A District Court judge has ordered that a former Billings school bus driver convicted of hitting a girl and breaking her leg while driving drunk in 2009 be released from prison as the Montana Board of Pardons and Parole ordered five months ago.
District Judge Ingrid Gustafson made her ruling after a hearing Thursday in which Timothy Whalen said the board granted his release while he appealed his sentence, but then a parole officer apparently rejected his parole plan.
Whalen was sentenced in December 2010 to six years with the Department of Corrections with 18 months suspended.
Billings attorney Teresa O'Connor, a member of the parole board, said Whalen was denied his first request for parole in 2011 and was told to complete alcohol treatment.