The man accused of causing a wrong-way crash that killed a local father is asking a judge to move his trial.

Justin Whaley appeared before a judge Monday morning.

Some have accused the former reserve deputy and EMT of receiving special treatment in the case and it has a lot of people on both sides emotional.

A motion filed by Whaley's attorney highlights posts on social media, even posts from investigators in the case, as a reason for why a change of venue is needed.

The family of James Brumlow, the man killed in the crash, tell Channel 3 it's not fair.

"It's very frustrating and very hurtful. Our hearts just get ripped out every time we have to go back to court," Dawn Decker said.

Decker said the last 11 months have been tough, especially for her daughter, who is still mourning the loss of her husband and is raising their four children alone.

Now, Whaley's attorney is asking a judge to move his client's trial to another venue and throw out a blood sample from the day of the crash.

"He continues to play like he's the victim in all of this, when we're the victims," she said, "This man has not spent one day in jail because of who he knows and how much money he has so it's very disappointing."

Lee Davis writes in the motion the changes are necessary to ensure his client receives a fair trial.

While Brumlow's family wait for their day in court, they stand united remembering a man who loved his family and are doing what they can to make sure no one else has to experience this kind of loss.

"I've become in Mother's Against Drunk Driving to help pass different laws that will help for this type of thing not to happen again and they be stricker," Decker added.

Attorneys will meet back in the courtroom on June 17.

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