SYRACUSE, N.Y. — In a closely-watched trial in Syracuse, New York, a judge convicted one brother accused of stealing a winning $5 million lottery ticket from a convenience store customer but threw out conspiracy charges against his brother.
Andy Ashkar, 35, was found guilty by Judge Joseph Fahey of criminal possession of stolen property. He was handcuffed and taken to jail immediately following the verdict.
His brother, Nayel, who was acquitted on charges of conspiracy, was free to leave.
Prosecutors say Andy Ashkar stole the ticket from Robert Miles in 2006 and waited nearly six years to cash it in, in hopes he wouldn't get caught. Miles testified to using crack cocaine the night before he bought the winning ticket at The Green Ale Market on East Fayette Street. He said Andy Ashkar told him it was only worth $5,000 when he turned it in to check on the winnings.
Andy Ashkar faces a minimum sentence of 1 to 3 years in prison and a maximum of 8 1/3 to 25 years for possessing stolen property. The brothers signed a waiver last week allowing the judge to rule from the bench.
The brothers' father, Nayef, is also charged with conspiracy and has a separate trial date scheduled for September. Defense attorney Kevin McCormack, who is representing Nayef Ashkar, said the judge's verdict today "may be helpful" to his client.
Andy Ashkar's sentencing has been scheduled for May 29. Defense attorney Robert Durr said he respected the court's decision, though he felt there was enough reasonable doubt to acquit his client on all charges.
He said he would be speaking soon with the Ashkar family about Andy's right to appeal.
Attorney Robert Tisdell, who represented Nayel Ashkar, left immediately following the verdict. He said he was disappointed with the judge's decision to convict Andy Ashkar for possession of stolen property as he walked toward the elevator.
It's still unclear whether or when Miles, who says he is the rightful owner of the $5 million ticket, will be paid by the lottery.
As prosecutor Beth Van Doren left the courtroom, she said she was "amazed" by and "ecstatic" about the verdict.
She said she was "proud an ex-addict was able to come forward, and be believed."
"Some say (the lottery) is a dollar and a dream, but for Rob Miles it was $20 and a nightmare."
Van Doren said the trial backs Miles' assertion that he is the rightful owner of the $5 million.
"I am so confident the lottery is going to do the right thing," she said.
News of verdict spreads near competitor's store
No one was in sight around the Green Ale Market this morning as the verdict was announced in the case of a stolen $5 million lottery ticket bought at the store.
But two blocks away, it was busy as usual around King Soloman's Food Mart, where news of the guilty verdict spread quickly.
Outside, Jennifer Graves set up a tent to sell clothing to the people walking by. Graves, who lived in Syracuse for 30 years before moving to Auburn five years ago, said she was happy with the verdict.
Graves called what happened "uncalled for and despicable." Prosecutors say Andy Ashkar stole the ticket from its rightful owner, Robert Miles, who bought it at the Green Ale Market, the Ashkars' family store. Miles has said he was high on crack cocaine at the time and was convinced to only take $4,000 in winnings.
"You can't do that to people, no matter who they are," Graves said. "They're human beings."
Graves said she doesn't think the market should be allowed to remain open. Its ability to sell lottery tickets has already been stripped.
Ralph Maloney, who lives near the market on Croly Street, said the Ashkars coerced Miles out of his rightful money.
"They knew what they were doing," Maloney said. "They thought the were going to get away with it."
Maloney said he knew both Miles and the Ashkars. Even though he thought what happened was wrong, he continued going to their store because it was the only one close by.
"I hope (Miles) gets all his money," Maloney said.
Inside the competing King Soloman's store, the man behind the counter declined comment. But he had his laptop open, following the coverage of the verdict.
Several people inside the store talked excitedly about the case. A few said that neither side deserved to get the money.
I am smiling and happy, justice should make every honest person happy.
Good decision, would have been better if both were convicted. Like I said before if you do the crime do the time.
Good. I, too, hope the "Lottery Headquarters does the right thing" and issues Miles the $5M this month!
I hope the judge sentences him to 8 1/3- 25 years in prison and then he gets deported when he is released.Make an example out of him!
Yes and to think some folk who visit this forum on a regular basis were pulling for Andy to " get away with it" blaming Miles for being a crackhead and coming up with all kinds of excuses. Carrying on like Racists because Miles is black. I heard it all,his stupid, he gave up his rights to being paid the full amount because he could not count etc, his lying. Well Justice was served.l hope Andy serves the full 8 years as well, and Miles gets paid millions, its what he originally won- fair and square.
The whole family should be locked up.
Even the mother lied saying she saw her son purchase the ticket.
Not only should the entire family be locked up,they should ALL be deported after they serve their time!
Best wishes to Robert Miles and his family.
I agree. I told ya I did not think it was going to go as well as everyone thought. His attorney did a good job of creating a lot of confusion. But it was better it was a bench trial because a jury might have been way too soft on him.
Personally I think both brothers are slime and ought to be locked up a long time and the mother should have been charged as well (lying in an investigation or maybe lying to an official.)
