A former county EMT and voluntary reserve deputy for the Sheriff's Office who is charged in a wrong-way traffic death will no longer have to wear a GPS monitoring device. However, Justin Whaley will still be on an alcohol monitoring device.
Attorney Lee Davis had filed a motion asking for the second device to be removed. Judge Barry Steelman granted the request.
Both devices were ordered last August when Judge Steelman lowered Whaley's bond to $50,000.
Attorney Davis said he and Whaley had assumed at the time that only one device would perform both functions. He said it was found that it involved two separate devices - one on each leg.
He said both devices are bulky and each requires a monthly monitoring fee.
Attorney Davis said in his motion, "The alcohol monitoring device should remain on and will satisfy conditions of release."
He said the GPS monitoring device "causes problems with defendant's day-to-day activity. It is unreliable. The GPS monitoring device has had to be replaced several times since it was put on."
He said Whaley "is not a flight risk." He said he has not driven since the incident.
Whaley, 37, is facing multiple indictments against Justin Whaley, former county EMT and voluntary reserve deputy for the Sheriff's Office, in a wrong-way traffic death.
Whaley was indicted for vehicular homicide, reckless driving, driving on a divided highway, failure to yield, failure to maintain lane, speeding, failing to exercise due care and DUI.
The deadly accident happened on Highway 111 in the early morning hours of July 3, 2018. Whaley was driving the wrong way and hit a car driven by James Brumlow. Mr. Brumlow was killed.
Judge Steelman earlier said he lowered the bond from the $600,000 set by General Sessions Court Judge Gary Starnes because Whaley had no criminal record and was not a threat.
Attorney Davis has also filed a motion asking for any dash/body cam video from the wreck scene. He said numerous officers responded to the incident. He said Officer Jeremy Wright's body cam has been provided but his dash cam footage has not.
Whaley is next due to appear before Judge Steelman on May 6.