By Charlotte Underwood / Staff Writer
A new trial date is soon to be set in the drunk driving case against a former Whitley County jail employee, according to Whitley County Commonwealth’s Attorney Allen Trimble.
“We filed on March 28 for a motion to assign for trial, which Judge White will set a date for on April 4,” Trimble said.
In December, Trimble was named as special prosecutor in the case against Lloyd E. Davenport.
Davenport was arrested on May 9, 2010 by Williamsburg Police Officer Brandon White and charged with careless driving and driving under the influence. Davenport worked for the Whitley County Detention Center at the time of his arrest.
The case was set to go to trial on 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 because he was related to Davenport. White then 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 was named as special prosecutor in the case after the Attorney General’s Office received the request from the Williamsburg Police Department. Trimble filed motions in December including a signed certified mail receipt indicating that the evidence was in fact delivered to Butcher’s office and that the dismissal was based on an error. He asked that the case be reinstated.
The trial date for the case is scheduled to be set by White at 9 a.m. today (Wednesday).