A Cincinnati developer has been re-arrested on a theft charge, two days after a federal judge overturned his fraud conviction. LaShawn Pettus-Brown had been convicted of taking tax money meant for the renovation of the city's Empire Theater, and spending it on himself instead. That conviction was thrown out on Tuesday. But now he's back in custody on a state charge of theft by deception. He's to be arraigned this morning. Pettus-Brown's lawyer says the state charge isn't unexpected but is disappointing nonetheless. The state charge accuses Pettus-Brown of deceiving the city to get money. The federal charge accused him of transferring money to bank accounts outside the state. Federal prosecutors have a few more days to decide whether to ask US District Judge Sandra Beckwith to reconsider her decision to overturn the conviction.