Includes video report
A winning $1 million lottery ticket picked out of a gas station trash can has become the subject of a three-way legal battle in Arkansas.
Sharon Jones was at a Super One Stop in July 2011 in Bebee, Ark., when she went to a trash bin to pick up a handful of discarded lottery tickets, as she had done many times before, according to her attorneys.
A program through the lottery commission website allows people to register non-winning tickets for points that they can use to work towards prizes.
"On Sunday, as was a routine, my client and her husband sit around and enter these tickets in the program," Jones' attorney Winston Collier said. "[The program] wouldn't give them points on this one ticket in particular."
The couple realized the problem was that the ticket was not completely scratched off.
"It was, in fact, not a losing lottery ticket and not only that, but it's worth a million dollars," Collier said. "Thus a controversy was born."
Jones turned in the ticket and received a check for $680,000. After the check was issued, the lottery commission began the process of confirming all winning tickets and in the course of the investigation, surveillance footage showed Jones grabbing a handful of discarded tickets from the trash bin.
After seeing the footage, the store manager, Lisa Petriches, claimed that customers were not allowed to take tickets from the bin and that she had a deal with the manager that those tickets belonged to her.
A month after Jones collected her check, Petriches filed a lawsuit against her, claiming that the winning ticket was hers. Petriches also claimed that there was a "Do Not Take" sign on the bin.
"We really don't believe that Lisa Petriches has any claim whatsoever," Jones' attorney Jimmy Simpson said. "She's saying those tickets were hers, but you've got all these people saying they weren't."
Simpson said several regulars from the store are willing to testify that it was common practice for customers to grab tickets from the bin and that that sign was not up at the time when Jones picked up the winning ticket.
"Our theory is that it was abandoned property," Collier said. "Once someone has abandoned it, it becomes the property of the first possessor."
One of Petriches' attorneys, Steven Underwood, refused to comment for the story.
"From our perspective, the person who won is the winner, the person who brought it in," Julie Baldridge, the interim director of public affiars and legislative relations for the Arkansas Lottery Commission said. "We don't take a position on ownership. It's whoever comes to our claims office with their signature on the back."
Baldridge said that legally, it's up to a judge to decide who the ticket belongs to.
A third party entered the equation this week when Sharon Duncan claimed that she was the one who originally purchased the ticket and that the jackpot is rightfully hers. The attorneys are meeing with the lottery commission on Monday to determine if there is any way to confirm the ticket's ownership.
Duncan could not be reached for comment.
The two parties originally involved in the case appeared before a judge on Wednesday, but were dismissed after the judge expressed concern that not all of the necessary parties were present, alluding to Duncan and her claim of ownership.
The $680,000 winnings are frozen as the case makes its way to court, but Collier said that his distressed client already spent some money in the month she had the winnings that she would not have otherwise spent, including buying a used car.
"She is a salt of the earth woman," Collier said. "I recognized her when she came into my office because she used to work at a mom and pop cafe for years and years. She's a friendly person, but she's had to double her blood pressure medication."
The next court date has not yet been set.
Thanks to TheRightPrice for the tip.
Before the Hot Lotto debacle in Iowa,I would say that the person who signed the ticket was the lawful owner.Now I don't know what the heck to think.
The one who bought it threw it away - Dismissed.
The clerk is lying about it - Dismissed.
Sharon Jones found it, signed it and turned it in. She should get it.
I always pick up tickets I find too. Once you throw it away you lost any right to claim it.
I bought 2 quick pick Powerball tickets today. I can tell you which clerk sold the tickets. There will be no controversy. They will just wire about $60,000,000 to my bank account as I hide in a very nice place for a while!
This is greed in it's true form.
I agree with you Ridge.
Give Mrs. Jones her money and be done with it.
Put some icing on this cake, file false claim charges on the other two women.
id feel a bit embarassed to be picking thru the garbage can like that but it turned out lucky for this lady... i always wondered if someone ever threw away a top prize winner like that.
