Return of video poker devices disputed

Staff Writer

The Pike County Attorney’s Office has filed a motion asking that the eight video poker machines seized during an investigation earlier this month not be returned to the owner.

Pike District Judge Kelsey E. Friend Jr., responding to a motion by Keith Cavins, who claims to be the owner of the machines, gave the prosecution until yesterday to file a motion stating why the machines should not be returned to the owner.

Larry David Adkins, 58, of Shelbiana, has pleaded not guilty to an eight-count charge of promoting gambling stemming from a state police investigation that began on January 4. According to court documents, after police found the alleged illegal gambling operation, consisting of eight video poker machines, Adkins told them it was “his operation” and that he paid out nightly to winners.

Citing both a lack of jurisdiction by the court to return the machines and a 1990 Kentucky Court of Appeals case, Chief Assistant County Attorney Roger Varney, filed a motion on Wednesday in Pike District Court stating the machines should remain in evidence.

“... A District Court has no jurisdiction to order the return of personal property in a felony case,” Varney wrote in his motion, adding the only way the machines could be returned to the owner is if they were involved in a civil case that was in the District Court.

Additionally, Varney cited a 1990 Kentucky Court of Appeals decision that somewhat questions the legality of video poker machines, whether used for a payout or for amusement purposes.

“The material question is whether the machines are capable of making a person eligible to win money or property, not whether the activity actually took place,” the decision states.

Friend had not ruled on the motion as of yesterday. A preliminary hearing in the case against Adkins is set for next Thursday.

In a hearing on Wednesday, Friend allowed Adkins to remain on the $2,000, or 10 percent bond, on which he was originally released, with the added condition that Adkins not be around any type of gambling activity.