(Fremont County, WY) – The sentencing hearing for Riverton man Jack Lackey has been set for December 1, following his September 9 change-of-plea hearing.

Lackey was charged with aggravated homicide by vehicle for his reported role in a drunk driving incident that led to the death of his spouse, Elaine Whittenberger, in August of 2024. He was later arrested in December of 2025 after a warrant was issued for his arrest.

Lackey initially pled “not guilty” to the charge back in April of this year, and a jury trial was set for July 20. Following the acceptance of a motion to continue that trial, with a subsequent date change to September 21, a plea agreement was ultimately filed on his behalf. The jury trial was then vacated, and the change-of-plea hearing was held. Under the agreement, Lackey pled “guilty” to the charge (which carries a maximum penalty of 20 years’ imprisonment), on the condition that his sentence would be “not less than three, and no more than seven years in the custody and control of the Wyoming Department of Corrections.”

The plea agreement also requires Lackey to pay restitution. The court will decide whether to accept the plea at his December 1 sentencing hearing.

Wrongful Death

In addition to the criminal charge, a wrongful death civil suit was filed against Lackey on August 8.

The initial complaint document on file names Simone Kae Spangler as the Wrongful Death Representative for the Estate of Elaine Whittenberger. Spangler is the daughter of Elaine and is listed as one of the wrongful death beneficiaries in the complaint, along with Elaine’s two other daughters and her mother and father.

The civil complaint includes three counts against Lackey: Wrongful Death, Negligence, and Gross Negligence/Recklessness with Punitive Damages, in reference to the original criminal charge affidavit. (Click here to read the full write-up that includes a breakdown of that affidavit.)

In terms of Wrongful Death, the complaint maintains that:

• Whittenberger died as a result of injuries resulting from the crash. Whittenberger died from severe blunt force injuries to the head, neck, and chest due to the single vehicle rollover.
• The crash was the result of a wrongful act, neglect, or default.
• Whittenberger would have had a personal injury claim against Lackey, as driver of the vehicle, had she survived the crash.

In terms of Negligence, the complaint maintains that:

• Lackey owed Whittenberger a duty to operate the vehicle with reasonable care and in compliance with Wyoming law, including refraining from driving while intoxicated or under the influence of drugs, and maintaining proper control of the vehicle.
• Lackey breached those duties by, among other things: Consuming alcohol and driving intoxicated/impaired; Consuming THC products and driving intoxicated/impaired; Consuming cocaine and driving intoxicated/impaired; Failing to maintain his lane of travel; Failing to maintain proper lookout and control; Leaving the roadway and rolling the vehicle; Otherwise operating the vehicle negligently.
• Lackey’s breaches were a direct and proximate cause of the crash, Whittenberger’s injuries, and Whittenberger’s death.

In terms of the Gross Negligence, the complaint states that Lackey’s conduct, “including driving while intoxicated at more than twice the legal limit, driving while impaired by THC or cocaine, and leaving the scene without rendering aid or summoning emergency assistance,” was “reckless, willful, wanton, and in conscious disregard of the safety of Whittenberger.”

As for the damages, the plaintiff seeks all allowed by Wyoming law, including but not limited to: “Economic damages (including loss of financial support and services); Loss of companionship/society and related non-economic damages of the statutory beneficiaries; Funeral and burial expenses; Medical expenses incurred as a result of the incident; Punitive damages.”

As of this writing, a response to the complaint has not been filed. County 10 will provide updates on the cases as they progress, which can be viewed here.