2.26.2010

TS - Evidence, charges unchanged against Whitmill

Evidence, charges unchanged against Whitmill

Allison White/The Times-Standard
Posted: 07/17/2009 01:24:14 AM PDT

A motion to dismiss three charges, including second-degree murder, against a Willow Creek man accused of racing down Highway 299 and killing a 9-year-old girl last October was denied Wednesday.

Attorney Glenn Brown requested the dismissal of blood alcohol content evidence against Jason Bradley Whitmill, 32, on June 11 and three charges related to the evidence: second degree murder, driving while intoxicated causing bodily injury and gross vehicular manslaughter while intoxicated.

Superior Court Judge Dale A. Reinholsten heard testimony from both sides and consulted officer statements from the scene, resulting in a denial of Whitmill's motion, according to court documents.

The charges against Whitmill stem from an Oct. 6, 2008, collision allegedly involving co-defendant Anthony Marques Flores, 19, that resulted in the death of 9-year-old Nicole Quigley.

Brown requested the BAC be dismissed arguing that police illegally drew and tested Whitmill's blood without his consent. In the judge's statement, Reinholsten determined officers had probable cause to draw Whitmill's blood.

Nicole's family is relieved by the ruling, said her father, Ken Quigley.

”It all came our way,” he said. “We're all very excited. Well, as excited as we can be.”

District Attorney Paul Gallegos was unavailable for comment. Brown did not return phone calls by deadline.
Whitmill is also accused of engaging in a speed contest causing bodily injury and hit and run driving causing injury. Flores is accused of gross vehicular manslaughter, engaging in a speed contest causing bodily injury and hit and run driving causing injury.

Their jury trial is scheduled to begin Sept. 8.

Allison White can be reached at 441-0506 and awhite@times-standard.com.