, Corbin, KY

Local News

December 16, 2011

Lloyd Davenport case reinstated

Drunk driving dispute against former Whitley jail employee dismissed in error

CORBIN — By Becky Killian/Managing Editor

The drunk driving case against a former Whitley County jail employee was dismissed last week in error, according to Whitley County Commonwealth’s Attorney Allen Trimble.  

Trimble has been named special prosecutor by the Kentucky Attorney General’s Office in the case against Lloyd E. Davenport, 61.

Davenport was arrested May 9, 2010, by Williamsburg Police Officer Brandon White and charged with careless driving and driving under the influence.

The case was set to go to trial Dec. 7 in Whitley County District Court before Judge Fred White but court records indicate Whitley County Attorney Don Moses recused himself from the case. Then White ordered the case dismissed.

Court documents indicate that Paul Winchester, the former Whitley County attorney, failed to deliver evidence in the case to Davenport’s attorney, Jane Butcher.

Trimble said he plans to file motions in court today (Friday) that will include a signed certified mail receipt indicating the evidence was delivered to Butcher’s office and that the dismissal was based on an error. He will ask that the case be reinstated.

“We feel like we have the grounds to have the case reinstated and we will go from there,” Trimble said.

Williamsburg Police Chief Wayne Bird said he was told in August that Butcher hadn’t received the evidence, which is a video taken by the dash camera in the police cruiser when Davenport was arrested. Bird said he asked Winchester if the video had been delivered to Butcher and Winchester assured him it had.

Bird said he made another copy of the video and sent it by certified mail to Butcher’s office. He included a cover letter, indicating the case the video related to, why he was sending it and he also referenced his conversation with Winchester.

Bird said he was surprised to learn that the case against Davenport had been dismissed because when Moses recused himself — saying he was related to Davenport — the Commonwealth had no representation in the case so another court date should have been set.

Bird said arresting Officer Brandon White, who was in court on Dec. 7 for the case, said evidence had been delivered to Butcher. After White ordered the case dismissed, White tried to submit a copy of the letter indicating the delivery of the discovery, but Judge Fred White refused to enter it in the record. Brandon White was told to ask for a special prosecutor.

Although Bird said it isn’t the police officer’s duty to ask for a special prosecutor, he told Brandon White to call the Attorney General’s Office.

Bird also called the Attorney General’s Office.

Shelley Catharine Johnson, deputy communications director for the Kentucky Attorney General’s Office, said the appointment of Trimble to the case resulted from a call to that office by the Williamsburg Police Department.

When interviewed last summer for a story about the backlog of DUI cases in Whitley County, Bird cited Davenport’s case as one that had been repeatedly continued, forcing the arresting officer to make repeated appearances in court.

“I don’t understand what the big deal is on it. It’s a simple DUI,” Bird said after the dismissal.

Davenport’s arrest came after Brandon White saw him driving slowly and crossing the center line several times. After the stop, the citation states White noted “a strong smell” of alcohol on Davenport and that he had “red, glossy, bloodshot eyes.” The citation also states Davenport failed motion tests.

White recorded that Davenport refused a breathalyzer test. Davenport said “he would blow over the limit” if he did take the test, the citation states.

White also noted that he was told by Davenport that he (Brandon White) “would get what is coming to me” and that Davenport said he “would pay a visit” to White’s father, a comment White noted on the citation that he felt was a threat.

Davenport worked for the Whitley County Detention Center at the time of his arrest and continued to work there until late last year when he quit, according to Whitley County Jailer Ken Mobley.

While he worked for the jail, Mobley said Davenport supervised inmates who were picking up litter.

Although Mobley said Davenport didn’t transport inmates, Mobley did say Davenport drove a county vehicle and continued to do so after his arrest.

Bird also noted that Davenport’s license wasn’t suspended, as called for by Kentucky law in those cases where a driver refuses to submit to an alcohol or substance test.

Text Only
Local News
  • 10 arrested for drugs after investigation

    Ten people were arrested Thursday following a three-month investigation of illegal drug activity, according to Kentucky State Police Post 11 —  London Public Affairs Officer Trooper Lloyd Cochran.

    April 18, 2014

  • Jury trial May 14 for man in murder case

    A man facing murder charges after the December 2012 beating death of a Corinth Community man appeared in Whitley County Circuit Court Thursday.

    April 18, 2014

  • Police Roundup - April 18, 2014

    Two parents were charged with child endangerment early Thursday after they walked to Wal-Mart in North Corbin with a toddler, according to Laurel County Sheriff John Root.

    April 18, 2014

  • Council members approve budget amendment

    Barbourville City Council members held the second reading of a budget amendment during a special-called meeting Thursday — with no one there to hear it.

    April 18, 2014

  • London-Laurel Tourism Commission budget approved

    The 2014-2015 budget for the London-Laurel County Tourism Commission was approved at Tuesday’s meeting, according to Co-Director Kim Collier.

    April 18, 2014

  • London-Laurel Chamber holds monthly meeting

    The London-Laurel County Chamber of Commerce held its monthly meeting Thursday afternoon at the Jackson Energy Cooperative Community Room.

    April 18, 2014

  • Budget amendment gets first read

    Barbourville City Council members held the first reading of a budget amendment during a special-called meeting Wednesday.

    April 17, 2014

  • Community garden meeting coming April 25

    Some folks in Knox County are looking at bringing some green space to Barbourville, and they need some help. But first, they’ll have an informational meeting on the community garden project next Friday, April 25.

    April 17, 2014

  • Crash on Wyan Road seriously injures two

    Two men remain in a Lexington hospital with serious injuries Wednesday, after they were involved in a one-car crash west of London Tuesday evening.

    April 17, 2014

  • Public meeting at Goldbug Vol. Fire and Rescue Dept.

    A public meeting is slated for 8 p.m. tonight at Goldbug Volunteer Fire and Rescue Department, located at 869 Highway 26, Williamsburg.

    April 17, 2014

Front page
Featured Ads
AP Video
Hyperlocal Search
Premier Guide
Find a business

Walking Fingers
Maps, Menus, Store hours, Coupons, and more...
Premier Guide
Twitter Updates
Follow us on twitter