UPDATE: Man convicted in JC "drag racing" crash denied work release again

For the second time in as many years, Judge Robert Cupp denied Bradley Mullins' work release request. He made the decision Tuesday afternoon after hearing from Mullins' attorney, prosecutors, and one of the victim's sisters.

"I also told the family as I recall that I will never, ever release you unless I had their unequivocal acceptance of that," Judge Cupp told Mullins. "They say that they want you to serve this sentence and that's what I'm going to make you do."

Those words came after Brittany Hensley took the stand. Her sister, Cortney Hensley, died in the 2005 "drag racing" crash that involved Mullins. A jury ultimately convicted Mullins of vehicular homicide. At his sentencing hearing, Judge Cupp sentenced him to five years in jail.

"If you really want to show my family that you are sorry, you will flatten your sentence and you will do it with no questions asked," Hensley said to Mullins. "For the rest of my life, I will never, ever, ever get to see my sister until I go on the other side of life. To me, five years, to me, it's not unfair."

Prior to those comments, Mullins' attorney argued his client deserved a chance to slowly transition back into society. He said being able to work at his old job during the day and spending his nights back in jail would help that process.

"I suggest that he's earned the right to be placed on work release," Don Spurrell said. "This young man needs that gradual release into the community."

Judge Cupp disagreed and ordered him back to jail.

"I'm convinced that whenever you get through with this sentence, whatever time it is, that you will do well," Cupp told Mullins.

Despite the judge's decision, it appears Mullins may still get out of jail earlier than expected. So far, Mullins has served a little less than two years of his five-year sentence. However, according to his attorney, when you throw in good behavior and work credits he's earned from inside jail, Mullins should be released in 109 days.

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A man convicted of vehicular homicide in the drag racing death of 17 year-old Cortney Hensley will request work release today. Judge Robert Cupp will hear Bradley Mullins' request at 2:00 pm.

Four years ago, Mullins crashed into an SUV while racing on Roan Street in Johnson City. In that crash, he killed Hensley and severely injured her best friend Courtney Beard. Mullins reported to jail in January 2008 after a jury convicted him of vehicular homicide.

In August 2008, Judge Cupp denied a request by Mullins for work release. However, on August 26th, 2009, his attorney filed a new request.

"Since this time (January 4, 2008) defendant has comported himself with all applicable rules and regulations of the Washington County Jail and has served as a trustee since approximately January 17, 2008," the motion reads. "Work is an integral aspect of preparing any incarcere with re-entry into society after being confined and allowing this defendant to apply for work release is consistent with the goals of criminal sentencing."

When contacted about Mullins' efforts last month, the mother's of both victims vowed to fight Mullins' latest request.

"We are going to try to stop this," Kathy Beard said.

"He killed my daughter," Karen Hensley said. "I don't know at what point we're supposed to say, Oh yeah, just turn him lose.' We just want him to serve the amount of time that he was given. Quit dragging us back to court. We need some peace. All I want is for them to let me grieve for my daughter."

A jury convicted Mullins' co-defendant, David Phillips, on charges of vehicular homicide as well. Judge Cupp sentenced him to six years. However, earlier this year, Phillips appealed that verdict and sentence before the Tennessee Criminal Court of Appeals. The three-judge panel is still in the process of deciding that appeal. While he awaits their decision, Phillips remains free on bond.

"(Mullins and Phillips) were big, bad guys in your sports cars that night you were racing and putting everyone in danger," Hensley said. "Be big, bad, tough guys now and take your punishment."

That said, Mullins' attorney argues it is time for him to begin the first steps of his long transition back into the real world.

"We think it's the appropriate time right now to ask the court to go to the step of re-integration and the best way to do that is employment," attorney Don Spurrell said.

If granted work release, Mullins would return to work at Precision Collision Auto Repair in Johnson City. He would work there during the day and spend his nights in jail.