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Lottery ticket mix up leads to man's arrest
A Town of Tonawanda man is outraged that he was arrested
for possession of a stolen lottery ticket, that he says
he purchased from a gas station store.Get more news about
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It turns out that lottery ticket was legit.
Eric Martin is his name. He’s 30 years old and is from
the Town of Tonawanda.
In July, he went into the Speedway on Kenmore Avenue to
redeem a winning scratch-off ticket for $50.
Instead of getting money for the winning ticket, a store
employee called police to report Martin was cashing in a
stolen lottery ticket.
Martin denied that claim, saying it was valid and that he
bought it the day before.
Body camera video provided by the Town of Tonawanda
Police shows that when police told Martin he was under
arrest, Martin refused and tensed up. Police had to
restrain him.Martin was charged with possession of stolen
property and resisting arrest.
"He’s dealing with it. He was embarrassed, he was
humiliated. He didn’t want to get into a police car in
handcuffs in front of his wife, his nine-year old-son and
his infant daughter," said attorney John Feroleto.
Martin is also outraged that he was strip searched by
police.
Police say that was done at the police station to make
sure he didn’t have anything on him.
According to Town of Tonawanda Police, Speedway confirmed
that the lottery ticket was indeed purchased at the store
by Martin. The charges were then dropped against Martin.
Martin’s attorney says no decisions have been made about
a possible lawsuit.
2 On Your Side spoke to Town of Tonawanda Police about
the incident. "Just from a specific legal standpoint, we
satisfied all the probable cause and legal requirements
to make an arrest. We had all those things in place,"
said Assistant Chief of Police Nick Bado, "There was an
attempt to gather information. There was confirmation
from store employees that this was in fact one of the
stolen lottery tickets, so that satisfied our probable
cause."
"It did ultimately turn out Eric Martin was right. He
did buy that ticket there, and when the burglary happened
the roll of tickets that was partially taken, they
must’ve miscalculated when they flagged the tickets and
too many of the surrounding ones that were left over were
also flagged as being stolen in the burglary," Bado said.
"This is really embarrassing for us to have a situation
that where misinformation honestly gets out and makes us
look worse than it was."
When he became unwilling to come back, that’s when the
interaction became a little but more adversarial," Bado
said.
A statement from the state Gaming Commission says, "All
we can say is that the Commission is concerned that the
Speedway clerk failed to follow standard ticket-cashing
protocols. We are reviewing the incident."
The Erie County DA's Office issued a statement: "After
speaking with the Town of Tonawanda Police Department,
the Erie County DA’s Office requested that the court
dismiss the case. Mr. Martin was not arraigned on the
charges. The case was dismissed and sealed by operation
of law."
Two officers have been brought up on departmental charges
for COVID related arrest procedures.
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