The district attorney’s office and Dublin sweepstakes business owner Jeffrey Smith have spent the past three years at odds whether the electronic machines are legal.
Smith and his wife, Holly Smith, who operated Aladdin and Lil Aladdin, still face several charges related to the business, but Jon David’s office, which serves Bladen, Brunswick and Columbus counties, will no longer be involved in the prosecution.
Superior Court Judge Ola M. Lewis on Monday removed David’s office from the case after Elizabethtown lawyer Alan Maynard filed a vindictive prosecution motion on Smith’s behalf after David’s office attempted to increase Smith’s bond.
Smith said Tuesday that the request was to increase his bond to $500,000.
“It’s been pretty obvious in the media that some of the tactics and some of the things the DA’s office has done is kind of over the top,” Smith said.
“I got multiple legal opinions on how this business operated,” Smith said, “and on multiple occasions, we reached out to the district attorney before we turned the ‘open’ sign on to come and visit the business so we could go over the business model with him. Each and every time, they refused to do so.
“We also opened our doors to the Sheriff’s Department to come in unannounced, at any time, and we would be happy to sit down and go over that.”
In the motion to dismiss the prosecution, it states:
** 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.
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