicted in February and served on March 6. Wallace was arrested without incident but Baldock wounded an FBI agent, prompting attempted murder and weapons charges that carry up to life in prison.
Both have pleaded not guilty to the civil rights charges. If convicted they face up to 10 years in prison.