Next appearance scheduled for Sept. 4

TRYON — The federal case for former Tryon Fire Chief Joey Davis has been continued until Sept. 4. 

The case was originally scheduled to be in court on Monday in Asheville. 

Davis faces a charge of conspiracy to commit federal program fraud, stemming from his time as the town manager and fire chief, where he allegedly used town credit cards to pay for then-Town Commissioner Roy Miller’s personal bills. 

Miller was charged with conspiracy to commit federal program fraud, extortion under color of official right, and witness tampering. Miller pleaded guilty on April 20. The federal court has not yet set a sentencing hearing for Miller. 

Miller and Davis were charged in April 2017. The cases have been continued several times, with the initial court date set for May 1, 2017. 

The case was continued until June 19 last year, then until Sept. 5, 2017, then until Nov. 6, 2017 and then until Jan. 2. 

The case this year has been continued a few times, until March 5, May 14 and June 25. 

Federal documents say the parties now move jointly for a continuance. 

“As grounds, the parties state that additional time is needed for reasons stated in the Sealed Motion to Continue that the parties now seek to have deemed a Sealed Memorandum,” states federal documents on pacer.gov. “In addition to the grounds stated in the Sealed Motion to Continue, the parties note that the majority of the previous continuances granted in this matter were sought by codefendant Miller for reasons personal to him.” 

The documents continue to say that counsel for the government assigned to the case have been unavailable recently due to serving on a committee designated to conduct interviews for the magistrate judge position opening in the district. 

“Additionally, the parties state they are working extremely hard to resolve this case ‘both without the need for a costly trial and to see that substantial justice and fairness are accomplished,’” state the federal documents. 

Davis’ attorney, Stephen Lindsey, in his motion to continue, said he moves the case be continued one final time. 

“This case has been on several times and is one of the older cases on the court’s docket,” Lindsey said. “With rare exception, this case has been continued because the codefendant, LeRoy Miller, who has been the primary target of this investigation, obtained several continuances for various reasons. Mr. Davis is and was at all times, the key government witness against
Miller.” 

Lindsey said counsel has additional reasons for seeking the continuance and it wishes the court to consider under seal. The reason for the continuance request, Lindsey said, is the reasons involve plea discussions that if revealed, might improperly jeopardize the resolution of the
case. 

Davis was fired last January and Miller resigned as commissioner June 1, 2017. 

Davis’ court date was continued until 9 a.m. Sept. 4 at the federal court building, located at 100 Otis St., Asheville.