YORK, Neb. Update September 13, 2016:
At the request of the county prosecutor, York county judge Linda Caster Senff Tuesday dropped theft charges pending against Scott Davis.
Davis was arrested for drunk driving and theft in York county September 4th. He was caught with property stolen from the home of Jordan Foltz of Greeley. Foltz is the brother of the late Nebraska football player Sam Foltz and had been in Lincoln attending the Huskers' first game when his home was burglarized September 3rd.
Court records indicated that York county authorities dropped the theft charges because the Greeley county attorney intended to prosecute Davis on the same stolen property.
Charges have been filed against a man suspected of burglarizing the home of the brother of Nebraska punter Sam Foltz, who died in a car crash this summer.
Court records say 38-year-old Scott Davis, of Lennox, South Dakota, is charged with two felony counts of theft, receipt of stolen property; one count of driving while his license was revoked; and one count of driving under the influence, third offense.
Authorities say Davis was stopped Sunday on Interstate 80 in York County for driving under the influence. Authorities say Davis had with him items stolen Saturday from the Greeley County residence of Jordan Foltz.
Jordan Foltz and other family members were at Saturday's Husker game in Lincoln.
The Greeley County Sheriff's Department confirms Tuesday an arrest has been made in Saturday's burglary at the home of Jordan Foltz, brother of late Husker punter Sam Foltz.
According to the York County Sheriff's Department, Scott Davis, 38, was stopped in York County early Sunday morning on suspicion of Driving While Intoxicated. A deputy reportedly found items on him from the Foltz home and some property from Hooker Bros construction company in Greeley. Davis was arrested for possession of stolen property and will be extradited to Greeley.
The burglary happened sometime after the Foltz family left home around noon Saturday to attend the Husker opener in Lincoln against Fresno State and before they returned around 3 a.m. Sunday. The thief took items worth roughly $1,400, including a television and tools.
In his Facebook post Jordan Foltz said, "These past few weeks have been some of the most hard, tiring, emotional and trying times I've ever ran up against in my thirty years on this earth as I lost a friend a role model and most importantly a brother. And tonight as we celebrated and mourned my brother for all he accomplished in his career as a Person a Nebraskan and a Husker in Lincoln someone was back here in our home town breaking into my house and my vehicles probably seeing our family as a easy target as we were all in Lincoln."