Scott County

Former Scott County deputy pleads guilty to stealing drugs from evidence safe

William  
Jeremy Day 
is free until his sentencing 
on Oct. 6.  Prosecutors want him to serve five years.
William Jeremy Day is free until his sentencing on Oct. 6. Prosecutors want him to serve five years. Lexington Herald-Leader

A former Scott County deputy sheriff accused of taking narcotics from an evidence safe pleaded guilty Monday.

William Jeremy Day, 38, changed his plea in Scott Circuit Court before Judge Rob Johnson, said Day's attorney, Jerry Wright. Day had been scheduled to go on trial in July.

Day was indicted in 2012 on six counts of theft of a controlled substance and one count of theft by unlawful taking.

He pleaded guilty to one count of theft of a controlled substance; the other charges were dismissed, Wright said. In his plea, Day reserved the right to appeal the judge's earlier decision that certain statements and video evidence would not be suppressed at trial, Wright said.

Scott County Sheriff Tony Hampton testified during a hearing in June that other deputies had made him aware in 2011 of irregularities surrounding the evidence safe where seized drugs and cash were kept. Kentucky 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 back injury, according to testimony.

The commonwealth's attorney has recommended a sentence of five years in prison plus restitution on all the indicted offenses.

Last year, the judge 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.

Day is scheduled to be sentenced Oct. 6 and will be free until then, Wright said Monday.

"It was a fair plea," Wright said. "It was well thought out and negotiated over a period of time."

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