Constable will remain in jail pending trial: Judge

PULASKI COUNTY, Ky. (WTVQ) – Despite the man’s health problems, a federal magistrate has denied a Pulaski County constable’s request to be released from jail pending his trial.

The magistrate also has agreed to separate the cases involving two constables but has yet to work out those details further discussions with prosecutors and defense attorneys. And the trial likely will be moved from June 29 until sometime in August, according to orders filed Monday afternoon in federal court.

District 4 Constable Gary Baldock had sought release from jail, where he’s been held since recovering from wounds he suffered in a shootout with FBI agents during his arrest March 6.

He’d agreed to surrender his constable credentials and weapon, put up the $50,000 equity in his Somerset home and wear an ankle monitor.

But the conditions of that shootout were too much to overcome, Judge Magistrate Hanly Ingram wrote in an 11-page order, noting if he released Baldock, he could not insure something bad wouldn’t happen again.

“The questions and criticisms contained in the defense’s proffer are not informed by any firsthand knowledge. The methods described in the
government’s proffer and the government’s reported statements by neighbors indicate Baldock was provided with an opportunity to surrender but initiated fire and persisted shooting despite opportunities to cease. Serious injuries resulted. Baldock admitted to the shooting, but blamed
law enforcement for initiating the firefight. The defense fairly points out that it has not been able to fully evaluate the circumstances, and wonders why a SWAT team was necessary given Baldock was a law enforcement officer with no reported criminal history. But, the Court must evaluate the evidence of record. The Court has not heard the 911 calls, but their substance is not
in dispute,” Ingram wrote.

Michael ‘Wally’ Wallace/Facebook

“The defense presents a thoughtful release scenario and emphasizes that Baldock has a stable residence and supportive friends and family. He has operated a business for 25 years, and lacks any history of criminal conduct, substance abuse, or failure to appear. Baldock’s health is poor. He had quintuple bypass surgery seven years ago and currently suffers from high blood pressure, arthritis, sleep apnea, bronchitis and COPD. The Court notes that COVID-19 risks are not raised in support of the request for release. The PSR also indicates Baldock self-reports suffering from anxiety, takes Xanax daily, and is treated by Dr. Dixon for his mental health
issues. This factor favors release,” Ingram noted, referring to the 56-year-old who spent 18 years as a constable in Casey County and was elected in Pulaski County in November 2018.

“The Court has considered all conditions suggested by the BRA, and other possible conditions suggested by the defense. But it cannot create any set of conditions that will reasonably assure safety of any other person and the community or appearance. Any detention decision ultimately turns on the efficacy of potential conditions, which in turn depends upon
predicted compliance by a defendant. The Court finds that any effort to
ensure compliance, either in the form of regular supervision by the USPO or execution of process in the event of a charged bond violation, would essentially mirror the dynamic that led to the shootout on March 6. The defense’s questions and criticism may bear fruit eventually, but
this record does not sufficiently establish that law enforcement’s efforts were somehow illegitimate so as to support expected compliance in the future. Neither appearance nor safety can be reasonably assured.
For the reasons stated, the Court orders Baldock detained in the custody of the U.S. Marshal pending trial,” the judge concluded, noting Baldock should be held in a facility away from people awaiting or serving sentences because they might hold a grudge because he is law enforcement.
Baldock and fellow constable Michael “Wally” 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.

Wallace wants the cases separated because he feels he will be prejudiced if he is lumped in with the shooting charges. Ingram agreed but details of how the cases will be tried must be worked out.