Kentucky man pardoned by Bevin on murder charges now faces theft charge
A Southern Kentucky man released from prison on murder charges in a wave of controversial pardons in 2019 faces a new charge of stealing $12,000.
Brett D. Whittaker, of Somerset, was indicted in January on a charge of theft by deception involving more than $10,000. He has pleaded not guilty and repaid the money.
Whittaker, now 37, was driving drunk on U.S. 27 in Lincoln County in July 2010 when he hit another car, killing John and Lavada Rowland, a Berea minister and his wife. Whittaker pleaded guilty to wanton murder and a judge sentenced him to 20 years in prison in August 2011.
The crime was considered violent, which would have required Whittaker to serve at least 85 percent before being released.
In December 2019, however, then-Gov. Matt Bevin commuted Whittaker’s sentence to time served, and also pardoned him of the crime.
Whittaker had received 30 disciplinary write-ups in prison for offenses that included having contraband items, fighting and testing positive for drugs, but Bevin said in his order that Whittaker had used his time in prison to transform his life “spiritually, emotionally and psychologically.”
Bevin, a Republican, said it wouldn’t improve anyone’s life to keep Whittaker in prison, but that it would make some people’s lives worse.
Bevin said that with his new lease on life, “Mr. Whittaker incurs a heavy responsibility to ensure that every single day is lived in a manner that serves others and honors the memories of the innocent lives lost because of his actions.”
“I am confident that with God’s help, he will do so,” Bevin said.
The pardon was among scores Bevin signed in his final days in office after losing re-election. Some caused a great deal of controversy, with prosecutors and family members complaining that Bevin had overridden fair, valid convictions, and state lawmakers calling for an investigation.
Bevin defended the pardons, saying he pored over information to make fair and just decisions and that America was built on “support for redemption and second chances.”
Whittaker had been trying for years to get out of prison, first writing to Bevin’s predecessor, Democrat Steve Beshear, in 2015 with an unsuccessful request for a chance to ask the parole board for early release.
He renewed his efforts with Bevin in 2017, writing the governor to say he was deeply remorseful for the fatal crash and had worked hard to improve himself.
Whittaker continued his education in prison and also helped with a dog-training program, trained as a legal aide and completed several Bible-study courses, according to his pardon file.
Several prominent residents in Pulaski County wrote Bevin in support of Whittaker’s request for an early release.
It also may have helped that a daughter of the man and wife killed in the wreck wrote Whittaker in prison to express forgiveness, opening the door to a series of letters between them.
The woman, Bethany Boynton, said in one letter she believed God had saved Whittaker’s life in the wreck so that He could save his soul in prison, and that God had chosen her to tell Whittaker that forgiveness was possible.
Whittaker included letters from Boynton in his application for clemency.
He also told Bevin it wasn’t necessary to keep him in jail “as I will never again be in any trouble with the law — not even a speeding ticket.”
Whittaker was charged with speeding last month in Garrard County, following his arrest on the theft charge in January.
The felony charge resulted from a job that Whittaker took but didn’t finish.
A homeowner, Karen Richardson-Britt, hired Whittaker to build a fence, giving him $12,000 up front to buy materials. He was to be paid $5,000 more when the job was done, according to a case summary by Bobby Jones, an investigator for the Pulaski County Sheriff’s Office.
Whittaker signed a contract saying he would start work by Nov. 4, 2020 and finish the fence by Nov. 30, but had not done any work or delivered materials to the site by Dec. 1, the summary said.
Jones said after Richardson-Britt contacted the sheriff’s office Dec. 1, he called Whittaker and Whittaker said he would make it right.
The homeowner said Whittaker promised to repay the money by Dec. 6, but when Jones checked with her on Dec. 8, he hadn’t, Jones said.
Whittaker’s attorney, Dan Thompson, said Whittaker has been doing contracting work, such as building decks and fences, since his pardon.
Whittaker took on a number of jobs last year as he tried to build his business, but had trouble finding help during the coronavirus pandemic and overstated what he could get done, Thompson said.
Thompson said Whittaker repaid Richardson-Britt the $12,000 and hopes that as a result, prosecutors will reduce or dismiss the charge.
Someone without Whittaker’s background might not have been charged in similar circumstances, Thompson said.
Richardson-Britt confirmed Whittaker repaid the $12,000, but said she had to push him to get the money.
She said Whittaker set the date to finish the fence, then was dishonest with her about moving equipment and lumber to the site and other issues.
If Whittaker had been up front, she probably wouldn’t have filed the charge, Richardson-Britt said.
Richardson-Britt said she is a devout evangelical Christian and believes in forgiveness, but doubts Whittaker has had a true transformation as described in his pardon.
“He is very charming,” she said. “Smoke and mirrors is what I would call it.”
Whittaker said in an interview that he bought the lumber for the fence, but had other jobs booked that paid more. When the weather turned dry in November, he could do those, Whittaker said.
“I got overwhelmed with work,” he said.
Whittaker said it took him awhile to repay Richardson-Britt because he couldn’t return the lumber.
He said he doesn’t think he lied to Richardson-Britt, but acknowledged he didn’t communicate well with her.
“I was never gonna beat her out of any money,” Whittaker said. “I am a reliable contractor.”
At least two other men pardoned by Bevin in 2019 have since faced new charges.
In Lexington, Kurt Robert Smith, convicted of killing his infant son, was charged last year with fourth-degree assault and strangulation after allegedly attacking a woman.
The charges were dismissed.
And Dayton Jones, who pleaded guilty in state court to taking part in sexually assaulting a 15-year-old boy in Christian County who had passed out from drinking alcohol, was charged in federal court with producing child pornography for allegedly videotaping the attack.
The case is pending.
This story was originally published March 24, 2021 at 3:52 PM.
