ABC FILE ON THE DRAFT REVEALS PATTERN OF UNLAWFUL ACTIVITY BY ABC ENFORCEMENT AND CONWAY POLICE DEPARTMENT

We have repeatedly pointed out the problem ABC Enforcement and law enforcement agencies in Arkansas have using under age individuals in entrapment/compliance operation.

Arkansas law specifically prohibits an underage individual from attempting to purchase alcoholic beverages and has no exception for an underage individual working with law enforcement agencies in entrapment/compliance operations.

There is however such an exception in the laws concerning tobacco products that sanctions Arkansas Tobacco Control and other agencies and permits underage individuals to assist in compliance operations.

If using underage individuals was legal in these types of law enforcement operations, there would be no need to have an exception in the law for Tobacco Control.  

Why has the ABC never sought to legalize the use of underage individuals in alcohol compliance  operations? They have no comment.

Courts have long held that the primary rule of statutory construction is to give effect to the intent of the legislature. The courts construe the statue just as it reads, giving words their ordinary and usually accepted meaning in common language. When the language of a statute is plan and unambiguous. The case often cited is Snowden v. JRE Invs., Inc., 2010 Ark. 276,370 S.W.3d 215. 

For us regular folks and how that applies to this post, is that the use of underage individuals in alcohol compliance operations is illegal. Period.

Secondly, the ABC and other law enforcement agencies issue citations to stores, bars and clubs that serve the underage individuals that are taking part in the illegal operations stating that the store, bar or club violated Arkansas Code Annotated § 3-3-201, Unknowingly serving alcohol to a minor.

The problem with using that particular statute is that it specifically uses the word "minor".

Arkansas has a statute that defines "minor". Arkansas Code Annotated § 9-25-101 clearly and unequivocally states that all persons of the age of eighteen years shall be considered to have reached the age of majority. So a minor is any individual under eighteen years of age.

ABC Enforcement and Arkansas law enforcement agencies frequently use underage adults (individuals 18 years and older) in their illegal alcohol compliance operations.  Issuing citations citing A.C.A. § 3-3-201, a statute in which the language is plan and unambiguous, and which only states that a sale to minor is a violation.  This statute cannot be used for citing  sales of alcoholic beverages to persons that have reached eighteen years of age and are legal adults, albeit underage adults.  

The file the ABC sent us in response to a Freedom of Information request reveals that ABC Enforcement and the Conway Police Department used underage adults, not minors, in alcohol compliance/entrapment operations in violation of A.C.A. § 3-3-203 and cited sellers with violating A.C.A. § 3-3-201 a statute that only covers sales to minors. 

In plain, common language that is bullshit.

In a letter ABC Administrative Director Bud Roberts sent to the draft, he erroneously calls 18 year old adults minors.

 

The documents the ABC sent clearly indicate that all four of these illegal compliance operation did not involve minor, the individuals that broke the law assisting the ABC and Conway Police Department were 18,19 and 20 year old adults.

Not minors by razrbak on Scribd

 

One of the violations involved a gang of underage adult drunk girls that used drivers licenses of friends and relatives to get in "private clubs" in Conway.  A parent complained to the ABC.

18yr Olds With Illegal ID by razrbak on Scribd

 

The Conway Police Department failed to  charge the adult girls or the ladies that loaned out their drivers license with violating A.C.A. §27-16-302, the unlawful use of license.

 

But why should we expect the ABC or Conway Police Department to follow the law. After all, ABC Enforcement is headed by one big lawbreaker and pretend policeman, tainted ABC Enforcement Director Boyce Hamlet.

HUMP DAY HUMOR

ABC ENFORCEMENT SHUNNED BY FEDERAL LAW ENFORCEMENT AGENCY IN OPERATION THAT UNCOVERD BOOTLEGGING

WHY WAS TAINTED ABC ENFORCEMENT DIRECTOR BOYCE HAMLET NOT ASKED TO ASSIST?

Last week the U.S. Attorney and the Office of Inspector General of the Social Security Administration ("OIG-SSA") revealed the details of a major investigation in Little Rock and it's outcome.  The individual that they investigated ran an unlicensed bar connected with a strip club/ brothel. 

