Both District Attorney Neal Pinkston’s Office and Judge Barry Steelman have recused themselves from the Justin Whaley vehicular homicide case.
In the status hearing Thursday, assistant district attorney Chris Post presented to Judge Steelman an order recusing the current district attorney’s office due to a conflict. He advised that the Professional Board of Standards ruled that there was one in the case.
Assistant DA Post would not advise what the conflict was in open court, but family members of the victim James Patrick Brumlow said they were informed that someone in the family had called and left what was perceived by the DA’s office as a threatening statement.
Assistant DA Post has been handling the case since the start for the past four years.
Judge Steelman in his remarks to the family said there has been an occasion where the court has addressed the family and communicated the court's role in being neutral in the matter.
“This came over the issue of bond.
Bond is merely to guarantee that someone will show up to court and does not present a measure of danger to the community. And I believe the courts wisdom in the matter has been confirmed and he (Whaley) has appeared in court as required,” Judge Steelman said.
“I am recusing myself in this matter as well. This will give you a fresh evaluation from a new district attorney general and a new judge that has fresh eyes on the matter."
Judge Steelman said the new matter will be assigned to one of the new incoming judges and a status hearing will be held in Sept. 13.
One of the family members asked Judge Steelman if the decision he made on denying the exclusion of the defendants blood alcohol would stand. He told them that would be up to the new judge.
The case stems from a deadly accident on Highway 111 on July 3 around 5:40 that took the life of James Brumlow. According to the affidavit filed by Sgt. Jerry Workman of the Soddy Daisy Police Department who investigated the fatal crash, Whaley advised officers that he was unclear on how he himself was travelling the wrong way on Highway 111. He also stated to police investigators that he had stayed the night at a friend’s house after they had been drinking during the night.
Sgt. Workman said that the F150 pickup truck driven by Whaley was travelling north in the southbound lanes and was observed by witnesses doing so prior to the crash.
Whaley was charged by Soddy Daisy Police for vehicular homicide, driving under the influence, reckless driving, due care, speeding, driving on a divided highway and failure to yield the right of way.
Sgt. Workman obtained a warrant from General Session Court Judge Gary Starnes who set bond at $600,000. Judge Steelman reduced the bond to $50,000 after he was petitioned by Whaley’s attorney Lee Davis. Whaley has to use an alcohol-monitoring system and wear a GPS device in addition to giving up his driver's license. Since that was done, motions have been filed by the defense to have the GPS device removed and also to allow Whaley to drive for home and work related responsibilities.
Whaley is a former Hamilton County EMT and served as a reserve deputy for the sheriff's office from March 2016 to October 2017.
Whaley became a volunteer reserve deputy for the Hamilton County Sheriff's Office in March 2016, a sheriff's office spokesman confirmed. He was not a full-time, paid deputy.
He resigned in October 2017 after not being able to fulfill the number of required volunteer hours.
Whaley, owner of Dead Zero Shooting Park, is a former U.S. Marine infantry rifleman and a former paramedic, according to the shooting park's website.
In 2016, he was at the center of a controversial proposal for a commercial firing range on Bakewell Mountain in Soddy-Daisy.
Nearby landowners protested the range, saying it would pose noise, safety and environmental concerns.
The Hamilton County Commission voted down the proposal in an 8-1 vote.