TOPEKA, Kan. (AP) — Democratic challenger Paul Davis has pulled his first television ad of the Kansas governor’s race after the state Republican Party questioned the background of an actor in the spot.

The ad featured Davis responding to criticism from Republican Gov. Sam Brownback’s campaign and other groups. Topeka actor Jeff Montague was in it.

City of Topeka spokeswoman Suzie Gilbert confirmed that Montague was arrested in October 2007 for soliciting sodomy and entered into a diversion agreement but could provide no further details. Such agreements allow people to avoid prosecution.

Kansas GOP Executive Director Clay Barker questioned Davis’ judgment for using Montague.

Davis said he pulled the ad immediately and apologized for what he called a mistake.

Montague did not immediately return a telephone message seeking comment.