Former DeKalb County Schools superintendent Devon Horton will change his not-guilty plea in a federal wire fraud and embezzlement case during the week of Oct. 5.

Horton's attorney Terence Campbell disclosed the plan at a Wednesday, Sept. 30, pretrial conference before U.S. District Judge Thomas Durkin in Chicago, Atlanta News First reported. Campbell said the plea change is not part of a cooperation deal with the government. He did not specify whether Horton would plead guilty or no contest.

Horton, who resigned from the DeKalb district after a federal indictment in fall 2025, originally pleaded not guilty to 16 counts of wire fraud, tax fraud and embezzlement.

The move follows a plea agreement signed Tuesday, Sept. 29, by co-defendant Samuel Ross, who agreed to testify against Horton and two other co-defendants at a trial scheduled to begin Oct. 21.

According to the Evanston Roundtable, Ross confessed to one count of wire fraud. Prosecutors agreed to dismiss his three remaining charges after sentencing and estimated his sentence at 37 to 46 months.

Ross's plea agreement described a scheme in which Horton allegedly awarded false contracts and approved payments from Evanston/Skokie School District 65 to Ross's company, Asset Protection, for loss-prevention work that was never performed.

Ross then allegedly returned a portion of those payments to Horton as cash kickbacks. According to the plea deal, Ross received about $124,500 through the scheme and paid at least $30,000 back to Horton.

The federal indictment alleged Horton steered more than $280,000 in contracts to three associates and received more than $80,000 in kickbacks between 2020 and 2023 while leading the Illinois district, according to ABC7 Chicago.

He was also charged with using a district purchasing card to buy personal meals, gift cards and travel expenses totaling more than $30,000.

"My obvious question is, is this case really going to trial?" Judge Durkin asked attorneys at the Sept. 30 hearing, after learning two of the four defendants were expected to change their pleas.

Attorney Rebecca Kaiser, representing co-defendant Antonio Ross, said her client intends to proceed to trial. The attorney for a fourth co-defendant, Alfonzo Lewis, was not present at the hearing.

Horton led DeKalb County Schools, Georgia's third-largest district with about 93,000 students, from July 2023 until the board accepted his resignation in October 2025. The board had extended his contract to 2028 and raised his salary to $360,000 just months before the indictment.

After his departure, the board appointed Norman Sauce III as acting superintendent. On Sept. 14, the board voted 4-3 to name Sauce the sole finalist for the permanent position, with a final vote scheduled for Monday, Oct. 5.

Horton also faces separate Georgia state charges. A DeKalb County grand jury indicted him Aug. 4 on one count of aggravated assault and two counts of third-degree cruelty to children. Prosecutors allege he strangled his wife in front of two of the couple's children in January.

Each wire fraud count carries a maximum penalty of 20 years in prison. The final pretrial hearing is set for 10 a.m. Thursday, Oct. 8.