Continuance granted for counsel medical reasons; trial set for Nov. 7

ASHEVILLLE — The federal case of former Tryon Fire Chief Joey Davis was continued again.

His trial, for a charge of conspiracy to commit federal program fraud, was set for Tuesday, but continued late last week until Nov. 7.

This is the 10th time Davis’ case has been continued since he was arraigned on April 12, 2017.

The continuance was requested on Friday, with the reason being that Davis’ counsel is recovering from a medical condition.

Attorney Stephen Lindsay, out of Asheville, is representing Davis.

“As grounds, counsel states that he is currently recovering from a medical condition that limits his ability to properly prepare for and effectively represent the defendant at a trial,” states the motion to continue. “Counsel states that defendant consents to this motion so that defense counsel may represent defendant at trial without medical limitation. Counsel further represents that the government does not oppose the requested continuance. The court finds that this case should be continued. If the requested continuance were not granted, the court finds that defendant would be denied ‘continuity of counsel’ and/or counsel would be denied ‘the reasonable time necessary for effective preparation, taking into account the exercise of due diligence.’”

Davis was fired as Tryon fire chief in January 2017, and federally charged last April. The charge stems from Davis allegedly using town credit cards while he was both Tryon town manager and fire chief to pay for then town commissioner Roy Miller’s personal bills.

Miller was federally charged in April 2017 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, according to federal documents.

Miller pleaded guilty to his charges on April 20, and is currently being held in federal custody after violating his terms of release twice; once for testing positive for cocaine and again after he was arrested over the summer by the Columbus Police Department for allegedly stealing two candy bars from a Columbus gas station.

A sentencing hearing in federal court has not yet been set for Miller.

Miller resigned his elected position as town commissioner last June after serving the town for about 14 years as commissioner and, during some terms, also as mayor pro-tem.

Davis’ trial is now set for 9 a.m. Wednesday, Nov. 7, at the federal court building, located at 100 Otis St., Asheville.