RICHMOND, VA (WWBT) - Richmond prosecutors say the sentence imposed against a man convicted in the fatal hit and run death of a cyclist is not being followed properly.
A motion filed Tuesday afternoon by Deputy Commonwealth Attorneys Colette McEachin and Christine Cestaro asks a judge for a hearing to review Elias Webb's sentence to "ensure all policies and procedures were properly and fairly followed."
Webb was sentenced to three years behind bars last week for his role in the hit and run death on River Road of Lanie Kruszewski on July 29, 2012. However, prosecutors and the victim's family are concerned Webb is being given special treatment.
Webb was put in the more modern, air-conditioned Henrico jail Friday, instead of the Richmond City Jail, in which he was sentenced.
"Tuesday I felt such relief. I mean, I'll never be happy about the way everything's turned out but I was just so relieved and I'm not relieved anymore," said Lanie's mother, Patty Kruszewski. "It's still ongoing and I'm just even angrier than I was before."
Officials say Webb was transported to the county facility where they could better handle a machine the 31-year-old needs to sleep.
Kruszewski's family, and now prosecutors, are concerned the decision was made based on Webb's connections, not his medical needs.
"It makes us nervous that he's getting special treatment, that he's going to be somewhere where people are friendly to him and know his family and his lawyer," said Lanie's sister, Jackie.
Henrico Sheriff Mike Wade is now supervising Webb's punishment and says the rules are being followed.
"As far as me treating him anything special than I've ever done for anyone else is absolutely false," said Sheriff Wade.
Wade explains it's not uncommon for jails to transfer inmates, but he did concede this case has some special circumstances.
"I think he's maybe treated a little different because of the special needs that he has, which is not uncommon for us to deal with that and many people are switched from the jail because of who their family members are and where they would be safer," said Sheriff Wade. "What the city doesn't want is him to be beat up in the jail because his dad is an attorney."
Another concern for the Kruszewski's is that any decision on whether Webb would be eligible for work release is up to the corrections facility, according to the judge's order. While they don't feel that would be appropriate, Sheriff Wade says it is a possibility.
"If at some point in time he asks to go to work release, I would take that into consideration," explained Wade. "I don't turn anybody down if the courts said they are eligible."
Webb is now in a therapeutic program where inmates can deal with some of the issues they have, according to Wade. He says Webb did volunteer to go back to the Richmond City Jail after all the publicity, but Wade has decided he doesn't want to send him back for the wrong reasons.
There is no timeline for Webb to be transferred to a state prison. His attorneys have not responded to a request for comments.