A former Hamilton County paramedic found guilty of reckless vehicular homicide for a 2018 wrong-way crash was denied a new trial Monday.
Justin Whaley was sentenced Jan. 22 to nine years in prison for crashing into and killing James Brumlow in July 2018 on Highway 111. Four days later, his attorney filed a motion for a new trial.
The motion is a detailed list of errors attorney Lee Davis said occurred during Whaley's jury trial. Davis plans to use the motion as a road map to appeal Whaley's guilty verdict in a higher court.
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While Hamilton County Criminal Court Judge Boyd Patterson denied Whaley a new trial, he said Whaley presents himself as someone who was a responsible man prior to the fatal crash.
Patterson would be willing to consider reducing Whaley's jail and court costs due to his unemployment, he said in court.
"It's not a break," Patterson said. "It's exactly what I like to do for those who show initiative."
Whaley was bourbon tasting at a friend's house the night before the wreck. He attempted to sleep it off for a few hours before driving home, but he was found to have alcohol in his system after he hit Brumlow.
"I've spent the last five years thinking about how I can atone," said Whaley, also a former volunteer Sheriff's Office reserve deputy, during his sentencing hearing.
Davis raised multiple issues he said warrant a new trial, mostly pertaining to evidence and some expert testimony presented in court. In particular, Davis argued evidence of Whaley's blood alcohol content should not have been included because it was taken hours after the crash. Also, extrapolations made about blood alcohol level at the time of the crash should not have been used as evidence, because they are unreliable, David argued.
(READ MORE: Possible 'special treatment' for suspect in fatal Highway 111 crash)
There were many evidence suppression hearings prior to the trial, which were denied for good reason, Patterson ruled. There were issues of bad driving with Whaley going the wrong way down the highway, and Whaley admitted to consuming alcohol.
Whaley remains held without bond.
Contact Sofia Saric at ssaric@timesfreepress.com or 423-757-6476.