Finder Keeper, losser weaper, if she never told where the trash was there wouldn't be no claimers, give the trash digger her moneyLOL
bwaaa haaaa haaaa haaaaa haaaaa
From the OP:
After seeing the footage, the store manager, Lisa Petriches, claimed that customers were not allowed to take tickets from the bin and that she had a deal with the manager that those tickets belonged to her.
WT2?
What am I missing?
Another from the OP:
"From our perspective, the person who won is the winner, the person who brought it in," Julie Baldridge, the interim director of public affiars and legislative relations for the Arkansas Lottery Commission said. "We don't take a position on ownership. It's whoever comes to our claims office with their signature on the back.
Remember the Texas case where the store clerk told the guy rthat his ticket was a loser and then the clerk cashed the ticket and went to Nepal or somewhere? After that weren't there posts here about lottery commissions asking people a bunch of verification questions? Granted, this case was a scratcher so is a little different, but still.
You have to feel for the person who bought the ticket, but of course there'd be a lot of people claiming to be that person if there was a hint of a payoff.
This is one of the most ridiculous stories I have ever seen. America has gone downhill for sure. Avarice and greed is everywhere which is why our country is in decline. Whoever found and claimed the ticket first, is the true winner.
What a joke!
I'd want to see the store tapes, then I'd want to see the entry times, ticket types and numbers the couple
entered on the website on Sunday. That's about all I'd need to come to a judgement.
HOW does Sharon Duncan KNOW that's her ticket?
HOW does Lisa Petriches lay claim to a discarded pile of tickets by putting a Do Not Take sign on a trash
bin? Do not take WHAT?.....the meaning could be implied as to what not to take but technically, if it didn't
say DO NOT TAKE THESE TICKETS signed by store management....then get back to work and stop tying up
the courts with senseless suits that make judges weary.
Let Jones have it and be done with it. She found it, signed it and turned it in. It will be very interesting to
see what comes of this.
I don't know what is so hard to understand about this. It's Sharon's...end of story.
Throw Duncan & Petriches into the trash. Shake well. Bury them as deeply as possible into the stinkiest landfill. Wait two month's.....
If no reply from either by then.........mail Jones her check.
Let's move on to next LP news story.
I agree, I have never seen a sign in any store that says stay out of our garbage.
LOL!
I tend to agree with ridge,but the law works in mysterious ways.What would seem logical isn't always legal,and what is legal isn't always logical.
"The one who bought it threw it away - Dismissed."
The Supreme Court made a ruling on abandoned property in a case involving search and seizure. Because the property was abandoned the police could use any evidence found against the defendant without a search warrant.
"However, once you dump the contents of the larger trash bin into the dumpster in your alley or you place the trash bin where the trash collectors usually come to pick it up, you have taken an affirmative step to abandon the property."
"The U.S. Supreme Court has decided that cops can search and seize abandoned property. In essence, once papers or contraband have been thrown into a trash receptacle, it is considered "abandoned" and anyone, including the police, can look through it and claim ownership."
http://criminal-law.freeadvice.com/criminal-law/arrests_and_searches/cops_search_garbage.htm
You're absolutely right on this one. Lawyers have got to be the lowest of creatures and perhaps thay why people hate them so much. If Sharon Jones has to hire a lawyer to defend what is so clearly her rightful possession then the clerk and the alleged ticket buyer should compensate her the attorney fees.
I cant even believe that the lottery commission is entertaining this nonsense.
Once you dump something in the trash, it's up for grabs. This is the same thing that police & FBI count on when they go through trash to obtain information on an individual, or use disgarded cigarettes and soda cans to obtain DNA samples. Whoever picked it out of the trash, signed it & turned it in should get the money; the store manager's "agreement" means absolutely nothing, and the supposed original buyer threw it away. So sorry, but you're SOL...
