Bail reduced for expecting father

By Amaris Elliott-Engel / The Citizen

Wednesday, April 6, 2005 9:15 AM EDT

AUBURN - A Rochester man facing prison for an attempted drug sale charge had his bail reduced in Cayuga County Court Tuesday so he can be home for his fiancee's delivery of twins.
The fiancee of George Davis, 24, is confined to bed and is expected to deliver by the end of this month, defense attorney Simon Moody said.

Davis pleaded guilty March 23 to a felony charge of third-degree attempted criminal sale of a controlled substance. His sentencing is scheduled for April 26.

Davis' bail was reduced from $4,000 cash and $8,000 bond to $1,500 cash and $3,000 bond, which Davis' mother said she could afford to pay.

Both Moody and Chief Assistant District Attorney Jon Budelmann said Davis had faithfully appeared at his court appearances when he was released on his recognizance prior to being indicted by a grand jury.

In August and September, Davis, along with other companions, sold cocaine in Auburn.

Davis faces three to six years in prison because he is a second felony offender. Davis was convicted July 2001 to third-degree robbery in Monroe County.

Also in court:

• Mathias Smith, 28, of Lyons, was sentenced to two to six years following a felony conviction of third-degree criminal sale of a controlled substance. Smith admitted he sold cocaine March 31, 2004, on 729 Karner Road in Montezuma.

• Thomas Theimer Jr., 24, of 30 Washington St., Apt. B-Upper, Auburn, waived objection to a potential conflict of interest that his defense attorney, Moody, might have with another client. Moody has represented Theimer's ex-girlfriend in the past.

Theimer was romantically involved with Moody's other client at the time Theimer is accused of stabbing Brad Vargason, 21, in the face with a knife.

Theimer faces three charges of second-degree assault and one charge of third-degree criminal possession of a weapon in connection with the Aug. 14 incident.

A special prosecutor, Tompkins County District Attorney George Dentes, is prosecuting the case because of a connection between the alleged victim and the District Attorney James Vargason.

Staff writer Amaris Elliott-Engel can be reached at 253-5311 x282 or at amaris.elliot-engel@lee.net

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