SYRACUSE, N.Y. — Prosecutor Beth Van Doren has called 11 out of 15 potential witnesses to the stand in the Onondaga County Court trial of two brothers accused of stealing a winning $5 million lottery ticket.
The bench trial before Judge Joseph Fahey began Monday and resumes this morning. Thursday, Van Doren questioned several co-workers of Robert Miles, a maintenance worker who claims he is the real winner of the $5 million.
Miles alleges that Andy Ashkar, who is charged with criminal possession of stolen property, stole the ticket from him at The Green Ale Market in October of 2006. The winning ticket was validated on Oct. 27, 2006, according to lottery officials.
Andy and Nayel Ashkar tried to claim the winnings in March of 2012 at a state lottery office in Schenectady. They are both facing conspiracy charges, as is their father, Nayef, who has a separate trial date scheduled in September.
In court on Thursday, a maintenance supervisor at the Parkside Commons apartment complex in Syracuse testified that he saw a co-worker buy and scratch off a winning $5 million lottery ticket in October of 2006.
Ramon Rosario took the stand Thursday during the Onondaga County Court trial of two brothers accused of stealing a lottery ticket from Robert Miles.
Brothers Andy and Nayel Ashkar tried to claim the winnings at a state lottery office in Schenectady in March 2012. They are charged with conspiracy, and Andy Ashkar is charged with criminal possession of stolen property.
The brothers' father, Nayef, who owns the convenience store where the winning ticket was sold and validated, is also charged with conspiracy. He has a separate trial date scheduled for September.
Rosario was one of several of Miles' co-workers who testified about seeing Miles "jumping up and down, yelling that he had won the lottery" after he bought a scratch-off ticket at The Green Ale Market on his lunch break.
However, Rosario was the only witness called by prosecutor Beth Van Doren who said he actually saw the ticket closely enough to read its value.
Rosario said he looked at the $20 scratch-off ticket, which was an instant winner, and saw a "five comma zero zero zero comma."
Rosario said Miles thought the ticket was only worth $5,000. He said he asked to see it and told Miles it was worth more.
Another co-worker in the area that day, Ricky Pritchett, said he remembered seeing Miles jumping and down.
"He said he won $5,000," Pritchett said.
James Ratchford, another Parkside Commons employee, remembered the event differently. He testified that Miles jumped up and down and "said he won $5 million."
Former maintenance technician Desi Melendez said Miles first said he won $5 million, then became confused and only thought he won $5,000.
Melendez said he could tell Miles had gotten high on crack cocaine the night before because he was "hyper." He said Miles ran back into the store to see how much he'd actually won.
When he came back out, he told his co-workers that the store employees told him the ticket was worth $5,000, according to testimony.
Miles, who took the stand Wednesday, said he knew it was worth $5 million, but accepted $4,000 from Andy Ashkar because he wasn't feeling strong enough to "put up a tussle."
Defense attorneys asked several of the prosecution's witnesses today if they had criminal records. Miles admitted to setting fire to a car after an argument with his wife. He was charged and convicted with third-degree arson. Melendez admitted to two drug-related convictions from 2004 and a perjury charge from 1996.
In between testimony from the Parkside Commons maintenance crew, prosecutor Beth Van Doren called a lottery records keeper to the stand.
Richard Pulsifer, a lottery operations specialist, said he pulled records on the Ashkars and their store after the lottery launched an investigation into their claim.
Van Doren asked Pulsifer if The Green Ale Market ever cashed an "Extravaganza" scratch-off ticket worth $5,000. He said no.
She asked if the store had made a payout for lottery ticket winners worth more than $5,000 from October 2006 to now. He said the store had once, on June 16, 2008, but not for an "Extravaganza" ticket.
Asked how many times Andy Ashkar had won more than $1,000 on lottery games in the last six years, Pulsifer said "five."
During cross-examination, Pulsifer was asked to elaborate and noted that only two of those cases involved scratch-off tickets, and one, involving the ticket in question, is still "pending."
BINGO!!! ---- this is his main job, the car dealerships is just a hobbie on how to RIP PEOPLE OFF!!!
"Asked how many times Andy Ashkar had won more than $1,000 on lottery games in the last six years, Pulsifer said "five."
what about the other brother winnings and the father.............??????????? do they have any cousins that have
won there?????????????? (They will just say that they are LUCKY)....
beaudad
The States key witness so far is a guy convicted of perjury from the "Commons"
Yikes, thats a bunch of messed up people, High on crack ?
