Justin Whaley
A judge has granted former EMT Justin Whaley a new trial on some counts in his vehicular homicide trial, but not on others. Criminal Court Judge Boyd Patterson put down the order at the end of last week. The order grants Whaley a new trial on the vehicular homicide by intoxication and DUI counts for reasons set out in the order. It does not give him a new trial for the reckless homicide count or the traffic infractions.
The case is back in court on Aug. 19 to pick a new jury trial date.
Attorney Lee Davis said, “We asked the court for a new trial based on newly discovered evidence.
The trial court agreed and ordered a new trial on charges of vehicular homicide by intoxication and DUI. The newly discovered evidence includes untruthfulness by a testifying police officer and failure to disclose that information by the chief at the Soddy Daisy Police Department.
"We agree with the court on the necessity of a new trial, but will be asking the Court of Criminal Appeals to order a new trial on all counts as we believe the officer’s untruthfulness and the Soddy Daisy police chief’s actions affected the entire trial.”
Whaley is currently in state prison serving nine years for the wrong-way traffic death of James Brumlow on July 2, 2018.
Attorney Davis earlier said the state failed to turn over an Internal Affairs report about a key state witness in the recent vehicular homicide trial of the former EMT. He said Whaley should get a new trial based on the issue.
Whaley had faced 8-12 years in prison after a Criminal Court jury found him guilty of vehicular homicide by intoxication and other charges.
Whaley is eligible for parole consideration after serving 30 percent of the term.
Attorney Davis said on March 20, the DA's office disclosed that the "arresting officer and key state witness" Jeremy Wright "was subject to an internal affairs investigation in May of 2023 and found to be untruthful - just prior to the October trial."
The attorney said, "According to the Internal Affairs report, dated July 6, 2023, the District Attorney's Office was aware of this investigation before trial and did not disclose such information to the defense."
He said the information "qualifies as newly discovered evidence that may have affected the outcome in this case, had it been disclosed before trial."
Attorney Davis said Officer Wright was investigated by the Soddy Daisy Police Department after a complainant alleged that in 2018 he had shown her an inappropriate nude photograph of himself to her and a juvenile at a Planet Fitness gym.
He said an investigating officer with the Soddy Daisy Police Department contacted District Attorney Coty Wamp and provided the details of the accusation on May 25, 2023.
The attorney said Officer Wright denied having or showing any such photograph. However, "he later admitted to another superior officer that he did possess the photograph."
Attorney Davis said Officer Wright "allegedly showed a picture of his penis to a minor and her mother in 2018."
The attorney said it was found that Officer Wright "had potentially engaged in off-duty misconduct and had been untruthful."
Attorney Davis said, "The credibility of Officer Wright was a significant issue both at trial and at pre-trial hearings. Had this newly discovered evidence of Officer Wright's untruthfulness been introduced, key blood alcohol evidence may have been suppressed, and the jury may have further questioned the officer's testimony related to impairment."
Judge Patterson earlier said he agreed with several witnesses who said Whaley, of all people, should have known the dangers of drinking and driving after working many tragic wrecks in the very section where the accident happened on Highway 111.
Whaley was taken into custody after his conviction in late October of last year and has been in jail since.
Click here to read the order.