FORMER BEAUMONT CITY COUNCILMAN IS BACK IN PRISON

After testing positive to marijuana use, a violation of his probation on a
bribery conviction, former Beaumont city councilman John K. Davis asked for
mercy. His wife is seven months pregnant and he has a 3-year-old daughter,
Davis told U.S. District Judge Thad Heartfield.

Instead of allowing Davis to remain on probation, Heartfield reminded him
Friday that at the time of sentencing 18 months ago he had warned Davis of
the consequences should he reappear in his court.

Davis, 33, could have been sentenced to as little as three months and as
much as nine months in prison, but Heartfield accepted a motion from the
U.S. attorney's office to depart from the guidelines and sentenced the
former councilman to a full year in prison.

The judge also ordered Davis to immediately pay a $11,000 fine and $7,390
in restitution to the Jefferson County Narcotics Task Force.

Davis was placed on five years probation in September 2000 after pleading
guilty to accepting a bribe as a councilman in exchange for his favorable
vote on a zoning ordinance that would have allowed a topless bar.

A federal grand jury handed up a 19-count indictment Thursday against the
former councilman and Mayor David Moore, accusing them of bribery, money
laundering, conspiracy and mail fraud. No arraignment date has been set for
the two defendants. Moore has previously denied any wrongdoing.

Davis, as part of his probation, was required to submit to two periodic
drug tests, as well as stay away from other felony offenders and areas
where illegal drugs were being used.

On Feb. 28, the U.S. attorney?s office filed court documents to revoke his
probation, saying traces of marijuana were found during two separate urine
analyses on Nov. 30 and Jan. 14. Prosecutors also alleged Davis tampered
with a third drug test on Dec. 27 and associated with his brother, a
convicted felon, on various occasions without prior permission from the
U.S. probation office.

They also alleged Davis was in places where illegal drugs were being used.

Davis testified he never smoked marijuana, but may have inhaled second-hand
marijuana smoke visiting his brother or while entering the restroom of a
local hotel, where he had been invited to a party.