Man accused of breaking into home of Sam Foltz’s brother is headed to trial

A man accused of breaking into the home of the brother of the late Nebraska punter Sam Foltz is headed to trial in Greeley County District Court.

Scott L. Davis, 38, of Lennox, South Dakota, is charged with felony theft over $5,000 and criminal mischief in connection with the theft of global positioning system units from a highway construction site. Monday, he waived his right to a preliminary hearing.

Davis also will be charged in connection with a break-in at the Jordan Foltz home, Greeley County Attorney Cindy Bassett said. The prosecutor said she will file felony charges of burglary and theft along with misdemeanor charges of trespassing and criminal mischief against Davis.

Officials say both the theft from the home and the theft from the construction site occurred Sept. 3 near Greeley, a central Nebraska farm community.

The break-in at the Foltz home occurred while the family was in Lincoln for a tribute to Sam Foltz, who was killed in a car crash in Wisconsin in July. Davis is accused of stealing a television and tools from the home and a vehicle there.

The break-in stoked outrage among Husker fans who concluded that the Foltz residence was targeted by a burglar who likely knew that the owner was out of town for the tribute.

Davis is scheduled to appear in district court on Oct. 17.

Davis also was charged in York County with third-offense driving under the influence of alcohol and driving while his license was revoked. He filed court papers saying he is unemployed and unable to afford a lawyer, so a public defender was appointed to represent him.

A York County sheriff’s deputy had arrested Davis on suspicion of driving while intoxicated on Interstate 80. An inventory of the vehicle Davis was driving included a gas container with the name “Foltz” written on it. A TV belonging to Foltz also was found.

Davis is being held in York County Jail on $20,000 bail and would have to post $100,000 bail in Greeley County. Davis would need 10 percent of both amounts, or $12,000, to be released.