A federal charge against Pulaski County District 4 Constable Gary E. Baldock has been upgraded to Attempted Murder of a Federal Agent, according to court documents filed Thursday.
Two other charges against Baldock remain unchanged: Conspiracy Against Civil Rights and Discharge of a Firearm During and In Relation To a Crime of Violence.
A new indictment from a federal grand jury indicates that Baldock “did willfully, deliberately, maliciously and with premeditation and malice” attempt to kill an FBI agent during an attempt by the FBI to arrest Baldock.
The incident took place on the morning of March 6, as Baldock was being served a warrant by the FBI on charges that he and District 5 Constable Michael “Wally” Wallace were oppressing civil rights of suspects which the constables investigated.
The FBI attempted to arrest Baldock at his home on Mountain View Drive in Somerset, when a shootout started.
According to an affidavit filed by FBI Special Agent David Lowery, FBI personnel were wearing clothing identifying themselves as FBI agents and used a loudspeaker to announce their presence multiple times. When Baldock did not respond, FBI personnel breached the front and rear doors of the residence.
Agents outside the rear entry to the residence observed Baldock standing inside the residence with his hand on a holstered pistol. An agent repeatedly ordered Baldock to drop the gun while identifying himself as “FBI.” Baldock then brandished the firearm and began shooting at the agents. An FBI agent was shot and wounded by Baldock during the exchange.
Baldock also was wounded and was taken to a Lexington area hospital before being arrested and lodged in the Grayson County Detention Center, where he remains.
At a separate location on the same morning, Constable Wallace was taken into FBI custody without incident. He was arraigned later that afternoon on the conspiracy charge, entering a plea of not guilty.
Wallace was released from custody on the condition that he not be involved in any law enforcement activities or investigations.
A motion for arraignment for Baldock has been filed in Federal Court, although as of Thursday afternoon no court documents were available to say when that might take place.
A court trial date for Baldock and Wallace has been set for May 11, although the new charge against Baldock, plus the courts closures due to the COVID-19 outbreak, may delay that.