Former Texas school bus driver convicted of sunbathing nude at a middle school sues police, prosecutor

Published 6:00 am Wednesday, October 7, 2015

Tison Middle School

WEATHERFORD, Texas — A former school bus driver found guilty last year of sunbathing naked on school grounds has filed a lawsuit in federal court against the City of Weatherford prosecutor and two police officers who responded to the incident. 

Mayford Kenneth Davis Jr., 70, of Weatherford, claimed during his trial in December that he did not technically expose himself, but was instead wearing women’s panties. However, Municipal Court Judge Robert Galbreaith found him guilty of  class C misdemeanor disorderly conduct – indecent exposure  and fined him $289. 

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Davis, who federal judges say has filed fraudulent documents in the past and has used the threat of litigation to extort money, alleges police officers Jessica Richard and Justin Holcomb lied to the court and that municipal court prosecutor Catherine Zellers “urged” them to provide false statements during the trial. 

Zellers could not be reached for comment Tuesday. 

Police responded to the school on the Sunday afternoon of Oct. 26 after receiving a call from a 58-year-old man reporting a naked man was lying face down in a grassy area behind the Tison Middle School building.

The original caller did not testify during the trial. 

Both officers testified that they saw Davis naked except for shorts around his ankles when they drove up. 

Davis was lying on a lawn chair and was clearly visible from three directions, the officers testified. 

According to a police press release issued at the time, Davis told the officers he sunbathed regularly due to a Vitamin D deficiency.

Davis brought a briefcase containing women’s underwear to the trial and told the judge that he was wearing leopard-print, nude-colored panties under a pair of shorts, which were pulled up before officers saw him. 

The officers did not see him naked, Davis said. 

He told the judge that he chose to lay out at the school because there were children at his nearby apartment complex.

Davis, who represented himself during the trial, told the court that he lost his home and job as a result of the incident and media coverage. 

Davis made several requests in the lawsuit, including for $5 million, removal of media coverage of the incident from the Internet and apology letters. 

Davis is a tax protester and filed false documents to harass U.S. government employees who were attempting to collect delinquent taxes from him, the federal government told a judge in a lawsuit filed against Davis in August 2011. 

U.S. District Judge Terry Means found Davis filed fraudulent statements naming federal employees as debtors and false notices of liens against federal employees and ordered Davis to pay all court costs. 

Davis also filed four lawsuits against financial companies in 2011 and 2012, alleging they had obtained his consumer credit reports illegally and reported false information to the credit reporting agency. 

Davis, who represented himself, lost all four lawsuits. 

Federal Judge John McBryde in March 2013 sanctioned Davis, finding that he filed allegations with the court intended to harass the defendants. 

Davis was ordered to pay more than $6,100 to reimburse for legal expenses. 

He was also required to get the permission of the court to file any similar lawsuits as well as provide a copy of the judge’s sanctioning order to anyone he threatened to sue for similar claims. 

Davis was successful in obtaining three payments of $1,000 or more from similar activities, the judge wrote.

Last week, McBryde dismissed a $5 million lawsuit filed by Davis, who accused a woman of making false claims of child sexual abuse during child custody proceedings in the 1990s. The woman told McBryde that Davis was retaliating and harassing her because he did not believe he should be ordered to pay back child support. 

The Weatherford (Texas) Democrat provided details for this story.