State Senator Whitney Westerfield said texts he sent that have been linked to a request for clemency in the case of convicted sex offender Dayton Jones was done “at the request of constituents” that he serves.
A Tuesday story in the Louisville Courier-Journal newspaper said the Hopkinsville Republican lawmaker asked attorneys for former Governor Matt Bevin to commute Jones’ sentence. The newspaper said Westerfield also tried to conceal his involvement in the request after the commutation was granted.
In a text to two of Bevin’s attorneys that was obtained by the newspaper under an open records request, Westerfield said the crime involved “very poor judgment by a relative kid” and was being over-prosecuted by then-Attorney General Andy Beshear, who had beaten Westerfield by 2,200 votes in the 2015 election for attorney general. The same text said, “if there’s any chance Dayton Jones can get a look for a sentence commutation, he should.”
Westerfield said he made the request on behalf of Jones’ grandparents, who are constituents of his.
click to download audioWesterfield said Tuesday that the request was not a solo act or a cause that he took upon his own accord.
click to download audioJones was 20 at the time of the crime in which he used a sex toy to sodomize a 15-year-old juvenile at a 2014 party in Christian County. The juvenile suffered extreme internal injuries and required emergency surgery.
Bevin later commuted the sentence of Jones, who was released after serving three years of a 15-year prison term. He was one of 670 prisoners who were pardoned or saw their sentences commuted in the final days of Bevin’s term.
Westerfield expressed displeasure that Bevin apparently didn’t contact any of the victims in those cases, including the victim in the Jones case. He also said he didn’t have prior knowledge that Bevin would commute the sentence to time served when he made the request.
click to download audioThe story said Westerfield did not contact the victim, who also lives in Christian County, about commuting Jones’ sentence.
Westerfield also denied having a part in the commutation request when asked via text message from former Commonwealth’s Attorney Lynn Pryor, who was replaced as the prosecutor in the case due to a perceived conflict of interest. Westerfield said in a separate text message obtained by the newspaper that he didn’t get a say in pardons and commutations and that “Bevin wouldn’t listen to me if I did.”
Earlier this year, reports surfaced that Christian County Commonwealth’s Attorney Rick Boling had also asked Bevin to pardon Jones. While Boling received a campaign contribution from Jones’ grandparents, Westerfield said he had not received one. A campaign contribution database confirms that.
Some people called Westerfield’s request “hypocritical” after advocating for Marcy’s Law, a bill that would give victims constitutionally protected rights equal to their accusers. The law passed last month.
Westerfield said he isn’t concerned about any blowback he may receive from people angered by his request.
click to download audioJones was arrested on federal pornography charges in April and later indicted in federal court in June. He remains in jail on those charges.
