c071204Closed Session from Regular Meeting — July 12, 2004
At 5:30 p.m. the Board adjourned to closed session to consult with the County Attorney to consider
and give instructions concerning a judicial action titled "State of North Carolina, on Relation of, County of
Randolph vs Clarence Ray Jernigan individually and d/b/a Heath Amusement; Heath Cigarette and Music
Service, Inc. d/b/a Heath Amusement; and James Worth Heath individually and d/b/a Heath Amusement."
Commissioners Holmes, Davis, Mason, Kemp, and Frye were present. Also present were Frank Willis,
County Manager; Aimee Scotton, County Attorney; Alice Dawson, Clerk to the Board; and Litchard Hurley,
Sheriff Rodney Johnson, Alcohol and Law Enforcement (ALE) Agent, entered this closed session at 6:20
p.m.
Ms. Scotton explained that she had retained Randy Reavis of Nexsen Pruet Adams Kleemeier to
represent the County for Phase One of this action, at a cost not to exceed $5000, which consisted of the
preparation of the initial pleadings and motion papers. If the Board chooses to retain this firm further, Phase
Two goes through the trial. If we win, attorney fees would be determined and awarded by the Court and
would come from the defendants, not the County. Phase 3 would be the attorney's pursuit of collection of
damages and forfeitures awarded. The attorney firm will receive a contingent fee equal to one-third of any
such amounts recovered.
Sheriff Hurley reviewed the history of the investigation of Heath Amusements that began in January
2003. The investigation began as a result of numerous citizens complaining that they or family members had
lost lots of money in video poker machines. The ALE officer working on this case is in Greensboro this
afternoon in a preliminary injunction hearing on this matter. The injunction is for all 232 machines across the
state.
Sheriff Hurley stated that ALE set up a fake store in Asheboro and called the top four vendors of video
poker machines. Only Bucky Jernigan (Heath Amusement) responded. He told the ALE officer who was
posing as an employee of the store that they (employees) should not say anything if they were caught, that he
would take care of court cost and attorney fees for them.
Sheriff Hurley reported that vendors must report quarterly the money made from each machine. ALE
has evidence that Heath Amusement made much more than they reported.
If the County prevails in this case, the County will receive monetary awards and can confiscate items.
There could be felony charges of money laundering and racketeering against the defendants; IRS could charge
them with tax evasion.
Rodney Johnson, ALE Officer, entered the meeting at 6:20 p.m. He reported on the preliminary
injunction hearing he had just come from. The judge has not made a final decision on the injunction yet; he
would like for us to reach a compromise. The defendants want the injunction to apply to Randolph County
only so that they can continue to operate their machines in other counties. The judge will make a ruling on
this Friday, July 16.
On motion of Mason, seconded by Davis, the Board voted unanimously at 6:30 p.m. to end the closed
session and return to open session.
J. Harold Holmes
Darrell L. Frye
Robert B. Davis Robert O. Mason
Approved: August 2, 2004 Unsealed: June 6, 2005
Phil Kemp
Alice D. Dawson, Clerk to the Board