The Virginian-Pilot
                             THE VIRGINIAN-PILOT 
              Copyright (c) 1995, Landmark Communications, Inc.

DATE: Friday, April 7, 1995                  TAG: 9504070508
SECTION: LOCAL                    PAGE: B1   EDITION: FINAL 
SOURCE: BY JOE JACKSON, STAFF WRITER 
DATELINE: VIRGINIA BEACH                     LENGTH: Medium:   69 lines

CLERICAL ERROR LETS PRISONER OUT OF JAIL FOR THE NIGHT

A federal prisoner -facing a possible life sentence on drug charges -got an unexpected night on the town Tuesday when he was mistakenly set free.

Roosevelt A. Davis, 54, walked out of a Virginia Beachjail Tuesday when a deputy made a clerical error, jail officials confirmed. The next day, Davis turned himself in to the FBI.

Davis is now back in jail, awaiting sentencing in U.S. District Court on June 9. He refused Thursday to comment on his night of freedom.

However, court records and interviews with law enforcement officials show that Davis' release was partly attributable to paperwork involving the two jurisdictions: federal and Virginia Beach courts.

According to court records, Davis - a Norfolk man with at least two drug convictions and an escape conviction in his past - bought a quarter-kilogram of cocaine for $7,000 from an undercover agent with the Virginia Beach Police Department on Jan. 17. A week later, Davis and another man were arrested when they showed a kilogram of cocaine to the same narcotics agent.

When police searched the houses of Davis, his co-defendant and their girlfriends in Norfolk and Virginia Beach, they found drugs, guns and ammunition, court records show. Davis was charged in state court with conspiracy, possession of cocaine with intent to distribute and two counts of firearms possession. In federal court, Davis was charged with conspiracy to distribute cocaine, a charge punishable by a maximum sentence of life in prison.

Davis was kept in the Virginia Beach City Jail. In March, he pleaded guilty in federal court to the federal charge and agreed to cooperate with the government. Part of the plea agreement provided that the state charges would be deferred. Records of the charges were kept in Davis' jail file, including an order for his detention by federal authorities.

On Tuesday, Davis' state charges were deferred, or nolle prossed, inVirginia Beach General District Court.

When he returned from court, he was released when a deputy failed to spot the federal detainer inside an envelope, said Chief Deputy Paul Lanteigne.

The deputy, who was not identified, has been disciplined, said Lanteigne.

``We process 300 to 500 people in and out of the jail each week,'' Lanteigne said. ``This happens occasionally. We don't like it, but it happens.''

Davis contacted the FBI the next day. Court records show that Davis has a history of turning himself over to investigators.

In January 1991, Norfolk police issued warrants for Davis' arrest in connection with the shooting death of 25-year-old Wesley W. Greenidge.

The day after the killing, Davis arrived at police headquarters with his attorney and turned himself in.

According to court records, the shooting occurred during an argument in Davis' home on Chesapeake Boulevard.

Greenidge broke into the house and started shooting with a .38-caliber automatic.

Davis fired back with a .32-caliber handgun and hit Greenidge three times. Greenidge died an hour later at Sentara Norfolk General Hospital.

Davis was charged with murder and use of a firearm, but both charges were dropped in Norfolk General District Court on March 7, 1991.

According to federal guidelines, Davis faces a possible sentence of 10 years to life without parole when he is sentenced in federal court on June 9. ILLUSTRATION: Roosevelt A. Davis, 54, is now back in jail, awaiting sentencing

in U.S. District Court on June 9. He refused to comment on his night

of freedom.

by CNB