It's a dream come true to actually win the lottery. But, in this case, it's becoming a real NIGHTMARE!!! I hope the rightful person gets his $5 million dollar jackpot!!! The lesson here is you should always check your own ticket. Don't turn it over to someone else (especially a clerk from a store). Just don't risk it.
i hope the judge puts him on an annuity, and drug tests to actually get paid, after say 5 years clean he can have the lump sum. if he was smart he would do it himself. good luck Mr crackhead, you are going to need all of it.
I think the crack dealers all over the area will be celebrating yes we now have a new VIP custormer about to get paid yepeeeee. lol
l really wish him best of luck the only problem is that if you can't control crack use probably you can't control 5million dollars you see the 5million dollars is another stronger crack by itself. But good luck and its a blesson you didn't get paid when you where high you will probably not have remembered you ever won anyway lol.
The noose seems to be tightening around the necks of these brothers. Their Father is part of this circle of crime and awaits his own trial.
As Yoda would say " Pay for your crime- you must"
It inconceivable that anyone would lose a $5 million ticket and never tell a soul.......
Give the brothers their money.
Melendez said he could tell Miles had gotten high on crack cocaine the night before because he was "hyper." He said Miles ran back into the store to see how much he'd actually won.
Has anyone thought that had the two brothers not stolen his money, he would have been dead from drug overdose?
Imagine the kind of drugs 5 millions could buy.
Remember the lady on welfare who died from drug overdose after winning a million dollar lottery?
Stifling! I hope Robert Miles receives his electronic transfer of $5M gross scratch off jackpot win this year!
The brothers' mother, Wasa Ashkar, said her husband, Neyef, sold the winning ticket to Andy at the couple's Green Ale Market, but she couldn't remember exactly when. In an interview last month with MailOnline last month, Mrs Ashkar said that they are now known as 'the good luck' store because of her son's big win.
She said that while they have never had a similar multi-million dollar win, there have been a number of smaller victories in their shop. A few years ago, a woman won $700,000 in a similar scratch-off game.
She said she and her husband were Palestinians from Jerusalem who immigrated to the United States nearly 40 years ago and have owned the store for 12 years.
Hmmm- So the Mother is saying that her husband sold the winning ticket to their Son? She had better watch it, if she is called to the stand and repeats that, she will be charged with lying to the court.
Chris Hanson did a piece on lottery convenient store owners who are " super lucky" they always winning along with brothers,cousins & close relatives.What a lucky bunch. Come to find out that their good fortune stems from people who walk into these stores and ask the store clerks to check their lottery tickets.. * (use your Iimagination)
I see the same pattern here.
A whole family of lying thieves.
Deport 'em all back to where they came from after they finish their maximum sentences.
Let 'em rip off their own people.
That could all be true, but you have no way of KNOWING that the clerks cheated and now your calling the Mom a liar. What if your wrong and making false accusations?
Could all be True in a alternate Universe Ronnie.
This so called " lucky family" is on trial. Both brothers and the Father. If Andy was such a lucky guy- why does he need to rip a scratcher out of someone's hand?- hey, Andy wins all the time right? Plus Andy has won so many times over the years-his the Palestinian version of Richard Lustig huh?
What did you expect the Mother to say " Yes my Son did take that ticket out of Miles hands?"
Oh ok, so "its the cracks fault" that Miles lost a $5 million ticket and never told the police or called the lottery office? You always believe anything a trust worth crackhead tells you right?
"The brothers' mother, Wasa Ashkar, said her husband, Neyef, sold the winning ticket to Andy at the couple's Green Ale Market, but she couldn't remember exactly when."
The lottery knows when the ticket was scanned, and IIRC it was the day after the ticket (or the roll) was activated. That would mean the rightful owner knew it was a winner on the day it was bought or the day after it was bought. Who wouldn't forget what day they won $5 million? Her story makes perfect sense and sounds completely believable.
Well sorry i disagree with you. This familly hide the ticket for six yrs and closed the store before trying to cash the winning ticket. Something smells bad here if there store was such a luck store and their family with better odds of winning than all their custormers combined then why don't they share the lucky news 24hrs after everytime they win and let the world know how lucky the store is and get free publicity but no they don't but hide peoples winning ticket in bank vault for six yrs , close there lucky store and come up with a silly story to share with his brother for being his lucky crime partner and then tell the lottery official they will settle for less money to avoid free press ceremony . I think the police dogs need to be released to chase this family out of the public court room for good they are a disgrace to basic humanity after all there stupid effort they still loss more than they could gain so what is the point of being greedy and very stupid.
