Appeals Court Weighs Slot Machines At Poarch Creek’s Gretna Horse Track
May 14, 2015
In a case that could have far-reaching implications, a lawyer argued before an appeals court Wednesday that the state erred in denying a slot-machine license to a controversial North Florida horse track that was the first in the nation to receive a pari-mutuel permit for rodeo-style barrel racing.
Right out of the gate, questions from 1st District Court of Appeal Judge Nikki Ann Clark seemed to indicate support for the position of Gretna Racing lawyer Marc Dunbar, who also owns an interest in the Gadsden County track, which is operated by Poarch Creek Indians of Atmore.
Arguments in the case centered on grammatical analyses of a 2009 law establishing eligibility for slot machines at pari-mutuels, an expansion of a 2004 voter-approved constitutional amendment that authorized slot machines at seven existing horse and dog tracks and jai-alai frontons in Broward and Miami-Dade counties. The 2009 change allowed a Hialeah track, which wasn’t operating at the time the amendment was approved, to also operate the lucrative one-armed bandits.
The 2009 law also expanded eligibility for slots to include facilities in “any other county … pursuant to a statutory or constitutional authorization after the effective date of this section in the respective county.” The law went into effect July 1, 2010.
Relying in part on an advisory opinion from Attorney General Pam Bondi, Department of Business and Professional Regulation officials, who oversee non-tribal gambling in Florida, last year rejected Gretna Racing’s 2013 application for slot machines.
The Gretna facility was designed and built with the intention of eventually adding slot machines, which commissioners in Gadsden County — one of the poorest counties in the state — heartily endorsed. Voters there overwhelmingly approved a referendum in 2012 that would allow the Gretna track to add slots.
But the regulators and Bondi contended that Gretna needed specific permission from the Legislature — or a constitutional authorization — after the law went into effect in 2010 to be deemed a slots-eligible facility.
Dunbar said the simplest interpretation of the statute meant something else, and Clark interrupted him just moments into his opening remarks.
The statute “seems to allow a pari-mutuel facility, even not located in Broward or Miami-Dade, to (get a permit for) slot machines if there’s a referendum that passes. And then it seems that the county passed a referendum. What am I missing?” Clark asked.
“You’re missing the same thing I’m missing, which apparently is the word ‘enacted,’ which the attorney general has attempted to graft into the statute qualifying the referendum to a referendum that occurred via some statutory or constitutional entitlement that was enacted after the passage of the act,” Dunbar said. “You’ve hit the nail exactly on the head.”
But Jon Glogau, an attorney for the state, argued that the 2009 law established “a contingent approval for all the other counties, saying if you have a referendum and it passes, after we give you specific authority, to be exempt from the prohibitions.”
A decision in the case could open the door to slots at horse and dog tracks in other areas of Florida and could put an end to revenue sharing included in a $1 billion, 20-year deal with the Seminole Tribe of Florida. The Seminoles would no longer have to share profits with the state if pari-mutuels outside Miami-Dade and Broward start operating slot machines.
Voters in five other counties — Brevard, Hamilton, Lee, Palm Beach and Washington — have given a thumbs-up to slots at local horse or dog tracks. Only tracks in Gadsden and Palm Beach counties, however, have applied for the slot machine licenses thus far.
Appeals-court Judge Scott Makar seemed alone Wednesday in questioning whether the Legislature had the authority to permit slots outside of the South Florida counties named in the 2004 amendment.
“I’m not convinced that there’s any authority to allow for slot machines anywhere other than Miami-Dade and Broward pursuant to referenda in those counties,” he said. “This is the first time we’ve had an opportunity to actually rule upon the issue of the constitutional authority of the Legislature to extend slot machines into any other county than those two.”
It could take the appellate court months to reach a decision.
The case is under consideration amid uncertainty about the future of a deal between the state and the Seminole Tribe. Lawmakers this spring failed to reauthorize or rewrite a deal giving the tribe exclusive rights to hold banked card games, such as blackjack, at five of its seven casinos. The deal is set to expire July 31. The possibility of slots at horse or dog tracks, or jai-alai frontons, throughout the state, could weaken the state’s bargaining position with the tribe.
