A man who has already spent a lengthy time in prison may be headed back for another stint in federal prison.
Federal Magistrate Judge Chris Steger on Tuesday ruled that Lendell Otis Davis, 33, will have to remain in detention until Judge Curtis Collier determines on Oct. 9 whether his probation should be revoked.
A federal probation officer said Davis failed to call for mental health treatment, failed to have drug treatment at CADAS and failed drug screens. Then he got arrested in connection with the armed robbery of a Boost Mobile store on E.
Magistrate Judge Steger told Davis, "Your brief period of supervision was a spectacular failure."
He said during the robbery of the cell phone store that Davis's wife was the manager and "she conveniently stayed in the restroom the whole time of the robbery."
Charges were later dismissed against Eureka Garth, and Davis got time served on a plea to facilitation of robbery. He had served 13 months after his arrest in that case.
Davis testified Tuesday that it was his brother, Charles Roosevelt Rizer III , and his cousin, Timothy Lewis Byrd Jr., who actually carried out the robbery. A man held a gun on a clerk and two customers, then cleaned out two registers. Davis was also ordered to make $1,500 restitution to the store.
Davis said Tuesday he was not involved in the robbery, but pleaded guilty to the reduced charge because he was told he could get as much as 36 years if he went before a jury and lost.
Davis said he went into prison in 2008, serving three years in federal and five years in state.
He said he got hooked on drugs while incarcerated, and he said he was not ready for drug treatment when he got out. However, he said he has been clean during the last 13 months of jail and wants treatment now.
On one drug screen, he tested positive for cocaine and marijuana and another for meth and cocaine.
He declined to tell prosecutor Perry Piper who he got the drugs from. He said, "They're easy to get. There are a lot of little dealers out there."
In January, 2017, Davis was charged with stealing a large contemporary painting from a residence on Tremont Street in North Chattanooga. The resident called police in late November to report the break-in. He said he discovered that items were missing, including the painting, when he arrived home.
The next morning, police said Davis tried to sell the painting to a businessman on Main Street. The businessman had also been burglarized and he felt Davis was a suspect. He told him he was not interested in buying the painting.
After Davis left, the businessman called police, saying he believed the painting was stolen. He turned over a video of Davis coming into his store with the painting. He noted that a woman's name was on the back of the painting. The Tremont Street resident was shown the video, and he identified the painting. He noted that the artist had written her name on the back of the original painting.
Davis, who has an extensive criminal record, was charged with aggravated burglary and theft over $1,000.
He was charged with first-degree murder, attempted first-degree murder and aggravated carjacking after an incident in 2003. The murder and attempted murder charges were dismissed. He got a four-year sentence for attempted carjacking and aggravated assault.