Judge denies Whaley new bond as he awaits appellate court decision
Justin Whaley sitting with his attorney Lee Davis at a motion hearing on his bond status.
CHATTANOOGA, Tenn. (WDEF)- The former Hamilton County EMT who killed a man in a 2018 Soddy-Daisy wrong way crash is currently awaiting a new trial in the case after a judge overturned his conviction.
However, he has remained incarcerated while awaiting trial, something his attorney attempted to change Wednesday.
As Justin Whaley awaits a new trial in the 2018 death of James Brumlow in a wrong way crash in Soddy-Daisy, he asked Hamilton County Judge Boyd Patterson for a new bond to be instituted so he can leave jail while he waits for that trial to start.
The defense and prosecution presented wildly different arguments, showing how this case is far from over.
Whaley’s defense attorney Lee Davis said, “The problem as a practical matter is that Mr. Whaley is now on an indeterminate sentence. If you were to ask him, put him under oath and ask him and say, “What sentence are you serving?”, He wouldn’t know, his answer would be “I don’t know.” Because the nine years has been vacated and there isn’t anything on the judgments on the misdemeanors or the C felonies.”
Whaley’s conviction earlier this year was overturned due to the Soddy-Daisy police officer who arrested him, Jeremy Wright, not disclosing he was the subject of an internal affairs investigation due to sexual misconduct allegations.
Prosecutors are appealing that decision by Judge Patterson to the Tennessee Court of Appeals, and arguing that Whaley should not be released while that appellate court considers the case.
Prosecutor Brian Finlay argued, “We’re here because Mr. Whaley killed James Brumlow. There is some level of danger to the community here. Prior to that event, might we have said there was no danger, perhaps, but here we are.”
Davis insisted Whaley poses no danger to the public and should not have to serve more than what he could eventually be convicted on.
“He could end up serving more time on the misdemeanors than certainly on the C felonies, if he didn’t pursue his appeal,” said Davis.
Judge Patterson says that with the appellate court’s involvement in this case looming, he believes it’s best to not issue any ruling on the bond, keeping Whaley in jail for the time being.
“The CCA is certainly aware of that and is factoring that in, so I am hopeful we’ll get a ruling sooner rather than later,” the judge said.
Davis said his office was almost done with their brief, and expected for the appeals court to have all necessary materials very soon.
