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Tue, Dec 02 2008 

Published: December 07, 2007 10:21 pm    print this story   email this story   comment on this story  

Boyd man pleads not guilty to sodomy

By KENNETH HART - The Independent

CATLETTSBURG A Boyd County man accused of sex crimes against a teenager pleaded not guilty Friday in Boyd Circuit Court to 49 counts of sodomy.

Robert R. Davis, 39, of Rush, could be sentenced to up to 260 years in prison if he is convicted on all the charges.

Through his attorney, Damian Gallaher, Davis entered not-guilty pleas to one count of first-degree sodomy and 48 counts of third-degree sodomy.

First-degree sodomy can be either a Class A or Class B felony, depending on the age of the victim. In Davis’ case, it is a Class B felony that carries a prison sentence of 10 to 20 years.

Third-degree sodomy is a Class D felony punishable by a prison sentence of one to five years.

The charges against Davis involve a male victim who is not related to the defendant. The alleged offenses all occurred when the victim was a juvenile.

Davis initially was charged with 10 counts of first-degree sodomy. However, prosecutors sought an amended indictment after a review of evidence indicated only one of the alleged incidents involved forcible compulsion.

The Kentucky State Police launched an investigation of Davis after his alleged victim came forward in the spring.

Judge C. David Hagerman scheduled Davis’ trial for March 17. He also granted a request to lower the defendant’s bond but not to the level his attorney requested.

Davis’ bond was initially set at $100,000, full cash. Gallaher asked the judge to consider lowering it to 10 percent or making it unsecured, which would have allowed his client to be released from jail on a signature.

Gallaher noted the charges against Davis all involved a single individual, which he said was an indication he did not pose a threat to the community.

Assistant Commonwealth’s Attorney Scott Reese strongly objected, citing the serious nature of the charges.

Reese also said his office had “very strong evidence” against Davis, and he anticipated prosecutors would be ready to proceed as scheduled with Davis’ trial.

In the end, Hagerman agreed to reduce Davis’ bond to half its original amount.

KENNETH HART can be reached at khart@dailyindependent.com or (606) 326-2654.

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