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Oregon Road Conditions & Cams Email Story to a Friend August 27, 2005 Probation extended for driver who killed boy By JACK MORAN Mail Tribune A 19-year-old woman whose drunken driving killed a 6-year-old boy will get a second chance at probation, a decision that angered the child’s father during a hearing Friday in a Jackson County courtroom. "There was a child killed here," Steve Cox of Medford exclaimed before storming out of Circuit Court Judge Bill Purdy’s courtroom. "There should be something better." Prosecutors had asked Purdy to sentence Nichole Whalen of Rogue River to 16 months in prison for failing to comply with terms of her probation. Whalen was convicted last year of criminally negligent homicide and driving under the influence of intoxicants in connection with a June 2004 wreck that killed Jonathon Cox. Before the crash, Whalen drank several beers and smoked marijuana, investigators said. Purdy had sentenced Whalen to 90 days in jail and placed her on probation for three years. Whalen served most of the jail sentence before she was released, but did not pay court fines or complete a court-ordered treatment program, said Beth Heckert, Jackson County chief deputy district attorney. Heckert said Whalen’s sole Advertisement motivation to enroll in a drug-treatment program earlier this summer was the "threat of prison" resulting from a possible probation-violation conviction. "It’s really a situation where she finally is doing well in treatment," Heckert told Purdy. "But it’s too late." After Cox angrily exited the courtroom, Purdy agreed with a recommendation from Whalen’s court-appointed attorney to give her three more months to complete probation before deciding whether to revoke it and send her to prison. "I am going to give you another chance," Purdy said to Whalen. Purdy said that while he understood Cox’s desire to see Whalen imprisoned, "that wouldn’t bring back his child." Attorney Monica Martin told Purdy that Whalen is dedicated to successfully completing probation because she wants to regain custody of her two children, who were placed in foster care earlier this year. "My suggestion is to keep (prison) hanging over her head," Martin said. Earlier in the hearing, Cox showed Purdy a large framed photograph of his son and explained why he felt prison was an appropriate punishment for Whalen. "This is what I wake up to every day — a memory," Cox said. "I think the recommendation of the district attorney would be the right thing to do." Whalen did not turn to look at Cox while he spoke. The June 21, 2004, crash in the 3200 block of Sykes Creek Road near Wimer ruined a relationship between the two families, who had spent the day together celebrating the summer solstice, officials previously said. After driving Jonathon and his older brother to a convenience store, Whalen lost control of her 1985 Honda Accord and crashed into a tree. Jonathon was taken to Rogue Valley Medical Center in Medford, where he died of injuries sustained in the wreck. Whalen and the other boy were treated at the hospital for minor injuries and released. Reach reporter Jack Moran at 776-4459, or e-mail Probation extended for driver who killed boy ">[email protected] Mail Tribune Home | Local News | Sports | Business | Obituaries | Life | Opinion AP News | Archives | Site Map | Community | Classified Copyright © 1997-2005 Mail Tribune, Inc. All rights reserved. Privacy Policy | Terms & Conditions | Website Feedback www.bingo.com Home Security Systems Trunks, Footlocker dvd-r Distance Education Computer Security Ztech Media Hosting Sports Equipment Online Casino Student Loans tcg student loan consolidation Online Pharmacy Online Casino Reviews Myspace Home Equity Loans Windermere Van Vleet Rogue Valley Travel Discount Hotel Reservations Southern Oregon Loans Online Casino News Casino Gambling Sites Budget Website Templates Online Bingo Entertainment Guide Advertisement s