We expected tweets and emails to Carlton Saffa from tainted ABC Enforcement Director Boyce Hamlet claiming credit boasting that his "most elite law enforcement agency in Arkansas" had busted another bootlegger and saved countless females from the plight of sex trafficking.

Well, we can report that did not happen because the OIG-SSA, nor did anyone with the Arkansas Attorney General's office, include Hamlet or his agency in the investigation.  In fact, the ABC had no idea what was going on.   

Back in December 2015, the SSA-OIG partnered with the Arkansas Attorney General's Office and announced the formation of the Cooperative Disability Investigations ("CDI") Unit in Little Rock, Arkansas. As part of the nationwide CDI Program, the Little Rock Unit would identify and prevent Social Security disability fraud throughout the State of Arkansas.

CLICK TO VIEW THE PRESS RELEASE 

One would think that if the illegal sale of alcoholic beverages in the State of Arkansas was discovered, by any law enforcement agency, they would bring the ABC into the loop.

Not when ABC Enforcement is headed by an individual that pretends to be a certified law enforcement officer and has a lengthy documented history of lying.  

TAINTED ABC ENFORCEMENT DIRECTOR BOYCE HAMLET'S TOP FOUR CHARACTER TRAITS

From records we obtained we found that for quite some time Gary Lemond Shorter was operating an illegal bar/strip club/brothel that was called "The Cat House" from a home in a downtown Little Rock neighborhood.  Right next to a Jehovah Witnesses church building!

Shorter was drawing Social Security Disability benefits and operating his illegal enterprise and the income that it produced hit their fraud radar.

This case was so important that the OIG-SSA enlisted the assistance of the FBI.

Shorter purchased the large residence at 2301 Wolfe Street in the early 1990's and has operated "The Cat House" for an unknown period of time.

Using image history from Google Earth, we found that the empty lot used as a parking lot, had quite a few cars parked there in all the photos archieved.

We found no documents that listed it as a multi-family dwelling.  In fact, documents on file with the Pulaski County Circuit Clerk shows that is was mortgaged several times over the years as a single family residence.

We did find one thing that was humorous, besides the ABC being in the dark, and that was a notation on a federal court document.

 

We found this notation quite amusing in that Shorter's indictment stated he lied about not working (pimp and bootlegger) to receive Social Security Disability benefits, but the federal judge did not make being employed a condition of his release because he was disabled.

The Wolfe Street property was purchased by Odell Roy LLC from Gilbert, South Carolina in November 2016 at a foreclosure sale.

When contacted, a spokesperson for that company stated that they did not intend to operate a bar, strip club or whorehouse at that site.

We expect that more situations like this will ensue as the Medical Marijuana issue progresses and the ABC is involved with licensing and enforcement. 

With Hamlet heading ABC Enforcement and his documents issues with honesty and credibility the future of that part of the agency is in question.

Word is that Governor Hutchinson might have to fire Hamlet as he cannot find a suitable place to put him in any other state agency and he wants him as far away from the medical weed issue as he can get him.

 

 

HUMP DAY HUMOR

ABC REVOKES PERMIT OF THE DRAFT IN CONWAY - WAS IT AN ILLEGAL COMPLIANCE OPERATION?

 

ABC ADMINISTRATION DIRECTOR BUD ROBERTS

Last week the ABC Administration Director, Bud Roberts, revoked the permit of a Conway business, The Draft.

This was done as the result of an administrative hearing conducted on January 11th.

This document states that Roberts held an administrative hearing to consider an alleged violation that occurred on December 8, 2016 at The Draft.

The document lists that The Draft had four prior violations for selling an alcoholic beverage to a "minor".  November, 5, 2015; February 22, 2016; August 2, 2016 and September 20, 2016. 

On December 8, 2016 ABC Enforcement Agent Chris Boyd along with Conway Police Officer Rick Shumate used an 18 year "cooperating minor" to conduct a compliance check. 

POOCH PATROL OFFICER RICHARD SHUMATE, JR. OF THE CONWAY POLICE DEPARTMENT

 

CHRIS BOYD - ONE OF TAINTED ABC ENFORCEMENT DIRECTOR BOYCE HAMLET'S ELITE AGENTS

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Readers of this blog will recall that Boyd was reprimanded when he was an officer with the Fort Smith Police Department for his participation in the sexual harassment of a fellow officer.  Boyd is also a defendant in a lawsuit that has been filed against the Fort Smith Police Department.  Boyd has some serious medical issues and has been on leave for about half the time he has been on the ABC payroll. 

