Assistant District Attorney Sam Clenney filed a motion asking Circuit Judge Kevin Moulton to reconsider his modified ruling ordering Whitehead to serve 90 days in jail on previous drug charges. After completing the sentence Whitehead would be placed on supervised release.
Moulton, on June 26, sentenced Whitehead to five years probation but no jail time though he had been arrested on other charges, including DUI, less than a week earlier. Moulton apparently was not aware of the latest charges when he sentenced Whitehead who was also convicted of Vehicular Homicide in the 1990’s.
The sentence sparked a political rift between Valeska and Henry County Sheriff Will Maddox who testified on Whitehead’s behalf at the June hearing and whose testimony may have influenced Moulton’s ruling.
“It’s frustrating,” said Valeska. “When you’ve killed somebody and now you get arrested for driving under the influence and been to prison twice it’s really frustrating,” he said in a June 28 interview. “Who do I have to fight? I have to fight the defense, the defendant and law enforcement.”
In response, Maddox accused Valeska of political grandstanding. “I think it’s really pathetic that somebody from the district attorney’s office called the news media and made something political out of this,” the sheriff said.
Valeska filed a motion after the June hearing asking Moulton to reconsider the probationary sentence. The judge last week amended the sentence to include jail time on same day Whitehead was arrested on the most recent charge. Whitehead turned himself in and is serving the 90 day sentence.
It’s not known when Moulton will rule on the latest motion though there appears to be no sense of urgency since Whitehead is already in jail.