WILMINGTON – The alleged leader of the Marlena Park Gang will stand trial Sept. 22.
The final pre-trial hearing for Phillip T. Davis, who is charged with 529 various drug-related charges, took place Tuesday. The pre-trial hearing on July 31 was supposed to be the last pre-trial hearing until Davis stood trial in September, but new information brought up by prosecutors, which Davis’ attorney, John Kaspar wanted to review, created the pre-trial hearing Tuesday.
It was also decided at the July 31 hearing that the trials would be split up, as 529 is “too confusing” for a jury, said Clinton County Court of Common Pleas Judge John W. “Tim” Rudduck.
Instead, it was decided there would be multiple trials with 20 counts in each trial. The state was instructed to choose the first 20 counts Davis will stand trial for and report back at Tuesday’s hearing.
The state, represented by prosecuting attorneys Brian Shidaker and Matt Suellentrop, presented the first 20 counts Davis will stand trial for, which include 19 counts of trafficking cocaine in the fifth degree and one count of engaging in a pattern of corrupt activity, a first-degree felony.
The state offered Davis a 12-year prison term for the first 20 counts, with the potential to be released after six years providing Davis demonstrates good behavior. Davis rejected the offer.
The trial is expected to last three or four days, and Rudduck said jury summonses will be mailed out soon for the first trial. Overall, there will be 26 or 27 trials and jury summonses for each will be sent separately.
The first day of Davis’ trial will be Sept. 22 at 9 a.m.