If I read the story right, I don't think the Lottery Commission is doing anything. It sounds like the store clerk filed a lawsuit and the court froze the funds. And now the court will utimately have to decide who will get it. The Lottery Commission paid Sharon Jones and considers her the rightful owner.
This similar but different from the case of Willis Willis in Texas. There, the Lottery paid the thief and left it to the courts to decide. Generally, under the law, a thief has zero claim but a finder may have a valid claim, but not always. You hear stories of the Brinks truck door left open and money bags fall out. The finder doesn't get to keep the money.
It will be interesting to see how this all plays out. I hope Sharon prevails. She is honest that she found the ticket in a batch of discarded tickets.
I hope Sharon wins without losing too much money. She deserves it!
Not so sure about that, Seattlejohn...... there was a news story a few days ago about someone getting arrested for taking coupons out of a trash can.
The trash bin was marked with a "Do Not Take" notice taped to it (as shown on news video).
From all intents and purposes, it's asking not to move the recepticle.
I'm perplexed on the first paragraph. The way I read it, it's saying Lisa the store manager got together with herself to agree to make a deal that they belonged to her?
Wha?
I think I know what it means, it's just worded funny.
And I agree, Sharon should get the money. The ticket is a bearer instrument!
Jones needs to sue them both for all of her legal fees, when all of this is over with.
Why should they need a sign? If it's not your property you have no right to take it without permission. Stack's post about the law regarding search and seizure tpuches on that. Here's part of what he didn't quote: "If the police come knocking on your door without a warrant, they can’t use the “abandoned" property or garbage exception to search the trash bins in your house." The store may not care and they may not stop you if you don't ask, but the trash belongs to the store and is entitled to the same legal protections as their other property until they abandon it by putting it out for collection.
Duncan, the woman claiming she bought the ticket may have the best claim to ownership. It was apparently Petriches' attorneys who identified her as the original purchaser, and one of the other clerks has testified that it was bought by Duncan. She says a scanner didn't identify it as a winner, and that she then put it in the trash for Petriches. That may mean that she didn't really abandon it, since she obviously wouldn't abandon a winning ticket.
Since Jones had no automatic right to take trash from the store's trash can she needs to prove that she had permission to take it. Without convincing evidence that she had explicit permission she may be able to prove that she was entitled because it was a common occurrence and the store never made an effort to stop people from doing it. She probably also has to prove that Duncan did abandon it, but not so that Petriches could recover it later.
The store manager may have some problems too, because the trash belongs to the store owner, not the manager. Would anyone be surprised if the owner came along and made it a 4 person dispute?
ive seen people tear up tickets before disposing of them, noew i know why, they where saving everyone the drama of drawn out legal battles.
I am laughing sooooo haarrrd tears are actually rolling down my cheeks.....;..) U R No Good...I can't stopppp laughing....;...)
The lottery rules should not be like that because if Sharon Duncan originally purchased the ticket and did not realize it was a winner they should also be able to see that on the
video tape footage at the store as well. Lisa Petriches is a liar she was just probably suprise that Mrs. Jones pulled the ticket out of the bin and it was actually a $1million winning ticket.
This Mrs. Jones lady is just greedy I think that Mrs. Jones and Sharon Duncan should split it because rightfully Mrs. Duncan purchased the ticket ask yourself this question.
Would you walk away from the $1million prize if you were Sharon and you purchase the ticket with your money and be honest?
Do you think Mrs. Duncan and Mrs. Jones should split the ticket because Lisa is out of it she is just a greedy worker.
Thanks for the feedback libra926! Now only 58 day's to go, and we can mail that check back to the deserving soul who has been waiting so patiently.
I agree. I also believe the store manager is a liar. She needs to be fired. Let the lady who picked up discarded property enjoy her good luck. If you bought a winning ticket but threw it away, you threw it away. You did not want it. You don't get to claim its your just because you changed your mind after the fact.
