DWI Case Against Sheriff Dropped One Day Before Jury Trial, Refiled One Week Later
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The Case Has to Start All Over
By Echo Menges
MEMPHIS, Mo. — The driving while intoxicated criminal case against Scotland County Sheriff Bryan Whitney, scheduled to be heard before a Scotland County jury on Monday, Dec. 16, was mysteriously dropped by special prosecutor David Goring, the Adair County prosecuting attorney, just ahead of the trial.
Goring apparently dismissed the case just one business day before a 70-person jury pool was summoned for jury duty and selection in Scotland County.
Whitney was arrested off duty on Sept. 29, 2023, by the Missouri State Highway Patrol for allegedly driving while intoxicated, which he has denied in court.
Goring, who has a background in law enforcement, has remained tight-lipped about the decision to drop the case so close to the jury trial, which was made on Friday, Dec. 13.
One week after the case was dismissed by Goring, the prosecutor refiled the same criminal charge against Whitney, a Class B misdemeanor charge of driving while intoxicated, on Dec. 20, 2024.
The dismissal, coupled with the new filing, has restarted the entire criminal court process for the sitting sheriff, along with the court system, prosecutor and defense attorney.
Scotland County Associate Circuit Judge Kimberly Nicholi has again recused herself from presiding over the case based on a conflict of interest. Her recusal was filed on Dec. 26, and a new judge was assigned by the Missouri Supreme Court on Dec. 27.
The original case, No. 24SE-CR00006, was being presided over by Knox County Associate Circuit Judge Tom Redington. For the new case, No. 24SE-CR00070, Shelby County Associate Circuit Judge Mike Greenwell will preside.
The new case is again slated to be heard in Scotland County, unless the defendant requests a change of venue during the court process.
Background
Former Scotland County Prosecutor April Wilson requested that Goring be appointed as a special prosecutor in October 2023, according to an order signed by Scotland County Associate Circuit Judge Kimberly Nicholi one week after Whitney’s arrest.
Both Wilson and Nicholi recused themselves from matters stemming from Whitney’s arrest due to conflicts of interest.
Goring was appointed to represent the state of Missouri in the criminal case and to represent the director of revenue in a civil case Whitney filed against the DOR (Case No. 23SE-CC00034). The civil case challenged the automatic one-year driver’s license suspension Whitney received for allegedly refusing a sobriety test during his arrest.
Adair County Associate Circuit Judge Kristie Swaim was appointed by the Missouri Supreme Court to oversee the civil case.
The Civil Case
The civil case, filed by Whitney through his attorney, Travis Noble, culminated in a bench trial held in Scotland County on June 20, 2024. The half-day trial consisted mainly of testimony from Trooper Travis Wood, who cited Whitney for allegedly driving while intoxicated.
During the trial, Trooper Wood admitted he did not properly conduct all aspects of the field sobriety tests, telling the court he would conduct the tests differently if given another chance.
A roughly hour-long body camera video recorded during Whitney’s arrest was reportedly presented as evidence during the trial but was not made available to the public. Repeated attempts by NEMOnews Media Group to obtain the video have been unsuccessful.
Both attorneys in the case—Goring and Noble—refused to release the video to the public after the civil trial. Judge Swaim issued an order requiring media to obtain the exhibit through a court-appointed media coordinator, but the court has not followed through on that process.
More than a dozen requests for the exhibit were made to Judge Swaim through Scotland County Circuit Clerk Julie Monroe and First Circuit Media Coordinator Kimberly Schantz, beginning the day after the trial and continuing until last month.
Nearly five months after the bench trial was held, Swaim ruled in favor of the Department of Revenue on Nov. 8, upholding the suspension of Whitney’s driver’s license for one year.
It is not known why it took so long for Judge Swaim to issue her decision in the case. It is notable that the ruling was issued just three days after the November general election, with Whitney being the only sheriff candidate on the Scotland County ballot.
Swaim ruled Whitney did have the full 20 minutes to contact his attorney, despite Noble’s argument that the time given fell 14 seconds short of the requirement. Swaim also ruled the criteria for sobriety testing were met by the trooper.
Whitney appealed Swaim’s decision to the Missouri Court of Appeals on Dec. 5. That appeal, filed as Case No. ED113163, is now pending.
What’s Next?
In the new criminal case, Whitney is scheduled to appear before Judge Greenwell via WebEx, the court’s online video option, for an initial appearance and arraignment on Monday, Jan. 30. He is expected to enter a plea of not guilty – again.
