Arrested for Capping

#1
Late Saturday night at a small Casino in Burien Wa a friend of mine was arrested while cashing in his chips at the cage for allegedly "Capping" bets. I didn't see him get arrested as I was off scarfing down a comped breakfast. I was informed by security he was being arrested for capping and that they had it all on tape. He was outside cuffed in a cop car. They turned the tape over to the police and he is now awaiting the investigation. He was not taken to jail. He was released after 45 minutes or so. The police took 1400.00 in chips as evidence.

So... here is the deal. At this point we don't know what they have on tape. I was sitting next to him and remember one instance where a player to his right had split hands a couple times and had like 4 bets out. The dealer busted. The player reached for his chips before being paid and the dealer reprimanded him. The player was confused and my friend explained that you can't handle your chips before being paid because you could add money to the bet. He pulled a 5.00 chip off his stack and added it to his bet and then pulled the 5.00 chip off the bet and put it back in his stack. The dealer then paid him the correct amount and the game went on for another couple hours. During this time he had a pretty nice run as did another one of our friends. They were up close to 5,000 between the two. This was a 5.00 table at a little shithole casino. They were betting Blacks on multiple spots by the end. When we were ready to go we had about 3,000 profit left between the 3 of us. 2 of us cashed and went to eat our comped breakfast. When our friend went to cash they told him they were getting more money for the cage. They told him it would be 10 minutes or so. He came and ordered food and when he went back to get his money he never came back. There were 2 policemen waiting for him.

He swears up and down that he never did any capping. He says the only thing he remembers doing is the same story I told where he was showing a guy why he couldn't handle his chips before being paid.

Is that one "demonstration" enough evidence for the Casino to have him arrested for capping? Does this really show fraudulent intent? If it is truly only this one instance they have on tape which was over 5.00 (that he was not even mis-payed!) would the other 4 hours of tape help defend him proving there was never any fraudulent intent? I understand fraudulent intent is a necessary element to be guilty of cheating.

Anyone have any experience with this or have any advice of what he should do to defend himself? This is a Gross Misdameanor if they pursue charges.

Is this just a case of a little Casino just harrassing him for winning?

any advice would be appreciated.
 
#2
Yes, the tape will demonstrate his innocence. He can and should not only defend his innocence and get his money back, but when the case against him falls apart sue and/or collect a profitable settlement.

He should pick a decent lawyer and be very pro-active. zg
 

Brock Windsor

Well-Known Member
#3
If what you say is completely true it sounds like they don't have a case. Their only evidence is the video and if the only instance of capping is that one $5 incident which he can explain, the charges should be dropped. Make sure you get all your chips back. Has there been formal charges laid?
 

moo321

Well-Known Member
#4
If he's telling the truth, he'll be fine.

I once was at a table with a guy who BLATANTLY capped a green bet (doubled for less, then tried to make it a full double when he caught a ten). The dealer reprimanded him, and then HE rolled his eyes at her, and started getting pissy. I was completely flabergasted. If the dealer said something to anyone, it would have likely been an open and shut felony conviction, and completely ruined this guy's life. I don't think he even had any clue what he had just done.
 
#5
He claims that is all he remembers doing. We were pretty drunk. He could have done something else by accident that they have on tape. We're not sure yet.

There is a case number and an investigator will be assigned on Wednesday.
I assume they'll review the tapes and read the statements from the Casino along with his statement and decide if it warrants filing charges.
If the 5.00 "demonstration" is the only thing they have on tape, I can't imagine they'll pursue it.

I wonder if they just gave a recorded tape of that one instance or if they gave tapes of the whole 4 hour session showing him betting from 25.00-100.00 and tipping like crazy. A 5.00 "cap" would be ridiculous the way he was playing. Drunk and loose. I can't believe they made him sign a 12-Month Ban! They should have invited him back with open arms to give it all back.

This was so classic. First time I've seen him book a BJ win in years and they steal his chips.

He does have a Lawyer ready to go... kinda wants to see what happens Wednesday before spending a bunch of money on this. If he just gets the chips back and it goes away I think he'd be fine with that. It would probably cost a lot to sue for malicious prosecution. It seems like he might have a case for harassment if truly all they have is the 5.00 "demonstration" that they did not even mis-pay him on! Did that really warrant calling the police? And did they police fully understand the tape they reviewed in the surveillance room? How could they watch this and feel it was worth pursuing.

The cops were being total dicks and hard-asses telling him he was for sure going to jail. They questioned him and realized he has a solid job and family and was obviously just out with the boys. Figured out he wasn't some scumbag. After he sat cuffed in the car for :45 minutes they changed their mood and said that if it was all a misunderstanding it would be worked out. They let him go home.

I'm not sure how the police reviewed a tape before arresting him but still have doubt and say it could be a misunderstanding? Sounds like they didn't get the whole story from the Casino. Basically the Casino and Cops didn't do a damn thing to just resolve this on the spot.

Pretty crazy. It'll be interesting to see what comes of this.
 
#6
He should get a lawyer *now*

In my other life, I'm a criminal defense lawyer (but not in WA). I've dealt with 100s of "misunderstandings" that result in charges which are not sorted out until after arrest, indictment and, sometimes, trial. It's nice that your friend has a lawyer ready to go--but he needs to spend the money *now* and get his lawyer involved *now.* If nothing else, the evidence needs to be preserved and this is not just the video tape--although that may effectively either clear him or damn him. My guess is that right now it would be possible for the casino to figure out, from player's card info and pit info, who else was at the table, the name of the dealer, etc. These are potential witnesses. Additionally, somebody other than your friend should be advocating with the police and prosecutor's office. Your friend likely made some statements already but my guess is that his lawyer will tell him to stop making more statements at this point.

PLOPPY.
 

mdlbj

Well-Known Member
#10
If it is the Burien Police, they are a-holes. I think I know the little place you are talking about. There is a Asian guy that works there. He was a prick. I walked in and out of there after about 15 minutes, they did not appreciate my action.

I don't remember the name of the place but It was in the middle part of an L shaped building.

Lot of dealers piss their money away there as well, not card dealers.
 
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