LOUISVILLE, Ky. (WHAS11) -- A former Jefferson County Constable agreed to give up his badge and gun in order to stay a free man, but David Whitlock may have violated his plea agreement by opening a security business.
Surveillance video from a Southwest Walmart in 2011 captured a suspected shoplifter running from off-duty Constable David Whitlock. Now, all eyes are on Whitlock's new business called "Securus" on Dixie Highway, which provides firearms training.
Whitlock was not at the business today, but his attorney, Brian Butler, doesn't believe his client has done anything wrong. "A private security business is very different from being a sworn law enforcement officer," said Brian Butler, Whitlock's Attorney.
When Whitlock was convicted for shooting the suspected Walmart shoplifter, he was then barred from working in law enforcement. Whitlock could not be reached for comment, so his specific role at Securus is unclear. Butler doesn't believe its a violation of his plea agreement.
"His plea agreement indicated that he cannot go back into law enforcement . Not only can he not be in law enforcement during this year of diversion period but he couldn't reapply and become a sworn law enforcement officer. Working in a private security capacity, in my opinion, would not violate his plea agreement now," Butler said.
He's also prohibited from carrying a firearm, but Butler said there are no allegations of that that he is aware of. The Assistant Commonwealth's Attorney did not want to comment on the case at this point in time.
Butler said Whitlock just trying to move forward.
"Obviously he is looking toward the future and ways he can support himself and his family. I don't believe he has any intentions of violating the terms of his agreement," Butler said.
If he is found to have violated his plea agreement, he could be re-indicted and prosecuted for the original charges.