Man recommended for extradition to Australia

A federal court judge recommended Thursday that a man accused of a crime in Australia similar to vehicular manslaughter be extradited back to the country to face the charges.

John Perry Whittington, 47, was charged in Australia with “dangerous driving occasioning death” in connection with a 2007 accident killing Robert Hill.

Whittington is a Midland native, despite a previous Odessa American story labeling him as an Australian. He lived in Australia for five years from 2003 until 2008 with his wife, who is from Australia, and his now-15-year-old daughter.

Judge David Counts, the federal magistrate judge in Midland, ruled that enough probable cause existed to recommend his extradition. He denied bond for Whittington saying he was a “flight risk.”

“I do find you to be a flight risk based on your activity, what happened in Australia,” Counts said during the hearing.

Assistant U.S. Attorney Mark Roomberg said probable cause must be proven to move the extradition process forward so a reasonable person could believe Whittington was involved in the death of Hill.

Whittington’s family attended to hearing and began crying at Counts’ order. Mary Blakeley, his mother, said she doesn’t know how the family is going to continue without him.

“How can the government sit here and let somebody like that go back to Australia? Financially, they’re going to be crushed,” Blakeley said. “It was an accident. It’s just so unfair.”

The criminal complaint against Whittington stated that he was on the wrong lane of a mountain road — in which driving lanes are reversed in Australia — when Hill, an elderly man, and Whittington collided on Sept. 13, 2007.

Whittington fled to Los Angeles, Calif., on April 20, 2008, according to the criminal complaint.

During the hearing, Whittington said he was in the correct lane but saw Hill come into his lane, at which point he tried to avoid the man.

Whittington said he came back to the United States because he couldn’t afford an attorney in Australia.

Blakeley said Whittington’s wife has never had to support the family and this may harm his 15-year-old daughter’s ability to go to college. The girl currently is a student at Midland College.

“We’ve never had any legal trouble,” Blakeley said. “None of my kids have ever been in trouble.”

Roomberg said the Western District of the U.S. Attorney’s Office has a few extraditions per year to various other countries, citizens and non-citizens alike.

Defense attorney Jason Leach said the process could take between two and six weeks to determine whether he will be extradited. Whittington remains in federal custody.

The judge’s opinion on the matter will be sent to the Secretary of State, who will then decide whether to extradite Whittington based on the recommendation.

“I would say that it’s gut-wrenching for the family,” Leach said. “I believe it could easily be considered an accident, but it’s for a court in Australia to determine.”

@OAcourts