“This case, if it’s a pressure cooker, maybe it turns the temperature up. If this court rules in our favor tomorrow, it materially changes the negotiating dynamics,” Dunbar said Wednesday
by Dara Kam, The News Service of Florida
Molino Crawfish Festival Planned
May 14, 2015
Plans are underway for the Molino Crawfish Festival on Saturday, May 30 from 11 a.m. until.
The event will be held at 6490 Highway 29 in Molino, next to Jimmy’s Grill. The family-oriented event will include games, bounce houses, plenty of crawfish and more. Vendor spaces are still available. Call Van at (850) 232-6473 to reserve a space.
Proceeds benefit the Molino Historical Society and area churches.
Fallen Law Officers Honored
May 14, 2015
Fallen offices were honored across Florida this week.
Fifteen Escambia County deputies have died in the line of duty — the first in 1923 and the most recent, Lt. George Hura, Jr., in 2004. A memorial service honoring them was held Wednesday, with roses placed on a law enforcement memorial (top photo).
Santa Rosa County honored fallen officers on Tuesday (pictured left).
And Secretary Julie Jones and members of the Florida Department of Corrections (DOC) leadership team Wednesday honored fallen correctional officers and employees during a wreath laying ceremony at Wakulla Correctional Institution (pictured below). “Each day thousands of brave men and women put their lives on the line to ensure the safety of Florida families,” Secretary Jones said. “Today, and every day, we honor and remember the bravery of those who have made the ultimate sacrifice in service to the State of Florida.”
Courtesy photos for NorthEscambia.com, click to enlarge.
Wahoos Beat Suns 5-1
May 14, 2015
The Pensacola Blue Wahoos (13-20) took advantage of an early lead to put away the Jacksonville Suns (14-18) by a score of 5-1. The victory gives the Wahoos their second consecutive victory and a leg up in the series against Jacksonville, which they now lead 2-1.
Wahoos starter Robert Stephenson (1-4) earned his first victory of the season, throwing 5.0 innings and allowing one unearned run, two hits and four walks. Layne Somsen and Zack Weiss closed out the game with 4.0 scoreless innings. Suns starter Trevor Williams (0-5) is still looking for his first win, as he pitched 4.0 innings and gave up five runs (all earned). Jacksonville’s relievers (Brian Ellington, Greg Nappo and Craig Stem), however, fared much better as they combined to pitch 5.0 perfect innings after Williams’ exit.
The Wahoos were led at the plate by Kyle Waldrop and Ryan Wright. Waldrop had an RBI single and a two-run homer to give him three RBIs on the day, and Wright had a pair of doubles and scored a run.
The Wahoos got off to a hot start as Ryan Wright doubled with one out in the top of the first inning and eventually scored on a Kyle Waldrop single to left. After another single from Seth Mejias-Brean, Kyle Skipworth hit a double to the wall in right-center to score both base runners.
The onslaught continued in the third, beginning with another double from Wright. Waldrop would later hit his fourth home run of the year to left field, giving the Wahoos a commanding 5-0 lead.
The Suns got a run back in the bottom half as outfielder Kenny Wilson walked, advanced to second on a pickoff error, and advanced home on a pair of groundouts.
Pensacola and Jacksonville pitching went on to throw six consecutive scoreless innings to close out the ballgame. In the seventh, a Chadd Krist ground-rule double and an infield single by Wilson allowed the Suns to threaten with runners at the corners, but Layne Somsen was able to get out of the inning unscathed with the Wahoos still leading 5-1. Somsen allowed a pair of runners to reach the corners again in the eighth but, once again, came up big to not allow any damage.
Northview Chiefs Fall In State 1A Semi-Final (With Photo Gallery)
May 14, 2015
Blountstown defeated the Northview Chiefs Wednesday afternoon 7-4 in the Class 1A state semifinal game at Jet Blue Park in Fort Myers. The loss spelled the end for the Chiefs first ever trip to the state final four in school history.
The Chiefs took an early 1-0 lead in the first with a monster home run from junior Thomas Moore over the Green Monster, the popular nickname of high left field wall at Jet Blue Park, the spring training ground of the Boston Red Sox. The wall is just over 37 feet high and is about 315 feet from home plate.
