A Fayette County grand jury will consider filing an indictment in a theft-by-deception case against former University of Kentucky basketball player Ed Davender.
Davender appeared in Fayette District Court Thursday for a preliminary hearing on a charge that he never produced NCAA men's Final Four tickets for which he took $4,000 from a Louisville man. The case was waived to the grand jury.
It was the third time that Davender appeared on the charge. Two previous preliminary hearings were delayed after Davender showed up without an attorney.
At the previous hearing, Sept. 16, Judge Megan Lake Thornton said the court may allow Davender to serve a sentence concurrently with an 8-year sentence he has already received for 19 other counts of theft by deception. However, Stephen McFayden, Davender's attorney, said they had been unable to work out a plea deal with the Fayette County attorney's office.
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If a plea deal is possible, "it will likely happen between now and an indictment," McFayden said. "I'm anticipating it's going to move pretty quickly."
The Fayette County grand jury typically returns indictments within 60 days.