Case against ex-Wildcat Davender goes to grand jury

The attorney for a former University of Kentucky basketball star accused of running a ticket scam said his client can provide the tickets he promised to three people or give them a refund.

Ed Davender, who was arrested Sept. 1, is accused of taking money from at least three people and promising them UK basketball season tickets that he didn't have, police say.

He appeared in Fayette district court Wednesday for a preliminary hearing. Fayette District Judge Bruce Bell sent Davender's case to the grand jury.

Davender's attorney, Stephen McFayden, argued during Wednesday's court proceedings that the case against Davender is a civil matter that should not be handled in the criminal court system.

Davender "has the ability to produce the tickets," McFayden said. But the tickets were not available when the individuals bought them from Davender, which resulted in a "big misunderstanding," McFayden said.

Davender, 43, faces three felony counts of theft by deception. Three people say they gave Davender a total of $5,846 after he offered to sell them tickets for the 2009-10 season, according to court records. Since Davender's arrest, police have received calls from others reporting irregularities, but no new charges have been filed.

McFayden said Davender is taken aback by the charges against him.

"He had no intention to defraud anyone," McFayden said after Wednesday's hearing.

Davender also was charged with having a prescription not in the proper container and trafficking in a controlled substance within 1,000 yards of a school. Court records state that Davender had 14.2 grams of marijuana in two jars in his Jeep Cherokee at the time of his arrest.

"Ed's not trafficking marijuana," McFayden said. "Does he have an issue with smoking marijuana? I don't know."

Davender has pleaded not guilty to the charges.

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