Good outcome. Best wishes to Miles, hope he gets what's owed to him.
bs, you said he shouldn't get anything because he was a crackhead. from your posts, i thought you were the thieves' friend or lawyer.
I wanted to comment earlier but I couldn't...I am glad to see that one of you who spoke negatively about miles have chosen a different route in this forum.. There were so many people judging him and I am not sure if it was due to his race...racism is still alive these days.and only the ignorant and guilty say it's not.
Miles using crack cocaine the day before he bought the ticket to me was irrelevent since there isn't a law that I know of that says you can't purchase a lottery ticket under the influence of drugs or alcohol.now morally and spiritually speaking I don't condone illegal drug use.however, prayer and love draws and soften the hardest of hearts.A crack addict be saved..so I will say this..I have purchased some tickets that I didnt have time or care to figure out like those crossword tickets..I just stratch the code and give it to the cashier to scan..not even thinking the clerk would lie to me BUT I always kept my tickets win or lose..so I go back home and look over it...Instead of calling Miles a crackhead(prejudice) ignorantly choose to believe that he trusted the clerk and instead of getting treats he got kicked and tricked..The boys overode their personal conviction for a very long time thats crazy to me..I agree that they all should have to suffer the consequences for their actions..But who am I..God knows I have done wrong in my life and if it wasn't for the grace and mercy of God.Praise Jesus..I am sure I would be a mess right now..but instead I am sitting in my nice high rise overlooking the city beautiful sitting on my nice comfy couch about to eat some good old lentil stew and rice cakes..until next time..be blest ppl..live love and laugh ALOT..try not to tear ppl down boy the tongue is powerful and full of life or death not both..shout out to the Holy Bible KJV.some of the things I said were absolutely from the the bible or it inspired me to say it..peace:)
I guess there are two morals to this story.
1) Dont mix crack and scratchies.
If you want to be a crackhead, thats fine. Just be responsible.
If you want to be a scratchead, thats also fine. Again responsibility is key.
But dont mix the two.
2) Never trust a clerk. (Especially a swahili speaking Israeli)
I hate to be a cynic but always assume the clerk doesn't know what the hell they are doing. And that temptation might just be too great for them.
Just today, I asked the clerk to do a P.I.A., so he ran it through the machine.
He got a message that said the ticket was too old. I thought that was strange. So I asked him to cash it, then he said it was also to old. Which was also strange.
So I verified with another clerk in another store.
Ticket was still too old for P.I.A, but he was able to cash it. So always assume the worst hope for the best and C.Y.A!!!!!
*Disclaimer- The above quote is for entertainment purposes only and the author does not condone gambling or drug use of any kind.
Exception to the drug use rule is Kentucky bourbon, Jack Daniels and B.C. BUD.
P.S. I hope Miles Donates 1 Million to the "May Day is J-Day Initiative" this saturday in Battery Park, (or is it Washington Square?)
Its not perfect but feels like a little justice has been served!
Next up the FATHER!!
Also thought I read a story about the locals stopped shopping at the store after the story broke.
I agree, lock up the whole family.
Could you tell us what P.I.A. & C.Y.A. mean,please?Some of us read only English.Thanks.
PIA stands for the Pinhead Information Act. Its the one enacted for you, so you can read your ticket.
Well Cain hated his brother.......as long as he was Able.....send them back to the land of sand !!!! Everybody back on the plane!
I agree with the "everybody" part. If your not here legally, GET OUT, before we throw you out.
CYA meant "Cover your ass" when I was in the service.
Don't know about PIA.
Play It Again.
Cover UR Tush.
Thanks rdgrnr.I don't know why people have to use abbreviations for everything.Must be Roosevelt democrats~;)
Thanks LottoBoner,now his post makes a little sense.
The only pinhead here is you,Ronnie.I can read my tickets just fine.I just can't decipher some peoples posts because because they want to use abbreviations.
FYI, it must be done, if you want to be the BFIS, IMHO.
In plain english, if you want to be cool, Its just the "thing" to do these days.
Well,I fail to see the coolness in it.Pretending to be a member of the Roosevelt administration is NOT cool,no matter how you look at it.He darn near ruined America with his alphabet soup of government programs.
"Instead of calling Miles a crackhead(prejudice)"
Don't want to argue just wondering how calling Miles a "crackhead" is being prejudice when you said "Miles using crack cocaine the day before he bought the ticket to me was irrelevent"?
Its just a GEN.X - NES, XBOX, NEOGEO, FB kinda thing. LOL!
Sorry Sheriff Cletus, but it was kinda funny.
I'm glad that justice was served. It's not right to take advantage over someone and steal money from them. Now I'm looking forward what will happen to the father.
I'm glad their Lotto License was taken away so they can no longer sell any more tickets.
They really messed up!!
By the time somthing is the 'thing'... its not the 'thing' anymore....
Yeah, Hula Hoops have really come down in price lately.
I hear Chicken Soup in a Sponge is gonna be the next hot item.
The dollar will never drop as low in value as some people will stoop to get it
And if the lottery dont give Miles his money ........... then they are as guilty as the ones that stole the ticket