I on the other hand am not sorry to disagree with Ronnie & Floyd. They think this event never happened, that Miles being a present or former crackhead is imagining this- its all in his head. You get robbed and suddenly you the bad guy. This family did not want a jury trial because the jury would have seen through their BS.
What the heck does smoking crack the night before have anything to do with your $5 million lottery ticket getting snatched out of your hand?
That's tantamount to saying if a beggar gets beaten up for asking for money- he deserved it...
"Her story makes perfect sense and sounds completely believable."
Sure it does, Floydie.
Sure it does.
Makes perfect sense and sounds completely believable.
That's the same question I'm asking, what does being on crack the night before have to do with LETTING someone snatch $5 million from you without telling the police, the lottery office, his Mommy, or anyone else?
His story would be believable to me if he showed up in court and said "Look your Honor, at the time I didn't care about the $5 million as much as I wanted to just take the $4000. and go get high" ........
The whole idea that someone snatched the ticket away from him, and he never said anything to anyone is what really stinks about this story. But then, being a doper and a liar go hand in hand.
Ronnie- there are time that you have your moments, but this one Arizona is not one of them. Miles explained it to the judge- Remember this Ronnie..
" Asked by defense attorney Robert Durr why he didn't go to police or lottery officials when the ticket was allegedly stolen from him, Miles became obviously agitated, raising his voice with each new answer.
"What was I going to tell police?" he asked. "I didn't have nothing. What was I against a store owner? Who am I — a crackhead against a store owner?"
Miles is telling the truth. Its kinda strange that you do not see it that why Ronnie, but then again- like l said" there are times you have your moments but ...."
Why no testimony about the $4000. he was supposed to have received?
Dear Ronnie did you read this...from last year?
NY brothers charged in plot to steal $5M New York Lottery ticket
Nov 14, 2012, 5:07 am
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Rate this:They waited until shortly before the $5 million winning ticket in a scratch-off lottery game would have been worthless. Then, when two brothers from the Syracuse area went to claim the prize, they made an unusual offer: They told state lottery officials that they would be happy to take home less than the full amount if they could avoid a news conference.
(See NY brothers claim $5M win from '06 lottery ticket, Lottery Post, Oct. 17, 2012.)
The officials made them wait some more, saying a security check had to be completed before the big payday.
But "security check" turned out to be another name for an investigation that ultimately led to the brothers' arrest on Tuesday on larceny and other charges. The authorities said the two brothers had tricked the actual winner, a customer at their parents' convenience store.
The brothers — Andy Ashkar, 34, and Nayel Ashkar, 36 — were charged with attempted grand larceny and conspiracy. The Onondaga County district attorney, William J. Fitzpatrick, said in a statement that Andy Ashkar was also charged with criminal possession of stolen property, the ticket in the "$500 Million Extravaganza" game, sold in October 2006.
Andy Ashkar told the buyer at the time that it was only a $5,000 winner and, after pocketing $1,000 as a "fee," gave the man $4,000, according to the statement from Mr. Fitzpatrick.
Mr. Fitzpatrick said in the statement that when the Ashkars went to the lottery's headquarters in Schenectady in March of this year, they were told they would have to wait for the "security check."
The next milestone mentioned in Mr. Fitzpatrick's statement was an article last month in The Post-Standard of Syracuse about the Ashkars and the winning ticket — a story Mr. Fitzpatrick said "was actually put out by the lottery security division in an effort to have the real winner come forward." Other news outlets including The Associated Press also carried the report, based on a news release from the lottery's communications office.
John Lammers, the enterprise editor of The Post-Standard, said the newspaper assigned two reporters to the story because the editors wondered why the lottery had disclosed so much in a news release. Usually, he said, the lottery waits to announce a winner's identity at a news conference.
"Nobody put a fast one over on us," he said. "We were suspicious of this from the get-go. Something was going on.
"We put it on the front page because of all the red flags, and our readers got it immediately."
The lottery's news release said Andy Ashkar had bought the ticket but had waited to redeem it "out of concern that the winning ticket could negatively influence his life if he did not plan properly before being publicly introduced."
"Most notably," the news release said, "Ashkar said he did not want the winning ticket to influence his engagement and subsequent marriage." The release also said that Andy Ashkar wanted to share the money with his brother "to show his appreciation for all that Nayel had done for him during his life."
Carolyn Hapeman, a spokeswoman for the lottery, said at the time that it was "unusual" for the lottery "to send out a prerelease about an upcoming winner event." The news release said the lottery "requires" players who win $1 million or more to attend a news conference.
"We've been getting a lot of calls about this particular ticket and these individuals," she said on Oct. 17, "and rather than anybody question 'Is it true? Is it true?' we sent out what we know thus far." On Tuesday, she referred questions about the case to Mr. Fitzpatrick's office.
