Whitmore back in court for second trial

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SHERMAN- A man convicted for drunk driving is in court today for a second trial.

Grayson County District Attorney Joe Brown says yesterday Timothy Whitmore plead guilty to charges of intoxication assault and aggravated assault with a deadly weapon. It's up to a jury now to decide what kind of punishment Whitmore will face.

The accident happened in October 2005 when police say Whitmore was driving impaired and caused an accident on Texoma Parkway. Two young men were seriously injured.

Whitmore was previously convicted for aggravated assault with a deadly weapon for Justin McKenzie, who was one of the passengers. The sentencing phase this week is for the second passenger in the accident, Chase Ward.

Brown says the DA will not be letting up anytime soon.

"It's a serious case. This man has a long history of drinking and driving and there were some serious injuries to two young, innocent kids so we're willing to try this guy as many times as it takes to get a fair sentence."

In November, Whitmore was handed the maximum sentence for DWI, 20 years in prison, for the first passenger.

He could face up to 20 years for this second trial. A jury is hearing all the evidence from the case this week to decide his sentence.

A judge will decide if he will serve his sentences consecutively.

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