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Tuesday, 25 November 2014 13:09

Crackdown on gaming operations pending new DA input

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In the wake of a state Court of Appeals ruling last week that upholds the convictions of two people in Edgecombe County for violating a state ban on video sweepstakes, law enforcement in Halifax County and Roanoke Rapids are waiting on word from new 6B District Attorney Valerie Mitchell Asbell, who won't be sworn in until January 1, on how to proceed.

Halifax County Sheriff Wes Tripp has letters in waiting to 12 gaming establishments that operate outside town or city limits in the county saying that, “The sheriff's office is obligated to inform you that illegal activities associated with gaming devices will be enforced. We request immediate compliance with the statute. We further recommend the removal of equipment from public access so as to quell any perception of promoting sweepstakes.”

The letter explains that the state Court of Appeals has ruled on the State of North Carolina versus Kawana Spruill and Richard Chapman, affirming the trial court's denial of the defendants' motion to dismiss the charge. The letter said the Court of Appeals found no error in the judgment of the trial court.

“There is evidence,” the letter says, “that current equipment being used to conduct a sweepstakes through the use of an entertaining display, including the entry process or the 'reveal' of a prize is in fact in violation of (state statute).”

Tripp said today, “As a citizen I do not agree with all the laws of the state, but as sheriff, I am sworn to uphold the law. There is special interest that believes the latest ruling is case-specific to Edgecombe County. Upon consultation with the district attorney in Halifax County (Melissa Pelfrey) she does not see it that way.”

Since Pelfrey, however, will be leaving office, Tripp said, “To be fair to the incoming DA, we are waiting on consultation from Valerie Asbell and an opinion from the North Carolina Attorney General.”

If the sheriff's office is given the authority to proceed, the letters will go out, Tripp said. “Once we get the green light, we will have the ruling attached and each outlet will be instructed to cease operation. After 30 days, an inspection will be done for compliance. We will give them a 30-day warning. Anyone found in non-compliance will be cited to court. The sheriff's office doesn't have the storage space or extra manpower to confiscate the machines.”

Tripp said the gaming establishments have not created a problem in the county and compared the pre-reveal machines to fast food restaurant promotions where a prize is revealed on a drink cup or box of fries.

Asbell said, in response to Tripp's comment that he as well as Roanoke Rapids police, are waiting for a response, that until she takes office she couldn't legally talk about matters involving Halifax County.

State Representative Michael Wray said today he was heading to Raleigh to get a better idea on what the Court of Appeals ruling means, not only in Roanoke Rapids, where the Royal Palace Theatre has numerous machines, but what it means for the other communities he serves.

In Roanoke Rapids, interim police Chief Andy Jackson said, “Our stance is we would wait on the new DA to take office. We also have the city manager and city attorney reviewing it as well.”

Jackson, too, said there have been no calls to establishments since a robbery at one nearly six years ago. “We're not going to make any hasty judgments. Our city manager and city attorney are reviewing this issue.”

 

In a statement released last week on the state Department of Justice website, Attorney General Roy Cooper said, “Video gambling has been a source of crime and corruption in our state and that’s why I joined with law enforcement to push to ban it. My office has fought for years to give law enforcement and prosecutors the right to enforce the ban and today’s ruling makes it clearer that they have the authority to crack down on this crime.”

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