GEORGETOWN — A former Scott County sheriff's deputy sheriff accused of taking narcotics and cash from an evidence safe has accepted a plea offer and apparently will change his plea next month, according to court records.
William Jeremy Day, 38, is scheduled to change his plea Aug. 4 in Scott Circuit Court before Judge Rob Johnson. He had been scheduled to go on trial Monday in Scott Circuit Court.
Day was indicted in 2012 on six counts of theft of a controlled substance and one count of theft by unlawful taking.
Day and his attorney, Jerry Wright of Lexington, have accepted and signed a plea offer tendered by the commonwealth's attorney's office. Under the plea deal, Day would plead guilty to one count of theft of a controlled substance. The other charges would be dismissed.
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The commonwealth's attorney would recommend a sentence of five years in prison plus restitution on all the indicted offenses, according to a plea deal filed Thursday.
The plea deal came after the defense lost motions to suppress and exclude certain statements and testimony.
Scott County Sheriff Tony Hampton testified during a hearing June 11 that other deputies had made him aware in 2011 of irregularities surrounding the evidence safe where seized drugs and cash were kept. Hampton asked Kentucky State Police to investigate. State police Detective Kevin Calhoun testified that Day initially denied taking anything, but that he later "admitted to taking several pills out of the safe."
Day said he took the pills to ease pain from a previous back injury, Calhoun testified at the hearing. Sheriff Hampton testified that Day was not supposed to have the combination to the safe.
Recordings from a surveillance camera inside the sheriff's department showed Day moving the camera away from the safe, and later moving the camera back to its original position. Day admitted to Calhoun and state police Detective David "Buck" Brennan that each time he moved the camera, he took pills from the safe, Calhoun said.
Last year, Judge Johnson rejected a proposed plea deal in which Day would have served no jail time. Johnson said at the time that pretrial diversion was too lenient a punishment. The judge's decision stopped Day from entering a guilty plea in the case.