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By Echo Menges
Memphis, Mo. – Earlier in February, Special Prosecutor David Goring filed a motion for a change of venue in the driving while intoxicated case against Scotland County Sheriff Bryan Whitney (Case No. 24SE-CR00070), asking the court to move the case out of Scotland County.
According to the motion, Goring argued the change was necessary due to the substantial Mennonite population, citing tenets of the Mennonite Church that include not taking oaths or judging others. He also pointed to the limited number of prospective jurors in the county, the substantial media coverage of the case, Whitney’s status as an elected official, which could bias the jury, and the need for outside law enforcement to staff court proceedings.
Goring contended that it was unlikely a qualified jury could be empaneled.
Travis Noble, Whitney’s attorney, fought to keep the case in Scotland County, challenging Goring’s motion and arguing that the state is not authorized to request a change of venue, as such requests are reserved for defendants unless both parties agree.
A hearing on the motion was held last week.
“If the state didn’t believe they could prosecute successfully, the charges shouldn’t have been brought,” Andrew Konya, another attorney representing Whitney, told the court.
Ultimately, Judge Mike Greenwell, who was appointed to preside over the case late last year, sided with the defense and overruled the motion for a change of venue.
“I think I have to overrule the state’s motion,” Greenwell told the attorneys during the hearing.
Greenwell set a new jury trial date for Aug. 7. An 80-person jury pool will be called in Scotland County for the one-day trial.
Whitney was arrested off duty on Sept. 29, 2023, by the Missouri State Highway Patrol for allegedly driving while intoxicated, a charge he has denied in court.
Whitney also has an appeal filed in the Eastern District of the Missouri Court of Appeals challenging a ruling to uphold the one-year suspension of his driver’s license. The suspension was ordered by Judge Kristie Swaim in a civil case Whitney filed against the Missouri Director of Revenue (Case No. ED113163).
In December 2024, Goring unexpectedly dismissed the original case against Whitney one business day before trial. A week later, on Dec. 20, he refiled the charges, restarting the court process.
According to information published by the Missouri Supreme Court, a person is eligible for jury service if they are:
● Over age 21
● A United States citizen
● A resident of the county or city sending the summons (unless serving elsewhere by court order)
● Able to read, speak, and understand English
A person is not eligible for jury service if they:
● Have been convicted of a felony, unless their civil rights have been restored
● Are in active military service
● Are a judge
● Have been deemed incapable due to mental or physical illness
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