Judge rules no mistrial in Greg Davis trial - WTVM.com-Columbus, GA News Weather & Sports

Judge rules no mistrial in Greg Davis trial

The judge returned with his ruling around 10:40 a.m. on Tuesday. The judge returned with his ruling around 10:40 a.m. on Tuesday.

(WMC) – A judge has ruled that there will not be a mistrial in former Southaven Mayor Greg Davis' trial.

His lawyers asked a judge for a mistrial during Tuesday's proceedings because of a dispute over a document provided during the discovery process.

The owner of a leasing company that leased a vehicle to the city of Southaven was testifying to terms of the lease. When asked to clarify, he was given the document that was provided during discovery to read from. He could not read the document very well and pulled out his own copy, which was the original.

The original copy had more information printed on the back of the page. The back of the document was never reviewed by the defense or provided during discovery.

The jury was out of the room when the mistrial motion was made, so they did not know that a possible mistrial was being considered by the judge.

The judge returned with his ruling around 10:40 a.m. on Tuesday.

Once Greg Davis purchased a car that had been leased to the city, the government tags were switched out to personal tags. But prosecutors say he continued to go to the city gas pump and fill up while also getting reimbursed for mileage on the car.

Documents showed Davis' pin number and key were used at two city pumps. He was later reimbursed for the miles—some months recouping more than $1,000 when the city had already paid for the gas. But Davis' attorney Steve Farese argued he continued to use the vehicle for business and was on call 24 hours a day.

Former Alderman Randy Huling testified that Davis would often pick up potential retailers for the benefit of the city.

Farese argued that the mayor had a travel budget and also a gas budget to use. But for district attorney John Champion, it is a case of double dipping.

"It's not legal for anybody to fill up their personal vehicle with city gas is it? Correct. Regardless of what your budget line items say, it's not legal correct? Correct."

By late afternoon, Farese argued the state had no proof that Davis ever used the gas for personal gain and asked the judge for a directed verdict, but like the motion for a mistrial earlier in the day, it was denied.

Farese is expected to call one more witness Wednesday the last one to testify. They did not call the witness on Monday because testimony is expected to last for awhile.

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