Former Cushing Walmart Assistant Manager Ordered to Stand Trial
(Stillwater, Okla.) -- Former Cushing Walmart Assistant Manager Bobby Allen Davis has been ordered to stand trial on a felony charge of knowingly concealing about $500 worth of merchandise allegedly stolen from his place of employment.
Davis, 41, of Cushing, waived his right to a preliminary hearing on Feb. 4 and is due to appear in trial court on March 23 for arraignment.
Former Cushing Walmart Support Manager Jacob Estes, 26, of Cushing, who was arrested about 20 minutes after Davis, is scheduled to appear in court on March 4 on a felony charge of knowingly concealing about $500 worth of merchandise allegedly stolen from the store.
Both former management employees were released from the Payne County Jail on $5,000 bail each on Dec. 11, the day after they were arrested at their residences by Cushing Police Officer Bill McCarty, court records show.
Walmart staff said that items recovered from the defendants' homes totaled about $10,000, according to a Cushing police news release.
A Walmart loss prevention employee "had been conducting an in-store investigation regarding merchandise being taken from the store and being sold at various locations," McCarty wrote in an affidavit.
The Walmart employee "learned that an unknown person had attempted to sell a movie to a distributor before the movie was due to be released," the affidavit said.
After an internal investigation indicated that Davis and Estes were the suspects, Walmart contacted the Cushing Police Department, McCarty's affidavit said.
When the officer talked to Estes in a Walmart office on Dec. 10, "Jacob stated that he and Bobby Davis had been doing this for some time, and even had some items in his car that he had taken from the store during his shift," McCarty's affidavit alleged.
"Jacob Estes retrieved the items from his vehicle and gave them back to Walmart," the affidavit alleged. "The items consisted of an assortment of movies and games and CDs, which totaled $446.92.
"Jacob also gave permission for me to search his vehicle and two more CDs were found that belonged to Walmart, which totaled $28.14," McCarty alleged in his affidavit.
"While talking to Jacob, he stated that that he had more items at his house and he would like to give them back," McCarty alleged in his affidavit.
McCarty then spoke to Davis, who "stated that he and Jacob had been removing items from the store for some time, and he would take some of the items and sell them," the officer's affidavit alleged.
"Bobby also stated that he had other items at his residence and would like to give them back to Walmart," the affidavit alleged.
"While searching his (Davis's) residence, Deputy Chief Folden found a marijuana cigarette on the end table in the living room," the affidavit alleged.
Drug paraphernalia was also found in Davis's residence, which is located 211 feet from the Cushing Middle School, the affidavit alleged.
"During the search of the residence, numerous CDs and games and movies were recovered and taken into evidence," the affidavit alleged.
When Estes' residence was searched, "numerous DVDs, CDs and games along with a lap-top computer and an electronic tablet," were recovered, McCarty alleged in his affidavit.
If convicted of knowingly concealing property stolen from the Cushing Walmart, Estes and Davis could each be given a five-year prison term and a $500 fine.
If convicted of additional misdemeanor counts of possession of marijuana and drug paraphernalia, Davis could be given two one-year jail terms and fined $2,000.
Both defendants had been working the night shift at the Cushing Walmart, according to a Cushing police news release.
"Estes admitted that he and Davis had been taking items from the store for approximately five to six months," the Cushing police news release alleged.
Davis "admitted to taking items from the store with the assistance of Estes. Davis also admitted to selling several items at various locations in Tulsa and Stillwater," the Cushing police news release alleged.