Former Scioto County Commissioner Bryan Davis has pleaded guilty, resigned his office, and officially been found guilty of three felonies. What hasn’t happened yet is sentencing.
Davis pleaded guilty July 20 as part of a plea agreement in the corruption case that has hung over Scioto County government for years.
On August 5, Scioto County Common Pleas Court entered the formal finding of guilt, but did not set a sentencing date. Instead, the judge ordered a pre-sentence investigation before deciding Davis’ punishment.
According to the court entry, sentencing will be scheduled “at a later date,” and Davis’ bond will continue until then.
Three Felony Convictions
The court formally found Davis guilty of three charges:
- Theft in Office, a third-degree felony
- Receiving Stolen Property, a fourth-degree felony
- Filing an Incomplete, False or Fraudulent Return, a fifth-degree felony
The August 5 judgment follows Davis’ July 20 guilty plea, which eliminated the need for the five-day jury trial that had been scheduled to begin in October.
Davis has since resigned as Scioto County Commissioner, and the Board of Commissioners formally accepted his resignation.
What Happens Before Sentencing?
Before Davis returns to court, a pre-sentence investigation, commonly called a PSI, will be completed.
The investigation gives the judge additional information to consider when determining an appropriate sentence. Once that process is finished, the court can schedule Davis’ sentencing hearing.
For now, the court docket does not give a date for when that will happen.
Lori Davis Also Awaiting Sentencing
Davis’ wife, Lori, is also waiting to learn her sentence after pleading guilty in the same case.
The court formally found Lori Davis guilty of Tampering with Evidence, a third-degree felony, and ordered a pre-sentence investigation in her case as well. Her bond also remains in effect.
According to her plea paperwork, Lori Davis faces a maximum sentence of 36 months in prison and a $10,000 fine.
However, the paperwork makes an important distinction: a prison sentence is not mandatory, nor does the document say prison is presumed necessary.
Her actual punishment will be up to the judge at sentencing.
Salary Repayment Still Looms
Sentencing could also be important for another issue of interest to Scioto County taxpayers: the money Davis received while he was on paid leave.
Davis remained on paid leave for nearly a year following his indictment. Commissioners have said he received nearly $70,000 during that period and is required to repay the county following his guilty plea.
Commissioner Merit Smith previously said he spoke with the county prosecutor about how that money would be recovered. Smith said the prosecutor planned to ask the special prosecutor to seek an order addressing repayment as part of Davis’ sentencing.
If repayment isn’t handled through the criminal case, Smith said the county could ultimately have to pursue Davis in court to collect the money.
That makes the still-unscheduled sentencing hearing about more than the possibility of prison, probation or fines. It could also provide some answers about when Scioto County taxpayers will get their money back.
For now, both Bryan and Lori Davis remain free on bond while the court waits for their pre-sentence investigations to be completed.
