Same name check casher acquitted - WALB.com, Albany News, Weather, Sports

Same name check casher acquitted

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January 31, 2006

Albany -- A Dougherty County jury finds a man not guilty of theft for cashing a three thousand dollar check the city sent him by mistake.

Nathaniel Davis celebrated with his family outside the courthouse after the jury found him not guilty on all three theft charges.

In 2003 the city mailed Nathaniel Davis the check meant for city attorney Nathan Davis. He cashed it. Davis says eight months later, sheriff's deputies arrested him at his home.

Davis says that no one ever contacted him about the mistake, asked for the money back, or gave any notice of the error-- they just arrested him.

"They come take me out of my house in handcuffs, and put me in jail. And say I had stole the check, and I did not steal anything. That's why I did not plead guilty to it, and today I still did not plead guilty, and I got found not guilty on all counts."

The jury deliberated about three hours before finding Davis not guilty. Now he says he will sue the city for prosecuting him.

Davis says he still has not paid back the three thousand dollars and now plans to make the city pay him more.

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