Prosecutors argue Eli Webb received special treatment

Posted at 1:19 PM, Jul 12, 2013

RICHMOND, Va (WTVR) -- A first of its kind case played out today inside the John Marshall Courts Building.  The Commonwealth's Attorney asked Circuit Judge Margaret Spencer to return Eli Webb back to the Richmond Jail, after he was transferred to Henrico following his sentencing on July 2.  The prosecutors also asked the judge to order Webb be picked up by the Department of Corrections (DOC) within 60 days of his sentencing.

The Commonwealth's Attorney argued Eli Webb received special treatment after he was taken to Henrico the day of his sentencing.  Prosecutors said Webb was taken to the Richmond City Jail right after he was sentenced to three years for the deadly hit-and-run of Lanie Kruszewski--who was riding her bike home from work along River Road on July 29 2012.  But on the same day he was taken to Henrico, where he remains.

The CA told the court Webb committed the crime in Richmond, was tried in Richmond and was convicted in Richmond, therefore should serve his time in the city.

Prosecutors were concerned the request to allow Webb to serve time in another jail could "open the floodgates" for future cases, in which a defense team could request their client serve time behind bars anywhere in the state and for any reason.

But during the more than hour-long motion hearing, Webb's attorney, Craig Cooley told the court Webb was transferred to Henrico the day of his sentencing because Henrico could handle his sleep apnea--a health condition that causes a person to stop breathing during sleep.  The defense also told Judge Spencer by law, it's not required to need a reason to transfer an inmate.  Instead only the permission from the sheriff or the overseer of the jail from each jurisdiction, to give the go-ahead.

The prosecution fired back saying the only thing needed to assist Webb with his sleep apnea machine, a CPAP, was an outlet for electricity.

After a brief recess, Judge Margaret Spencer decided to postpone her decision.  She did not give a time frame on when she would return with a decision on whether or not to return Webb to Richmond from Henrico, or whether Webb would be taken to the DOC within 60 days.

Stay with CBS 6 News for more on this developing story.