Jury Finds Scotland County Sheriff Not Guilty in DWI Trial
Deliberations Last 12 Minutes After One-Day Trial
By Echo Menges
SCOTLAND COUNTY, Mo. — March 1, 2026 — A Scotland County jury found Sheriff Bryan Whitney not guilty of driving while intoxicated Friday afternoon after deliberating for just 12 minutes.
The one-day jury trial was held Feb. 27 in Scotland County Circuit Court before Shelby County Associate Circuit Judge Mike Greenwell, who was assigned to the case after Scotland County Associate Circuit Judge Kimberly Nicoli recused herself.
Approximately 80 prospective jurors were summoned for the trial. During jury selection, most members of the jury pool raised their hands when asked whether they had heard about the case, which has been pending in Scotland County for more than two years.
After questioning, a panel of three women and nine men was selected. Two alternates, both women, were chosen but did not deliberate.
Opening statements began at 10:57 a.m. Special Prosecutor and Adair County Prosecutor David Goring, who has been assigned to the case since it was originally filed in 2023, presented four witnesses for the state: Missouri State Highway Patrol Trooper Travis Wood, two of Wood’s supervisors, and a Missouri State Highway Patrol crime lab employee who testified regarding blood testing.
Whitney did not testify.
Public attendance in the courtroom was limited throughout the day. Present were Goring; Knox County Prosecutor David Briggs; Associate Circuit Judge Kimberly Nicoli; Scotland County Commissioners Duane Ebeling and David Wiggins; a Missouri State Highway Patrol trooper; two members of the press; and several additional observers. One prospective juror remained in the courtroom after being dismissed from the panel.
Testimony Focused on Arrest Procedures
Trooper Wood testified about the Sept. 29, 2023, traffic stop in which he alleged Whitney was speeding and veered off the roadway. Wood acknowledged mistakes during the arrest, including errors in administering the horizontal gaze nystagmus eye test and failing to ask follow-up questions about what Whitney drank or when he drank.
During cross-examination, defense attorney Travis Noble challenged the trooper’s procedures and investigative decisions.
Whitney’s blood-alcohol concentration was two-thousandths below the legal limit for driving while intoxicated. Prosecutor David Goring attempted to elicit testimony suggesting the level may have been higher, but the Missouri State Highway Patrol crime lab technician acknowledged she did not have sufficient information to calculate or confirm that conclusion.
After the defense rested without calling witnesses, closing arguments concluded at 4:18 p.m. The jury returned its verdict 12 minutes later.
Judge Greenwell thanked jurors for their service, telling them, “You guys did a very good job.”
Attorneys Respond
After the verdict, Goring said, “I respect the jury’s decision. Having cases or disputes decided before a judge or jury is the essence of our criminal justice system.”
Noble spoke respectfully of the prosecutor.
“He’s a heck of a nice guy,” Noble said of Goring. “I feel for him, because he has to try this case because it’s a sheriff and you’re here.”
Noble was referencing members of the press present in the courtroom, including this newspaper and John Garlock from KTVO in Kirksville.
“It would look bad for him not to proceed with it and that puts him in a tough spot,” Noble continued. “He’s done his best here.”
Noble represented Whitney at no charge. Known as a highly experienced DWI defense attorney, Noble offers legal representation to law enforcement officers without fee.
Whitney also addressed the verdict.
“I would say the trust in the court system is one of our utmost rights we have,” Whitney said. “That’s why we live in this country. And I’m looking forward to continuing serving the citizens of Scotland County as your sheriff.”
Certification Review Pending
At the time of trial, Whitney was also under review by the Missouri Department of Public Safety’s Peace Officer Standards and Training (POST) Program.
In October 2025, a POST investigator requested certified court records from the Scotland County Circuit Court to determine whether sufficient evidence existed to file a complaint with the Missouri Attorney General’s Office seeking discipline of Whitney’s peace officer certification.
Under Missouri law, POST certification is required to serve as a licensed peace officer. A criminal conviction in the DWI case could have led to disciplinary action affecting Whitney’s certification and his ability to continue serving as sheriff.
The POST inquiry remains separate from both the criminal case and the Department of Revenue license-revocation proceedings.
Separate From License Revocation
The criminal case is separate from the civil driver’s license revocation that has been litigated in the courts since 2023.
In October 2025, the Missouri Court of Appeals upheld the Department of Revenue’s one-year license revocation under Missouri’s implied consent law after Whitney refused a chemical breath test.
Long Legal Path
The DWI charge has been pending for more than two years and has included multiple procedural developments.
Prosecutor Goring dismissed the original criminal case one business day before the scheduled Dec. 16, 2024, trial and refiled it days later. An Aug. 7, 2025, jury trial ended in a mistrial less than an hour after it began. Friday marked the third scheduled trial date in the matter.
Whitney, who was first elected sheriff in 2020 and reelected without opposition in 2024 while the case was pending, has consistently maintained his innocence.
