ASHEVILLE – The cases of former Tryon commissioner Roy Miller and former Tryon Fire Chief Joey Davis were continued in federal court on Monday, June 19.

The United States District Court for the Western District of North Carolina granted motions to continue from the defendants, Leroy Miller Jr. and Joseph Samuel Davis until Sept. 5, 2017.

The order from the United States District Court states that the defendants were charged in a bill of indictment on April 4, 2017, with Davis charged with one count of conspiracy to commit federal program fraud and Miller charged with one count of conspiracy to commit federal program fraud, one count of federal program fraud, one count of extortion under color of official right and one count of witness tampering.

Miller and Davis were charged following the Town of Tryon firing Davis in January after discovering he used town credit cards to pay some of Miller’s personal bills. Miller announced his resignation as commissioner in March, with the effective resignation being June 1.

The order granting the continuances states the defendants’ initial appearances and arraignments were held on April 12 when the magistrate judge appointed counsel for the defendants and the case was placed on the May 1 calendar for trial. That case was continued until June 19.

“The defendants now move separately to continue the case,” states the court order. “As grounds, counsel for Defendant Davis states he needs additional time to investigate the case, retrieve and evaluate relevant electronic data, review discovery, and for the parties to conduct plea negotiations. Counsel further represents that the government does not oppose the requested continuance.”

Davis is being represented by attorney Stephen Lindsay.

Miller’s attorney also requested a continuance.

“With respect to Defendant Miller, as grounds for the requested continuance, counsel states she needs additional time to acquire documents and records necessary for the defense of Defendant Miller and to conduct witness interviews,” states the court order. “Counsel further represents that the government does not oppose the requested continuance.”

The court found for both defendants that the cases should be continued because if the requested continuances were not granted, counsel would be denied the reasonable necessary time for effective preparation, taking into account the exercise of due diligence.

Miller is being represented by attorney Fredilyn Sison.

The order granting the motions was signed by District Judge Martin Reidinger on June 6.

The new trials on Sept. 5 are scheduled to be before Judge Reidinger at 9 a.m. in Courtroom 1, 100 Otis St., Asheville, N.C.