Boyd is supervised by another former Ft. Smith cop, Jay Rider, that was investigated by the FBI for alleged involvement in a murder.  He has never been cleared or exonerated as a suspect in that FBI investigation. 

Character's like these two say a great deal about tainted ABC Enforcement Director Boyce Hamlet having the best, most elite law enforcement agency in the state.

Readers of this blog are keenly aware that Hamlet, who holds no law enforcement certification in the state of Arkansas and pretends to be a law enforcement officer even wearing an badge and gun, has serious issues with honesty and credibility.  

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The document goes on to state that Officer Shumate and the minor, who was not really a minor in that she was 18 years of age which is the age of majority in Arkansas making her an adult, ordered a beer.

The document also states that the server, Mark Ford, may or may not have noticed that the 18 year old had a "minor's license".

Arkansas does not have any drivers license that uses the term minor on it.

The document indicates that the permit for The Draft is revoked, effective January 19th, as ABC Regulations 3.19 (1)(4).

The document continues by stating that "A sale of alcohol to a minor is one of the deadliest violations a permit holder can commit.  When an outlet sells to our kids four times in less than a year, that outlet simply os trying to keep folks safe".  It also states, "I have lost all confidence in the permit's ability to be a good steward to the ABC.  I hereby Order this Permit Revoked for Cause.  Doing so will save lives".

Readers will recall the mess that happened last year with Ernie Biggs in Little Rock. Roberts only wanted to suspend their permit for a short time and fine them after Ernie Biggs had several highly publicized occurrences of admitting underage individuals and having two violent incidents take place, one that involved an out-of-control bouncer severely injuring a customer. 

We have repeatedly made posts about the ABC and other Arkansas law enforcement  agencies illegal use of underage individuals in alcohol compliance or sting operations.

CLICK TO VIEW OUR OCTOBER 14, 2016 POST

CLICK TO VIEW OUR SEPTEMBER 23, 2016 POST

CLICK TO VIEW OUR MAY 6, 2016 POST

CLICK TO VIEW OUR DECEMBER 11, 2015 POST

We have pointed out that Arkansas law does not contain an exception by law enforcement to use underage individuals in alcohol compliance operations or stings.  Such use is against the law.

This fact was restated in a Congressional Report.

Unlike the ABC, the Arkansas Tobacco Control Agency has the use of underage individuals in tobacco compliance operations permissible under Arkansas law. You can read our post about that here.

The U.S. Department of Health and Human Services published a report entitled Youth and Alcohol:Laws and Enforcement.  There was a portion of the report where use of underage individuals being used by law enforcement to commit an illegal act (purchasing alcoholic beverages) was questioned.

Another problem the ABC and law enforcement agencies have with these illegal operations is when they use an underage adult and refer to them as a minor.

In Arkansas, once you turn 18 years of age you are no longer considered to be a minor, under the law you are considered to be an adult.

There is no way that the ABC or any law enforcement agency can get around this fact.

The statue the ABC and law enforcement agencies use in these illegal entrapment operations only deals with sales to minors not underage adults.  Read it for yourself.

If an individual charged with the offense of selling to a minor (under 18 years of age as defined by Arkansas law) actually sold a beverage to someone 18 or older but still under 21 years of age, this statue A.C.A § 3-3-201 does not apply.  These outlets could be charged under A.C.A. § 3-3-203, but they were not. Perfect conditions for the courts to overturn these cases if appealed.

We are surprised that no permit holder or employee of a permit holder that has been charged under this statue has never fought it using the argument we have presented.

We exposed the erroneous use of the term minor by the ABC in this post.

Thanks to Jake Bleed, the talking head for the Department of Finance & Administration, we obtained the identities of underage individuals the ABC has on their payroll.  You can see those posts here, here and here. 

