Trial for Davis enters 3rd day
Former mayor of Southaven last to take the stand
Former Southaven mayor Greg Davis will be the last witness to take the stand when his embezzlement trial moves into its third day Wednesday.
The jury was dismissed at about 4:30 p.m. Tuesday, with Judge Robert Chamberlin saying he wanted jurors fresh when Davis takes the stand to defend himself against charges of embezzlement.
One of the embezzlement charges against Davis in the two-count indictment accuses him of buying a city-leased vehicle worth $25,000 for $11,000 in 2009 without the city’s approval.
The second embezzlement charge stems from accusations that Davis illegally got nearly $4,000 worth of gas from city fuel pumps dozens of times in 2009 and 2010. Davis was receiving mileage from the city to cover the cost of his gas and travel.
Defense attorneys tried twice Tuesday, during the trial’s second day, to get the case thrown out.
Defense attorney Steve Farese asked that a mistrial be declared when a witness produced a document that he said his team and the court had never seen.
Jim Pike, the owner of Tom Bell Leasing, produced a leasing document that showed Southaven had the option to buy Davis’ sport utility vehicle for $10,000. Pike, whose company leased vehicles to Southaven, testified that Davis paid the $10,000 plus the last month’s leasing fee for the vehicle.
An angry Farese objected, saying Pike’s testimony tainted the jury. He asked the court to declare a mistrial.
Chamberlin declined and said the evidence did not constitute a mistrial.
Also Tuesday, prosecutors presented six witnesses, including Southaven City Clerk Sheila Heath.
Heath testified that Davis asked her to call the state to see if he could buy the city-owned sport utility vehicle that he had been driving for two years. She testified that when she told Davis the state auditor’s office said he could not buy it, he did it anyway.
After lunch Tuesday, three Southaven police officers testified they had seen Davis put gas in his personal SUV at city gas pumps 10 to 20 times.
After the state rested, the defense once again asked the judge to throw out the case.
Farese told Chamberlin the state “has not proven anything. They have not produced any evidence to show that my client attempted to defraud the city in any way.”
The judge denied the defense motion.
Former alderman Randall Huling was the last witness of the day Tuesday.
Huling testified that Davis was on call 24 hours a day for the city and used the SUV for city business.
“Yes, we did get him a very nice car because when he met with developers, we did not want it to appear they were dealing with country bumpkins,” Huling said.
Huling admitted to prosecutors that it was illegal for him or any other city employee to fill up their personal cars at the city pumps.
The trial resumes at 9 a.m.
Davis, 48, was mayor for 16 years.