7/26/07
Convicted
Investigator pleads guilty to possession of gambling devices
By Cathy Gilbert
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Clarendon County Sheriff’s Department Investigator Todd Avant pled guilty Thursday to possession of a gambling device, a Class C misdemeanor in the state of South Carolina. Avant received a $500 fine. He could have received up to a year in prison.
This concludes an almost two-year investigation by the S.C. Law Enforcement Division. Agents from SLED’s Vice Squad raided Party World, a convenience store owned by Avant, on Sept. 13, 2005 and confiscated a video poker machine and cash. At the time, a store clerk was charged with a misdemeanor.
Standing before Judge George “Buck” James Jr., in Circuit Court Thursday, Avant, surrounded by his wife, Teresa, his attorneys, and more than a dozen friends who were present as character witnesses, Avant, an eight-year investigator in the Sheriff’s department, answered the judge’s questions.
Avant quietly answered Judge James’ questions.
“On or about March 1, 2005 and Sept. 13, 2005, you kept on your premises video machines used for gambling at a business you own and allowed customers to receive payouts. Do you understand this to be true?”
“Yes, your honor,” Avant replied.
“Do you understand that by pleading guilty you waive your right to remain silent … to a jury trial … to confront and be confronted by witnesses … to any defenses ... and to contest this voluntary plea?”
“Yes, your honor.”
“How do you plea?”
“Guilty, your honor.”
“Are you guilty?
“Yes, your honor.”
Judge James called upon SLED Special Agent Jeff Carter who had investigated the case. Carter testified to his findings.
“From late 2004 to 2005, the S.C. Law Enforcement Division received complaints that a store owned by Todd Avant known as Party World was paying out on gambling devices. An informant was developed in September of 2005 and sent in using audio and video devices and did witness a clerk making payouts. The clerk was subsequently charged.”
Carter said that the state had five witnesses that testified that if the clerk knew the customer, they were to pay out, but if they did not, they were to call Mr. Avant. One witness testified that they had been paying out for the past two years and that if Mr. Avant was present, customers were paid.”
Carter explained that their investigation revealed that Avant kept two pay out boxes beneath the counter: one for lottery winnings and one for video poker winnings. Winnings were not paid out of the register. Carter said that his witnesses said that if they ran out of pay out money, they were to contact Mr. Avant.
While the machines that were in Party World were licensed by the S.C. Dept. of Revenue and legal to play, to be paid winnings from those machines was clearly illegal, according to Agent Carter.
Judge James then asked Avant if Agent Carter’s testimony was correct and was he (Avant) part of that.
“Yes, your honor.”
“You approved the pay outs?
“Yes, your honor.”
Avant’s lead counsel, Ray Chandler said that he often was before the court with an “apologetic client who had walked a thin line between right and wrong.”
“Today I am here with a man of tremendous integrity, good education and a great family. He has not a criminal record, but a stellar record as a member of Clarendon County Law enforcement. He paid a fine for having had the machines and thought it was over.”
Several of Avant’s character witnesses stepped forward to speak on his behalf.
In turn they characterized Avant as a leader in his church, an advocate for Clarendon Hall and a life long friend of the highest character.
Manuel Urbina, father of murder victim Martin Urbina, told of how Avant had assisted his family during the investigation of this son’s death.
“If not for Investigator Avant, they would still be trying to figure out who did this to Mr. Urbina’s son,” Chandler said.
Manning attorney Tommy Geddings has represented Avant in his business dealings outside of his role as a sheriff’s investigator.
“I can’t imagine anyone who has worked harder and managed all of his responsibilities so well,” Geddings said. “When the charges against his employees came, he paid their fines – as their employer he felt responsible. He was responsible and the buck stopped with Todd. That’s the kind of person he is. A rare individual with leadership and integrity.”
The last to speak on Avant’s behalf was Sheriff Keith Josey. Prior to his conviction, Avant had announced his intention to run for sheriff when Josey retires in 2008.
“Todd has worked for me for eight years, and for five years before that as a reserve officer,” Josey noted. “He is an excellent employee and an investigator. I hope to retain Todd Avant because he is that important to Clarendon County.”
Avant was back to work the next morning.
Speaking on behalf of his client, Chandler said Monday that he believed that Avant was still fit to serve in law enforcement.
“Todd Avant is a very fine law enforcement officer and I saw no evidence that his conduct in this incident abused the trust of his office,” Chandler said. “I was very pleased and proud to be asked to represent him.
Nevertheless, Chandler may not have the last word on Avant’s ability to retain his job as a law enforcement officer or as a candidate for sheriff.
In a statement received Tuesday from the S.C. Criminal Justice Academy, Spears Westbrook, special projects director and legal counsel said, “state law forbids certification of anyone who has been convicted of any criminal offense that carries a sentence of one year or more or of any criminal offense that involves moral turpitude.”
The law states that forfeiture of bond, a guilty plea or a plea of nolo contendere is considered the equivalent of a conviction. Part of that law deals specifically with possession of vending and slot machines that are prohibited by law. The law states that any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned for a period of not more than one year, or both.
Westbrook stated that verification of the court records of Avant’s conviction is being obtained by academy officials in order to make a determination. The S.C. Criminal Justice Academy is authorized to train and certify all of the state’s law enforcement officers.
Additionally, the S.C. Constitution Article 17, Section 8 states: It shall be unlawful for any person holding an office of honor, trust or profit to engage in gambling or betting on games of chance; and any such officer, upon conviction thereof, shall become thereby disqualified from the further exercise of the functions of his office, and the office of said person shall become vacant, as in the case of resignation or death.
Although Avant’s current legal troubles are now behind him, his future in law enforcement, either as an employee or as a candidate for sheriff are still both up in the air.
At press time neither Avant nor Sheriff Josey were available for comment. |
