ALJDEC

00A-000227-LOT · Arizona Lottery · 2000-08-29

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: August 18, 2000. APPEARANCES: Appellant failed to appear. Sara E. Patrick, Assistant Attorney General, appeared on behalf of the Arizona Lottery. ADMINISTRATIVE LAW JUDGE: Gregory L. Hanchett _____________________________________________________________________ The issue presented in this case is the question of the rightful ownership of Double Black Jack Scratcher ticket number 263-304202-008. The evidence establishes that the rightful owner is Mr. Timothy Dame and, accordingly, the undersigned recommends that Appellant Corrine Lee’s (hereinafter Appellant ) appeal be denied. STATEMENT OF FACTS 1. On Friday, February 4, 2000, at approximately 6:30 a.m., Timothy Dame purchased a Double Black Jack Scratcher ticket, # 263-304202-008 at the Willow Valley Liquor Store locate in Mohave Valley, Arizona. 2. Mr. Dame proceeded to scratch the ticket and noticed that he had uncovered four “twenty-ones, ” consisting of a “King and an Ace” or “Queen and an Ace.” Mr. Dame knew he had won something on the ticket but was unsure of how much he had won. 3. Appellant Corrine Lee (Appellant) was the store clerk on duty at the time Mr. Dame purchased the ticket. Mr. Dame presented the ticket to Appellant in order to have it validated so that he could find out how much he had won. Appellant took the ticket, validated it, and told Mr. Dame he had won two dollars. Mr. Dame disputed Appellant’s statement, believing he had won a much larger prize. Appellant became enraged and started yelling at Mr. Dame “Are you calling me a liar?” Mr. Dame decided at that point that it was not worth arguing about so he left the store. 4. In reality, the ticket was a winning ticket worth $10,000. Appellant was undoubtedly immediately aware of that fact either when Mr. Dame handed her the ticket or when she then validated it. From the evidence presented, it is clear that Appellant lied to Mr. Dame about the value of the ticket with the intent of depriving Mr. Dame of the ticket and later collecting the $10,000 prize for herself. 5. After speaking with a co-worker, Cathyrn Landry, and other acquaintances about the situation, Mr. Dame became aware of the magnitude of the theft committed by Appellant. On Mr. Dame’s behalf, Ms. Landry contacted Ms. Patricia Stinson, an investigator with the Arizona Lottery on Monday, February 7, 2000 at 9:00 a.m. At that time, Ms. Stinson spoke both to Mr. Dame and Ms. Landry about the situation. Mr. Dame took the further step of filing a theft report with the Mojave County Sheriff’s Department.

6. Later on Monday, February 7, 2000, Appellant traveled to Phoenix with her husband in order to claim the prize from the unlawfully obtained ticket. At 11:00 a.m., Ms. Stinson contacted the Phoenix Claims Office of the Arizona Lottery t o apprise them of Mr. Dame’s claim. At approximately 11:30 a.m., Appellant arrived at the Phoenix Claim Office and attempted to claim the ten-thousand dollar prize. Ms. Stinson then contacted Appellant to apprise her of the report lodged by Mr. Dame and to get her version of the events. Appellant claimed at first to have purchased the ticket at the store on either on Monday or Tuesday, January or February 1, 2000, some two days before the ticket pack containing the ticket arrived at the Willow Valley store in order to be resold. Appellant also indicated she had validated the ticket on the same day she had purchased it. In fact, the ticket was validated on February 4, 2000. Appellant’s recounting of the events to Ms. Stinson was full of inconsistencies. 7. As a result of the report filed by Mr. Dame with the Mojave County Sheriff, Appellant was again interviewed by a deputy county sheriff regarding the incident. Appellant’s interview with the Mojave County deputy sheriff s was also full of inconsistencies. When confronted with these inconsistencies, Appellant finally stated that “ if Tim [Mr. Dame] was willing not to press charges, she would give him the ticket.” 8. In connection with this case, Appellant subsequently pled guilty in Mojave County Superior Court to an undesignated offense of theft in violation of A.R.S. § 13-1802, §13-1801, §13-701 and §13-801. CONCLUSIONS OF LAW 1. The office of Administrative hearings has jurisdiction over this matter pursuant to A.R.S. 41-1092.02. 2. The Appellant bears the burden of proof in this matter. See Culpepper v. State, 187 Ariz. 431, 930 P.2d 508 (App. 1996). The standard of proof in this matter is that of a preponderance of the evidence. Smith v. Arizona Department of Transportation, 146 Ariz. 430, 706 P.2d 756 (App. 1985). 3. Here, Appellant has failed to meet her burden of proof. The evidence presented in this hearing clearly establishes that Timothy Dame is the rightful owner of Double Blackjack Scratcher ticket # 263-304202-008. RECOMMENDED DECISION Based on the foregoing, it is recommended that the Director of the Arizona State Lottery deny the Appellant’s appeal in this matter and issue a final order finding that Mr. Timothy Dame is the rightful owner of Black Jack Scratcher Ticket #263-304202-008. Done this day, August 30, 2000.

______________________________________ Gregory L. Hanchett Administrative Law Judge . . .

. . .

Original transmitted by mail this ____ day of ____________, 2000, to:

Arizona Lottery Geoffrey Gonsher ATTN: Loraine Wade 4740 East University Drive Phoenix, AZ 85034

By ___________________________

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Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826