People take tickets out of the garbage everywhere they have 2nd Chance Drawings and all the managers and employees know it. It saves them the work of hauling them out and the expense of more garbage bags.
Jones and her husband had been doing this for awhile and it's doubtful that management didn't know about it.
Now, they just have to deal with all the scammers and whiners who always come out of the woodwork.
I think common sense will prevail in this case unless the judge is a lib.
Sharon Duncan bought the ticket. She threw it away. Period. There is no splitting it. She did not want it. She took her chance, she halfway scratched, trying to be clever and quick, she threw it away. Sharon Duncan thought it was a losing ticket. She does not get to a second chance because she threw away a losing ticket which turned out to be a winner.
This is not a case of someone who played for twelve years in an office pool and the one drawing they don't play because it was a choice between food on the table or lottery tickets, the pool won. No splitting. It belongs to Jones.
I agree with you that Lisa Petriches is a liar, though. What a piece of work. Sometimes I feel badly for attorneys. They are required to represent their clients, even if their clients scum. Then I remember they're attorneys, and they don't have to take on a case if they don't want to, so they figure there must be a chance at a payday for themselves in all this, so forget the attorneys, too.
Thanks TheRightPrice,
When youy boil it down to the core, it's a no brainer.
It comes down to ticket purchaser Sharon Duncan. The article and video don't indicate if Sharon Duncan used this "Super One Stop" lottery computer to scan this scratch off ticket that she had purchased -- either at this Super One Stop or a different Lottery Retailer.
If Sharon Duncan had indeed had her ticket scanned at the Super One Stop, and the scanner indicated that her ticket was "Not A Winner," then Sharon Duncan should ALSO be given the $1M prize from the Arkansas Lottery Headquarters. Fortunately the store had a camera and that camera had working film in it. That's a rarity, it's expensive.
Additionally, the Lottery Headquarters should repair any of their other MIS-DIRECTING lottery reader machines at all of their additional lottery retailer's stores.
I noticed that this article and video don't state if the trash bin was located inside or outside of the Super One Stop. I think it is okay, in the future, for a store's inside bin to be changed to "Don't remove tickets." And for, perhaps, a store's manager to have an agreement with the store's owner to be allowed to keep those discarded tickets (though I believe that the store's other employees won't necessarily go out of their way to enforce the sign's demand to store's greedy customers and/or visitors who are willing to pretend that they can't read and respect rules).
very true , i didnt pick up that the ticket may have been scanned and that it reported being a loser. so may have been discarded as a fault of the scan/ printing, or indeeed the incomplete dscratching of latex repoting it as a loser when infact it was a winner.
maybe the person scratches the rubber off the bar code area until it scans to check and doesnt bother with the rest of the ticket.
remeber the garbage divers didnt know it was a winning ticket either, so the lotto must make rather cryptic looking winners.
"It's whoever comes to the lottery claims office with their signature on the back". The problem is that the court system keeps allowing people to have these bogus lawsuits. Granted there might be a few out there that have merit but you know what, thats the original ticket purchasers fault. If someone is dumb,careless, stupid etc to not keep track of any lottery ticket(scratchoff, mega, powerball, etc) and not verify it from MULTIPLE sources, and lose it misplace it, allow someone else access to it, or (the one that takes the cake!) handing it over to a stranger to check to see if its a winner.............you deserve to lose winning the prize. The courts need to quit letting these things happen and take the same position as the lottery, whoever signs it gets to claim the prize. And to the person that found those two twenty dollar bills in the supermarket parking lot last week, you need to return them because its in no way my fault that I left the zipper open on my jacket....LOL
GO>>>>>>>>>>>>>>>>>>>>>> GIRL'$
PSYKO LUV'sssssssssssssssssssssssssssALL of UUUUUUUUUUUUUUU >>all>>OVER
Mrs. Sharon Jones rightfully yours!!!