Jury hears final arguments in Whitaker case

Editor’s note: This story was updated on March 24 at 10 a.m.

MADISON – A Morgan County jury heard final arguments and deliberations were expected to begin Tuesday morning in the case of a Laurens County man who is on trial for the June 2021 shooting death of his wife.

Ben Whitaker’s second trial was heard by a Morgan County jury after his first trial in Laurens County ended in a mistrial last September. Whitaker is charged for the 2021 death of his wife Tiffani. Laurens County Chief Judge Jon Helton has been on the bench for both trials

The retrial began on Tuesday, March 17, a day after the jury was selected. The state and defense put up witnesses throughout the week, with final statements happening after lunch on Monday, March 23. 

The jury received instructions from Helton Tuesday morning, a day after rebuttal witnesses ended the prosecution’s case. 

Defense attorneys Mitch Warnock and Amanda Palmer took turns talking to the jury during their part of closing arguments Monday afternoon. Warnock reminded the jury that Whitaker was an Eagle Scout who was described by people as gentle and kind and how it did not make sense to them that the defendant would just shot his new wife without any provocation.

“Ben was involuntary intoxicated,” Warnock said. “Tiffani and Ben were in love with each other. None of this adds up. We have an answer that Julie Scarborough (Tiffani’s mother) doesn’t want to hear. It’s the medicine. It’s the only thing that makes sense.”

Palmer said Whitaker cannot be found guilty if he was unable to distinguish right from wrong.

“The medicine had the potential side effect of causing serotonin syndrome,” she said. “The combination of medicine is dangerous and can cause anger and lead to serotonin syndrome. Mr. Whitaker has no prior violence. There is no other issues or explanation on why Ben shoots Tiffani. … Ben picked up a gun but did not know right from wrong.”

Both attorneys pointed out that Whitaker’s and Tiffani’s text from that afternoon showed their love and concern for each other. 

Chief Assistant District Attorney Kelly Weathers began the DA’s closing statement by reminding the jury that Tiffani was only married for a short time to Whitaker – 59 days.

“What is not in dispute is he killed her,” Weathers said. “He shot her five times before she fell. He is saying his medicine made him do it.”

Weathers said the medicine does not play a factor in this case, pointing out that Whitaker took the same medicine in the county jail after his arrest that he did before the shooting – and yet had none of the symptoms he later said he had the afternoon of the tragedy. 

“It took him two years to pay and bring you this theory of involuntary intoxication,” Weathers said. “During the afternoon (of the shooting), Ben does not tell (Tiffani) about what symptoms he’s going through.”

She argued that if Whitaker had serotonin syndrome he would not have been able to tell right from wrong. Weather’s said Whitaker shot his wife, packed and then drove to family-owned land in Wilkinson County.

“The evidence does not support a finding that he did not know right from wrong,” said Weathers, who played part of the Dublin Police Department interview with detective Jon Knight. “The first thing he said (to Knight) was the most honest thing he said. He was in the crosshairs of that investigator.”

During that interview, Whitaker told Knight that he and Tiffani had an argument and she was “chastising me about having a couple of drinks. I guess that nagging feeling set me off.”

He described going into his bedroom, grabbing his gun and shooting her in the back.

“He wants you to believe he was laboring under symptoms,” Weathers said. “Nobody with serotonin syndrome can shoot with that kind of accuracy.”

District Attorney Harold McLendon finished closing by saying Whitaker, without any justification, killed his wife. The medication, McLendon said, was not the issue.

“He never tells anyone he was in pain,” the DA informed the jury. “There was no confusion. … You can’t be crazy one minute and fine the next. That’s unbelievable.”

When talking about the medicine Whitaker took the day of the shooting, McLendon reminded the jury that he had the same medicine later in the county jail. But there was a difference in the two situations. At the county jail, Whitaker “didn’t drink alcohol and he didn’t have a nagging wife.

“We ask that you come back with a verdict that speaks the truth,” McLendon said. 

On June 30, 2021, law enforcement responded to a house at 212  Penn Street after Tiffani’s colleagues at Dublin OB/GYN did not show up for work. During the welfare check, police officers saw Tiffani on the floor in the kitchen. Whitaker was not at the scene at that time.

Around 2:15 p.m. that day, Whitaker’s truck was located in Wilkinson County. He was later arrested without incident.

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