Illegal voting case dismissed by DA’s office

Robert Smith

The Osage County district attorney’s office has dismissed a felony illegal voting charge filed in late October 2018 against a Hominy man.

Robert Davis III, 66, of Hominy was charged Oct. 26 with having voted twice in the Aug. 28 election. A warrant was issued for his arrest and he was booked Nov. 1 at the Osage County Jail. According to a court record, Davis pleaded not guilty in a hearing Nov. 2.

Mike Fisher was sworn in earlier this month as the new Osage County district attorney, and his staff reviewed the case against Davis. In a hearing last Friday, First Assistant District Attorney Michelle Keely had the case dismissed in the interests of justice.

Keely told the Journal-Capital in a telephone interview Tuesday that it appeared from the materials in the case file that Davis might have voted twice in the Aug. 28 election, but she did not think the evidence was strong enough to prove beyond a reasonable doubt that Davis both voted twice and meant to do so.

The Osage County Election Board had submitted information about Davis’ voting activity for the Aug. 28 election to the district attorney’s office, which assigned an investigator to look into the situation.