Criminal Court Judge Boyd Patterson has again denied bond for former EMT Justin Whaley, who continues to have appeals before the Criminal Court of Appeals.
Judge Patterson earlier granted Whaley a new trial on some counts in his vehicular homicide trial, but not on others. He was granted a new trial on the vehicular homicide by intoxication and DUI counts. He was not given a new trial for the reckless homicide count or the traffic infractions.
Whaley was sentenced to nine years for the wrong-way traffic death of James Brumlow on July 2, 2018.
The new trial was based on an allegation by the defense that the state failed to turn over an Internal Affairs report about a key state witness.
Attorney Lee Davis said, "We are entering a dangerous period where he could be serving more time in jail" than his ultimate sentence would be.
Prosecutor Brian Finlay said the time served was still far short of the initial nine-year sentence. He noted that Whaley is building jail time.
The prosecutor also said Whaley is a flight risk due to his financial success with a thriving gun range in Van Buren County.
He said that Whaley "took the life of James Brumlow" and might be a threat to others.
Attorney Davis said Whaley is in contact with his wife and the manager of the gun range by email and phone over operation of the business. He said having the business is incentive for him not to leave this area.
The attorney said Whaley has given up his passport and could be restricted to a specific geographic area.
A 650-page transcript of the case is to be sent this week to the Criminal Court of Appeals, it was stated.
Judge Patterson said the appeals court will then have all the information from the case. He said, "Hopefully, they will rule sooner rather than later."