In the bottom of the second, the sun was shining as the Chiefs were still up 1-0, but nearby lightning led to a 30 minute game delay.
The Tigers came back in the top of the third with an RBI single and a three-run double for a 4-1 lead. In the bottom of the third, Moore slammed a two-run single off the Green Monster to cut Northview’s deficit to 4-3.
In the fourth, a throwing error led to two Blountstown runs, putting Northview down 6-3 headed into the fifth. Chasen Freeman relieved Brett Weeks on the mound in the fifth and allowed only an infield single.
In the bottom of the fifth, Moore hit over the Green Monster again, but it was a foul. If not, it would have been a three-run homer. The Chiefs added one on a sacrifice fly from Aarron McDonald, and the Chiefs were down 6-4 headed into the sixth.
An RBI hit Blountstown up 7-4 in the sixth. The inning’s highlight for the Chiefs was when Chasen Freeman made a barehanded catch to make it three outs for the Tigers.
The seventh was scoreless, as Blountstown won 7-4.
For a NorthEscambia.com photo gallery, click here.
Northview hitters were: Quentin Sampson 2-3; Chasen Freeman 1-4; Thomas Moore 3-4, 3 RBI, HR; and Brett Weeks 2-3.
The Chiefs entered their season with a school record best of 19-3, a district title, a regional title, and the Chiefs first-ever appearance in the state semi-finals.
Pictured top: Thomas Moore slammed a homer over the Green Monster at Jet Blue Park in Fort Myers, the spring training grounds of the Boston Red Sox, during Wednesday afternoons 1A state semi final game. Pictured inset: Brett Weeks on the mound for the Chiefs. Pictured below: Chasen Freeman pitched relief for Northview. Pictured bottom. Northview fans made the 600 mile road trip to Fort Myers to the support their Chiefs on their historic run. NorthEscambia.com photos by Ramona Preston, click to enlarge.
More photos later on NorthEscambia.com.
NorthEscambia.com photos, click to enlarge.
Former Ernest Ward High Football Coach Killed In Wreck
May 14, 2015
A former Ernest Ward High School football coach was killed in a single vehicle crash Tuesday night on I-10 in Okaloosa County.
According to the Florida Highway Patrol, 56-year old Arthur McMillion of Milton was traveling eastbound on I-10 when he lost control of his 1999 Chevrolet Silverado about 9:24 p.m. Tuesday. The vehicle left the roadway and overturned, ejecting McMillion. He was pronounced deceased at the scene. He was not wearing a seat belt.
McMillion was a teacher and football coach at the former Ernest Ward High School in Walnut Hill from 1984 to 1992. He served Ernest Ward as head football coach and athletic director for four seasons, from 1989-1992. He left Ernest Ward to become head football coach at Milton High School, and was currently the dean at Hobbs Middle School in Milton. His educational career spanned over 30 years, with over 20 of those years in Santa Rosa County.
Cora Lee Cartwright
May 14, 2015
Mrs. Cora Lee Cartwright, 92, passed away on Wednesday, May 13, 2015, in Milton.
Mrs. Cartwright was a native of Bratt and a resident of Bluff Springs for most of her life. Mrs. Cartwright was Queen of McDavid TOPS Club, am avid gardner, loved children, and was Granny to them all. She was of the holiness faith.
She wa preceded in death by her husband, Milton Cartwright; parents, Wilburn David and Sarah Simmons Ard; daughter, Judy Macks; brother, Lavon Cartwright; two grandsons, Joshua Cartwright and Jarrod Johnston; and a great grandson, Steven Lee Morris.
She is survived by her three sons, Eugene (Cheryl) Cartwright of Willington, CA, Jerry Cartwright of Milton, and Rufus (Deborah) Cartwright of Saraland, AL; four daughters, Wyvonne Pantermuehl of New Braunfels, TX, Eloise (Don) Rushing of Pensacola, Helen Morris of Flomaton, and Mavis (Wilson) Johnson of Flomaton; 79 grand, great and great-great grandchildren and numerous community grandchildren.
Funeral services will be Saturday, May 16, 2015, at 10:00 a.m. at the Beulah Chapel Assembly of God Church with the Rev. Eric Bryan officiating.
Burial will follow at the Beulah Chapel Cemetery.
