Whittaker's probation is revoked

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Brett Whittaker

September 4, 2010

By HEATHER TOMLINSON, CJ Staff Writer Commonwealth Journal The Commonwealth Journal Sat Sep 04, 2010, 07:00 AM EDT

Somerset —

A Somerset man facing two murder charges in connection with a fatal July wreck saw his probation revoked for a 2005 assault in Madison County. Brett Dustin Whittaker, 27, appeared in Madison Circuit Court Thursday before Judge William C. Clouse, according to the Richmond Register. Clouse revoked Whit-taker’s probation, which stemmed from 2006, when Whittaker pleaded guilty to second-degree assault charges in Madison County after a fight, according to the Richmond Register. The Richmond Register also reports that, according to court documents, Whittaker severely injured a man after striking him two times in the head with a pair of bolt cutters. As part of a plea agreement, he was sentenced to seven years in prison, but was later granted five years shock probation. A civil suit was brought against Whittaker in Pulaski County by the assault victim. That suit had claimed the victim, named as Wade Keeney, had suffered a fractured skull, brain damage and related injuries in the assault. That suit was dismissed against Whittaker in June of this year. Clouse determined Monday that Whittaker failed to report to Madison County probation officials within 72 hours that he had been arrested in Lincoln County, according to the Richmond Register. Whittaker was arrested and indicted in late August on two counts of wanton murder for the deaths of John and Lavanda Rowland of Berea. The incident happened on July 9 on U.S. 27 in Lincoln County. According to police reports, Whittaker was operating his pickup truck while intoxicated. The truck allegedly crossed the center line while south bound, colliding head-on with the Rowlands’ Toyota Corolla. The husband and wife were in the area to assist in building a church. The Rowlands were pronounced dead on the scene that night, and Lincoln County Coroner Farris Marcum told the Commonwealth Journal that police found containers of alcohol in Whittaker’s vehicle. Whittaker was airlifted to the University of Kentucky Medical Center with non-life threatening injuries. Whittaker, who has a record in Pulaski County that includes previous driving under the influence charges, was on crutches when he appeared in court Thursday, according to the Richmond Register. Whittaker could serve up to seven years in jail for the revocation of his probation. He will have credit for any time he served in Madison County in 2006 before he was granted probation, the Richmond Register reported. Whittaker, who was transferred to the Madison County Detention Center upon his August arrest for the probation violation, will be returned to Lincoln County, the Richmond Register reported. Wanton murder is a Class A felony, and is punishable by 20 or more years in prison. Whittaker is scheduled to be arraigned in Lincoln County on Sept. 24.

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