Folks Sentenced to 15 Years in Prison

On August 18, 2025, an Upson County jury convicted Robert Joseph Folks of Homicide by Vehicle in the First Degree (2 counts), Driving Under the Influence Per Se, Driving Under the Influence Less Safe, Homicide by Vehicle in the Second Degree and Failure to Maintain Lane. The Honorable Ben J. Miller of the Upson County Superior Court sentenced the Defendant to serve fifteen years in prison, the maximum possible punishment allowed under law. The State was represented by Senior Assistant District Attorney Audrey D. Holliday and Senior Assistant District Attorney John C. McAbee along with the assistance of their team, Investigator Rick Reeves, victim advocate, Bailey Middlebrooks, and assistant Katy Hurt. Trooper C. Jones of the Georgia State Patrol was the lead officer in the case.

The State presented evidence that on February 18, 2021, the victim, John S. Talmadge, was driving on Delray Road near the intersection of E. Moores Crossing when the Defendant came over the hill, already driving in the oncoming lane. The Defendant lost control of his vehicle and went off the right shoulder of the road. He then overcorrected, causing him to enter the lane of oncoming traffic. The Defendant hit Mr. Talmadge head on. Mr. Talmadge succumbed to his injuries shortly after the crash. Trooper Jones conducted a DUI investigation and after refusing to submit to a State administered test of his blood, a search warrant was obtained to collect the Defendant’s blood. The Defendant had a blood alcohol content of .179, more than twice the legal limit. The Georgia State Patrol also conducted a thorough accident reconstruction and determined that there was nothing in the road conditions or with either driver’s vehicles that would have contributed to the crash. Evidence was also admitted that showed the Defendant had received a DUI arrest merely seven months prior to him killing Mr. Talmadge.

The Defendant claimed to be a “Sovereign Citizen” and outside of making an opening statement that the Superior Court of Upson County had no jurisdiction over him or his case, he chose not to participate in his trial or put up a defense.

“Vehicular homicides based on DUIs are such senseless tragedies. It is a voluntary choice to drink and get behind the wheel of a vehicle. Mr. Folks did not learn his lesson seven months prior to this incident when another Trooper arrested him for DUI and asked him what he was going to do when he kills someone. Now he knows what he will do…fifteen years in prison,” said ADA Holliday.

“I echo the sentiment of ADA Holliday. I am very proud of my Upson County office for their prosecution of this case. It is imperative that the citizens of Upson County know it is not okay to drink and drive. Let this conviction and sentence be a warning to anyone that makes such poor choices that we will stand by the families of the victims seeking justice and we will prosecute DUIs like any other case,” said District Attorney Marie G. Broder.