8/7/2018 11 :45 AM Scanned

EELED
STATE 0F INDIANA AU? 0 7 2m IN THE DEARBORN SUPERIOR COURTLF
-

)s
COUNTY 0F DEARBORN >80“) Lawgb“ GENERAL TERM,
.
A

2018
CLERK OF DEARBORN CIRCUIT COURT
INTHE MATTER 0F CRIMINAL ) _ .

?Og’fio’ 608
>

INVESTIGATION IN DEARBORN ) CAUSE No. lSDOél‘l

COUNTY, INDIANA )

PROBABLE CAUSE AFFIDAVIT

Comes now and hereby swears or affirms as follows:

This affidavit does not contain all the details currently known to law enforcement,
but includes only sufficient information believed by your affiant to establish probable
cause, and in support of your affiant’s assertion of probable cause, the following facts
are within your affiant’s knowledge,

At all times pertinent to the matters discussed herein, your affiant has been
employed as a law enforcement officer with the Indiana Gaming Commission.

On July 24th, 201 8, at approximately 171 0hrs, while on duty at Hollywood Casino, I,

Agent June Brackett (GA #1 90) with the Indiana Gaming Commission, was contacted by
Surveillance Shift Mng. James Middlebrooks (HW6528-L2) via Table Games Supv. Jason

Buysse (HW3 87-L2) that a WM (wean'ng a red ball cap backwards and a White polo) had past
posted (capped) his bet on EB5914/spot 8.

Middlebrooks advised that at 1646hrs, Dealer Lee A. Beasley (HWl 1922-L2) had caught the

WM (later ID as Justin Athey) past posting a $ 1 00.00 (black cheque) 0n his bet of $10.00 (red

$5.00 cheques) on the Banker’s bet. The dealer’s (Beasley) bet was determined on the Banker’s

bet which was dealt a 6 and 2 = 8 (natural 8/automatic win). Beasley pushed Athey’s $100.00

check back to him. I called down to pit 5 and spoke with Buysse; I asked him if Beasley warned

Athey about his attempted shot. I heard Beasley tell Buysee that she told Athey that wasn’t what
he bet and pushed the $100.00 bet back to him.

At approximately 1740 hrs, Middlebrooks advised that upon Athey’s previous play at

1334hrs on EB5914, he attempted to move a $5.00 from his $10.00 bet from Player’s spot to the

Tie spot. (Beasley dealt 0n Banker’s side: 6 and 8 = 14 & Player’s side: Ace (1 1), 3, Jack (0) =
14 which makes it a Tie. Bealey pushed the $5.00 bet back to him.

When I was finished reviewing the Surveillance footage of incident, I went to the casino

and talked with Asst. TG Shift Mng Roger Swinney (HW9965-L1). I was met by Agent
Thomas and Agent Craft. I was advised by Surveillance that Athey was sitting at TL1 810. I

approached Athey and identified myself as an IGC Agent with the Indiana Gaming Commission
and showed him my state credentials. I ésked him to step away from the table so I could speak

with him. I asked him if he had any idea why I wanted to talk with him and he said no. I

advised him that it was reported to us that he had placed a $100 (black) cheque on top of his

$10.00 (red $5.00 valued cheques) bet on EB5914. Athey said that was an accident; he said that

it was in his hand on the bottom of his red cheques and it fell out of his hand and landed on the

bet. I advised him that I watched the Surveillance footage and the move he made was

intentional. I said the cheque didn’t fall from his hand, he reached in his other hand and took the

$100.00 cheque and placed it on the original bet. He said that he didn’t mean to. I said they also

caught you trying to move a $5.00 cheque from your $10.00 Player bet on the Tie. Athey said,

“I did?” I advised that he knew he did because again, the dealer pushed it back t0 him.

When I advised Athey that what he had done was considered Cheating at a Gambling Game
and that it was a Level 6 Felony, he immediately said that he didn’t mean to do it. He saidI

wouldn’t try and cheat the casino. Athey asked if he was going to jail; he said I can’t go to jail,

I’m here trying to make my house payment. He also said I’ll get you as many free Big' Macs that

you want.

I advised Athey that he knowingly and intentionally took shots to receive payment on hands

he did not win.

All events, unless otherwise described or noted, occurred in Dearborn County,

State of Indiana.

Based upon the foregoing ydur affiant believes that Probable Cause exists
facts,
to believe Justin L. Athey has committed the crime(s) of:

Cheating at a Gambling Game: LC. 4-33-10-2, Level 6 Felony

I UNDER THE PENALTIES OF PERJURY, THAT THE FOREGOING

AFFIRM,
REPRESENTATIONS ARE TRUE T0 THE BEST OF MY KNOWLEDGE AND

W
I

BELIEF.

QM/gééfl
0/
 IGC Agent June M. Brackett, GA 190
'

STATE OF INDIANA . )

)
SS:
COUNTY OF DEARBORN )

The foregoing has been examined by me this \? day bf

)4000257’ ,ZO/K at 9 o’,clock _.m
l9 This Court now
finds that it contains facts sufficient to establish probable cause for the arrest/summons
and detainer/appearance of.

”6mm AW/
for the crime(s) of

64W
Owlhwafbdmb/Mj7 [KW] (2 ‘dey

m Wu]
Judge, Deérborn Circuit/Superior Court