DA declares war on illegal gambling

Upshur County District Attorney Billy Byrd has taken what he says is the first step to eliminate illegal gambling and 8-liner machines in the county.

In a June 30 “Open Letter to Upshur County,” he stated that “while campaigning for office, I heard and learned from concerned citizens about problems with illegal gambling and 8-liner machines overrunning Upshur County.

“I assured those citizens I would see to it that the gambling laws in the State of Texas were enforced in Upshur County and that these establishments would not be tolerated,” he said. “This is the first step in fulfilling those promises.”

Eight-liner machines are similar to slot machines used in gambling casinos.

He said that “to the extent practical, this letter will be mailed directly to business owners.” Byrd also said he would use the media to get the information out, so that no one owning or having 8-liners on their premises would be uninformed.

“The law in the State of Texas provides a person commits an offense if he knowingly uses or permits another to use as a gambling place real estate, a building, room or any property whatsoever,” he said.

“Further, a person commits an offense if he owns, manufactures, transfers or possesses any device he knows is designed for gambling purposes.

“A gambling device is any electronic, electro mechanical or mechanical machine that for consideration affords the player to obtain anything of value, the award of which is determined solely or partially by chance, even though accompanied by some skill, whether or not the prize is automatically paid by the machine.

“This includes devices that pay out debit cards, cash cards and quarter pushers,” Byrd said. “Not a violation of the law are devices that pay out toys, novelties or a representation of value that are available from a single play of the game or device of not more than 10 times the amount charged to play the game, or $5, whichever is less.

“All persons running illegal gaming rooms, Internet cafes, and conducting other illegal gambling operations in Upshur County are given notice to shut down, and dispose of the machines, or risk jail time, forfeiture of equipment and cash from the proceeds.

“Also, prison time could follow,” Byrd said. “Violation to Texas gambling laws calls for up to a year in the county jail and a fine of up to $4,000 per each offense.”

He said that in some cases for maintaining, running, or managing such a place, the punishment can be up to 10 years in the penitentiary and a fine up to $10,000.

“All those caught illegally using such facilities can be prosecuted to the fullest extent of the law.

“You have until July 15, 2008, to dispose of your equipment and shut down. No further advanced notice will be given.” Byrd told The Mirror that a sister company of one Upshur County illegal gambling operation had recently been “busted big time” in another county.

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