Another problem the ABC and law enforcement agencies has with these cases if they involve the ABC Enforcement Agents is tainted ABC Enforcement Director Boyce Hamlet.  If the prosecutor that handles the citations in District or Circuit Court does not disclose that Hamlet, who directs and oversees these types of so called investigations, is a Brady Cop, then the rights of the individual(s) charged are being violated.

This fact was pointed out by Judge Mackie Pierce back in 2015 in a case the publisher of this blog filed concerning a Freedom of Information request that involved an investigation file of the Arkansas State Police concerning Boyce Hamlet's firing from the ASP for cheating on an exam and then lying multiple times to investigators.

We will make plans to attend the appeal hearing before the ABC Board that The Draft is sure to make and provide you with all the details.

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Officer Shumate is involved in lawsuit against the City of Conway.  He lost one part of the suit but it is still ongoing.  You can read his original complaint here.

HUMP DAY HUMOR

UPDATE ON CLUB SWAY - DID TAINTED ABC DIRECTOR BOYCE HAMLET MANUFACTURE COMPLAINTS?

Last week we posted a story about Arkansas most elite law enforcement agency (according to tainted ABC Enforcement Director Boyce Hamlet) and their deep interest in a LR gay friendly nightclub, Club Sway.

We finally were able to obtain documents from the ABC under the Arkansas Freedom of Information Act (the only way to get anything from DFA/ABC) and it appears that Club Sway was targeted by a couple of malcontents, or perhaps tainted ABC Enforcement Director Boyce Hamlet, who himself expressed a homophobic attitude when under direct examination as a witness in a Freedom of Information Act suit last year and has directed his agents to fabricate or solicit complaints about other permitted outlets when none have been made. 

That happened in the case of PIC-PAC Liquor and the application for a change of location for a private club by Billy Pope.

Hamlet broke down and cried on the witness stand in that previously mentioned hearing and stated that this photo, which appeared in this post depicted him in a homosexual act. Under cross examination Hamlet admitted that he was a liar and had issues with credibility. 

The file we obtained did not have the August 2016  complaint we posted in our earlier story and but there was one that had been made in October 2016.

An observant reader will notice that this email, as well as the one back in August 2016 was sent to the email address of tainted ABC Enforcement Director Boyce Hamlet and his administrative assistant Milinda Brown.

That is extremely suspicious in that the majority of complaints we have seen made to the ABC went to the ABC Administration email address found on their website on other websites that deal with permits - ABCAdmin@dfa.state.ar.us, not to individual email addresses of ABC personnel.

The ABC webpage has two contact emails listed, for Administration and Enforcement.

So emails sent directly to tainted ABC Enforcement Director Boyce Hamlet and his secretary Milinda Brown are questionable.

This is the information we obtained about the October 2016 complaint and the ABC's investigation.  

NOTICE THAT BROWN MAKES A SARCASTIC REMARK - COMMENTS LIKE THAT VIOLATE DFA POLICY

The complaint from August 2016 and any investigation as of a result of the complaint was not in the file.  What happened with that and what actions did Hamlet take?  

Did he check out the club for himself as we believe he did?
 
Don't expect a truthful response from Hamlet anytime soon.

This is the FOI request sent to the ABC.  You will notice that complaints, investigations , citations, fines and suspension information was requested.

There was no record of any violations or fines for selling to underage individuals or any other violation.

That is simply incredible.  The club was granted permission to allow 18 year old individuals to able to be present when food items were added to a menu back in 2014. That seems like it would increase the likelihood  that violations would increase tenfold.

There was a complaint made when the club wanted to relocate to its present location in 2009. We find it amusing that the complainant about the gay friendly club was a company named Dyke.

 It had no effect on the ABC's decision.

  

Apparently this club needs to get an award from the ABC for being a good neighbor and not having a record of violations for a very long time, if ever.

Don't hold you breath waiting for that to happen either. 

 

HUMP DAY HUMOR

DID ABC ENFORCEMENT DIRECTOR BOYCE HAMLET GO UNDERCOVER AT CLUB SWAY?

According to our sources inside the ABC, tainted Enforcement Director Boyce Hamlet took special interest in a complaint about a gay-friendly club in Little Rock.

 

Our sources tell us that Hamlet wanted to conduct the investigation himself.

We have sent a request for information to the ABC and will update this post as information become available.