Visitation will be Friday, May 15, 2015 from 6 to 9 p.m. at the Beulah Chapel Assembly of God Church.
Pallbearers will be Nathaniel Cartwright, Jerry Wayne Cartwright, Cliff Gainus, Joey Cartwright, Adam Gainus and Robert Macks. Honorary [pallbearers will be her grandsons, great grandsons and great-great grandsons.
Conviction In ‘Stand Your Ground’ Case Overturned
May 13, 2015
An appeals court on Tuesday overturned the conviction of a Santa Rosa County man because of conflicting jury instructions about a duty to retreat during altercations.
The 1st District Court of Appeal overturned the conviction of Timothy Donald Helton, who was convicted of aggravated battery in Santa Rosa County. He will receive a new trial.
Helton was sentenced in May 2013 to life in state prison as a habitual felony offender and prison releasee reoffender. On May 31, 2011, Helton was arrested by the Santa Rosa County Sheriff’s Office after he got into an argument with another man at a home in Navarre.
Helton struck the first victim with a homemade weapon. He then left the residence but returned with a friend about 10 minutes later. Helton got out of the truck with a metal pipe and threw the pipe at a second victim, striking him in the head and crushing his skull. Doctors testified that a titanium plate had to be inserted in the victim’s skull and that he will have permanent injury from the attack.
Helton’s only defense at trial was the acted in self defense, as permitted by the “Stand Your Ground” law.
The News Service of Florida contributed to this report.
Slight Chance Of Showers
May 13, 2015
Here is your official North Escambia area forecast:
Wednesday Night
Partly cloudy, with a low around 67. Calm wind becoming northeast around 5 mph.
Thursday
A 30 percent chance of showers and thunderstorms, mainly after 1pm. Partly sunny, with a high near 88. East wind around 5 mph becoming south in the afternoon.
Thursday Night
A 30 percent chance of showers and thunderstorms. Mostly cloudy, with a low around 68. South wind around 5 mph.
Friday
Showers and thunderstorms likely. Mostly cloudy, with a high near 84. Southeast wind 5 to 10 mph. Chance of precipitation is 60%.
Friday Night
A 40 percent chance of showers and thunderstorms. Mostly cloudy, with a low around 68. Southeast wind 5 to 10 mph.
Saturday
A 50 percent chance of showers and thunderstorms. Mostly cloudy, with a high near 84. Southeast wind 5 to 10 mph.
Saturday Night
A 20 percent chance of showers and thunderstorms. Mostly cloudy, with a low around 68. Southeast wind 5 to 10 mph.
Sunday
A 40 percent chance of showers and thunderstorms. Partly sunny, with a high near 86.
Sunday Night
A 20 percent chance of showers and thunderstorms. Mostly cloudy, with a low around 69.
Monday
A 40 percent chance of showers and thunderstorms. Partly sunny, with a high near 87.
Monday Night
A 20 percent chance of showers and thunderstorms. Mostly cloudy, with a low around 68.
Tuesday
A 40 percent chance of showers and thunderstorms. Partly sunny, with a high near 88.
Cantonment Insurance Agent Gets Prison For Racketeering, Money Laundering
May 13, 2015
A Cantonment insurance agent was sentenced to state prison Tuesday for racketeering and money laundering.
Randall Petersen, 49, received eight years in state prison to be followed by seven years probation. He was ordered to pay over a half million dollars in restitution, with the exact amount to still be determined by the court. In April, Petersen was convicted of conducting a fraudulent insurance scheme that involved the theft of several hundred thousand dollars of commissions and bonuses from American National Insurance Company and Liberty National Insurance Company.
In the scheme, Petersen advertised job opportunities on the internet for College Consultants of the Gulf Coast, and induced hundreds of applicants to provide information for life insurance that he and his associates described as free job benefits.
The prosecutor, Assistant State Attorney Russ Edgar, showed that College Consultants was not a real company and Petersen merely used the information from the job applicants to complete life insurance applications that he submitted to the insurance companies. The companies paid Petersen advance commissions, which were as much as 130% of the first year premiums, and bonuses.
Before the companies realized the insureds were not employees, Petersen had obtained hundreds of thousands of dollars of commissions and bonuses and let the policies lapse for nonpayment.