The Commercial Appeal

Davis set to testify Wednesday

Former Southaven mayor to take stand in embezzleme­nt case

- By Yolanda Jones yojones@desotoappe­al.com 901-333-2014

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 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 twocount 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 or 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, saying 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

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