Democratic gubernatorial candidate Paul Davis has pulled a campaign ad after finding out that an actor in one of his latest commercials had been arrested for sexual crimes.

Davis, Kansas' current House Minority Leader, is running for governor against current Governor Sam Brownback.

In the ad, Davis uses an actor by the name of Jeff Montague to mock attack ads seen often in close campaign races.

Factfinder 12 found out about Montague's background while fact checking the new ad.

Topeka Police confirm in October 2007 Montague was arrested at a park in Topeka for solicitation of sodomy during a prostitution sting operation. He was granted a diversion in Topeka's Municipal Court.

The information was released by the Kansas Republican Party and sent to KWCH by the Brownback campaign. FactFinder 12 independently confirmed the arrest with Topeka Police and Topeka's Municipal Court.

Minutes after FactFinder 12 called and emailed Davis' campaign for a comment they sent the following statement:

"We produced a series of ads. Today, it was brought to our attention that a participant in one of those ads has serious issues in his background. Upon hearing of these issues, the ad, which ran for a few hours, was pulled down immediately. I want to apologize to Kansans for this mistake."

The Kansas Republican Party says it's bothered by the last thing Davis says in the ad. "Thanks, Jeff. You're not so bad yourself," said Davis.

"The use of an actor with this sort of background raises serious questions about Paul Davis' judgment and what kind of people he would surround himself with if elected," said Clay Barker, executive director of the Kansas Republican Party.

FactFinder 12 asked the Davis campaign about Barker's comments but they told us they have no further response.

Political analyst Dr. Russell Arben Fox said the campaign did exactly what it should have done, pull the ad immediately.

"Given the kind of reality they have to work with, given the reality of America today, given the access to information, this is something they shouldn't have let happen, but they did," said Arben Fox.

He said because it's so easy for people to access public records, political campaigns must do a better job vetting everything that might be connected to them in a negative manner.

"No doubt someone in the Paul Davis campaign right now is being chewed out for not doing proper vetting," he said.

When asked if it will matter to voters come November, Dr. Arben Fox said it likely would not.

"If you see it again and again and again, little mistakes that don't really matter to anybody except for the people who keep track of mistakes, then you begin to get the idea that this candidate, if they're not paying that much attention to prevent these types of mistakes from piling up, maybe there's other things that this candidate wouldn't pay attention to," he said. "If these sorts of things pile up that might be indicative, but I haven't seen a lot of such piling thus far."