His statement said the false release had served its purpose; the real winner had come forward "and will hopefully be awarded his actual winnings pending the conclusion of the case against the Ashkar brothers."
There was no answer at the Ashkar family's store or at their homes.
As for the real winner, the authorities did not release his name.
i didnt think thre was any doubt the crackhead was the rightful owner. I bet the family was hoping natural causes would take their course, and he would be long dead in 6 years. bottom line is, 6 years, that 1 mill is worh about 500k now if you take into account inflation.
the victim has prob had his ego destroyed he felt he wasnt worth fighting for. he didnt realise 2 important facts, the lotto comossion cares, and his finger prints are prob still on the ticket.
Floyd- if you out there in the cold, come on in....
Floyd- did you read the article l posted for both you and Ronnie's benefit from last year?- has it changed your mind about these " Lucky lottery Brothers" (Andy Ashkar, 34, and Nayel Ashkar, 36)?
If nature wouldn't take its course, I bet the lottery would.
Everybody knows what would happen if you give 5 million dollars to a crackhead or even a recovered crackhead.
These nincompoops and nuskulls will never learn this lesson. When I head to the store with an already played ticket, it is sure to have been a winner since I check the numbers on the Internet and over the lotto phone. So I know that I am certainly a winner and the clerk cannot deceive. Moreover, nowadays, there is that ticket checker that says you have won and when the ticket runs through the lotto machine, it makes a casino-like sound suggesting that you have won. A couple of times there have been times when the store clerks claim that the machine is mulfunctioning. I often tellthem that I checked the Internet website of the game as well as the lotto phone. I often tell them that if your machine is mulfunctioning, then give my ticket so that I take it to the next lotto vendor for verification of my lotto wins.
Dear Ronnie did you read this...from last year?
NY brothers charged in plot to steal $5M New York Lottery ticket
What does your re-posting of a previous story have to do whith my question about witness testimony?
is there any Happy news????
Even if he did buy the ticket (he only came forward after the state "smoked out" a victim) he sold the ticket and gave up his right.
Happy news....... Your in FL.....
Judges usually take about 2 weeks of "advisement" before they rule.
You guys are killing me!!!!!! Funny!!
I'm crying with laughter. You guys need a show!
l have my show- thing is: its private.
He could not have given up his right because the person that bought the ticket from him is a liscenced personel with authorization to faithfully sell and reedem tickets for custormers if on the other hand he went out on the street and bought crack with his ticket then I will agree with you but he did not do that . lottery officials or representatives have a higher code of conduct just like you saying a police officer will tell you you have the right to remain silent and then shoot you in the head is that fair no.
Correctomundo! Well put.
Time for these guys to get their toothbrushes and
soap on a rope together. They're going to get a long stay.
You're too stupid to even know you're stupid.
Ooooooooooooooooooh, did somebody get up on the wrong side of bed today?
Yeah, KY Jelly Man, maybe someday I'll be as smart as you.
But in the meantime, snuggle up and put your nose where you usually have it on somebody and inhale deeply.
Are ya ready, son?
Pffffffffffttttttttttttt!!!
There ya go little buddy!
How was that?
And when you get time, little floydie poo, the miserly cheapskate who breaks the bank spending a whole $20 a year on PB, expound a little more on how innocent those poor shopkeepers are who kept the winning ticket for 5 years and then didn't want to sign it. Yeah, tell us more how perfectly reasonable that was, you insufferable moron.
That's your assignment for today, Clownboy.
UH-OH!
Pucker up again, KY Jelly Floydie!
Pfffffffffffffffffffffffffttttttttttttttttt!!!
Im sure being stupid is not all that bad KY. Can you give us some pointers on livin the stupid life?
I hope so.There are some cases where an example has to be set, and you looking at one right here Ladies & Gentlemen. Andy " crossed the line" when Miles after legitimately buying a $5 mil scratcher has it taken away by force and Andy claims ownership.
Had Andy paid Miles $4 mil for that ticket, we would not be hearing about this case. But the fact that he paid him $4,000 and pocketed $4, 996,000 is gross & reckless behavior and he should be rewarded with jail time.
Time for Andy and company to make " New Friends"
I think $4000. is more than fair, for a crackhead who is stupid enough to say: "What could I did against a big strong important shop owner?"..... I say the brothers get a least half the money and drop all charges.
So this is how one thinks when the desert heat takes it toll on the brain?
I'm sure the statement of the witness will aid them in concluding this trial. I wonder if the real winner can still claim his prize.