In January, Lewis had removed the local office from the case after Elizabethtown lawyer Alan Maynard filed a vindictive prosecution motion on Smith’s behalf after an attempt was made to increase Smith’s bond.
Lewis must hear arguments on the motion since she made the original ruling. The case has been turned over to the Cumberland County District Attorney’s office.A motion by the district attorney’s office over its removal from the case involving Dublin sweepstakes business owner Jeffrey Smith was continued Monday because Superior Court Judge Ola M. Lewis was unavailable.
A date to hear the motion was not set. The sides will try to find an agreeable date when Lewis is available.
In Maynard’s motion in January to dismiss the prosecution from Smith’s case, it stated:
** That on Jan. 10, 2013, defendant was charged in Bladen County on criminal summonses with two misdemeanor electronic sweepstakes violations. The cases were tried before a jury for nine days. The jury deadlocked and a mistrial was declared. The charges are still pending, but not due to any request by the defendant.
** In June, 2014, defendant was charged in Columbus County, the same prosecutorial district, with two misdemeanor counts and two felony counts, for the same conduct. The charges are still pending, but not due to any request by the defendant.
** That, on various occasions, the defendant, and his attorneys, have requested that the district attorney and his staff and law enforcement go to the establishments in Dublin and view all Internet promotions offered by the defendant’s wife’s company.
** Nevertheless, on May 29, 2015, the Dublin locations were raided by the Bladen County Sheriff’s Office with District Attorney Jon David and members of his staff present.
** That the district attorney and his staff watched as excessive and unnecessary force resulted in substantial damage to property owned by the defendant’s company and by the defendant’s wife’s company.
** That the damage to the real and personal property is in excess of $10,000.
** That many items were damaged that had no connection to the alleged offenses and, in fact, items like LED lights were damaged and left at the scene.
** That the district attorney, in a prearranged press conference, stated that the arrest meant “the last bet has been placed and the game is over,” knowing that no betting was involved with the defendant’s business.
** That, at the conclusion of the raid, the defendant was arrested for an alleged violation of NCGS 14-306.3(b) and 14-306.1.A on April 29, 2015. Only two warrants were served on defendant.
** That on July 6, 2015, the district attorney submitted 16 additional indictments for alleged violations.
** That defendant now stands charged with 20 indictments for the same conduct.
** That the 2013 charges that ended in a hung jury alleged violations of 14-306.4(b). Now, defendant is charged with two additional counts alleging violations on the same statute.
** That the defendant now stands charged with seven alleged violations of 14-306.3(b) and seven alleged violations of 14-306.1A.
** That the defendant further now stands charged with two allegations of violations of 14-292.
North Carolina General Statute 14-306.1A involves types of machines and devices prohibited by law, 14-306.3 involves certain game promotions as unlawful, 14-306.4 involves electronic machines and devices for sweepstakes being prohibited, and 14-292 involves gambling.
Also, in January, Smith and his wife, Holly Smith, filed a civil lawsuit against District Attorney Jon David, Bladen County Sheriff James McVicker and Deputy Travis Deaver seeking in excess of $10,000 from damages to property during the 2015 raid of his sweepstakes businesses. That case is still pending.
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