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August 10, 2012

Colquitt DA seeks seizure of alleged cockfighting property

MOULTRIE — An alleged cock-fighting operation has put a Norman Park man in jeopardy not only of criminal sanctions but of possibly losing more than 350 acres of land.



The Colquitt County District Attorney’s office this week filed notice of a civil action seeking to seize 356 acres of land, an ATV, weapons and $10,000 in cash taken during a July 7 raid on the property.



Wallace Hurst, 57, 4391 U.S. 319 N., was one of 32 people arrested at that time and charged with gambling. He also is charged with violating the Georgia Racketeer Influenced and Corrupt Organizations Act, a felony, and cruelty to animals.



Investigators with the Colquitt County Sheriff’s Office have said that the operation included an elaborate facility with a snack bar, cooking area, and that cock fights probably had been staged there at least two years.



On Thursday, Tifton attorney Joe Kunes, who is representing Hurst, said that he was unable to comment on the legal case at this time because he is still seeking information gathered by law enforcement.



Hurst is working out of town and has not been served with notice of the attempt to seize the property, Kunes said. He likely will request a hearing on the civil motion.



“I can assure you he’ll be filing a request for that,” he said. “I haven’t seen that complaint yet.”



Hurst will have 30 days from the date he is served notice to give an answer to the complaint, Kunes said.



Assistant District Attorney Brian McDaniel did not address Hurst’s case specifically, but said Wednesday that the asset forfeiture is used to deprive those involved in illegal drugs or gambling of ill-gotten gains.



“The statute is designed in a way to hit people involved in criminal activity where it will hurt them, in the pocket book,” he said. “We do it quite frequently in drug cases. We do this on a regular basis.”



Georgia law requires that the property being sought have a connection with the alleged crime, McDaniel said. For instance, a drug-dealer’s residence would not be subject to forfeiture if it was not  used in the operation.



Any property seized would go the agency that made the legal case, he said. In a drug case, for instance, a car used in the crime can be seized and sold or put into use by the agency.



“If land is forfeited to the law enforcement agency, it can be called out and sold,” McDaniel said.



The other 29 men and two women charged with parties to animal cruelty in the case are scheduled for trial on Monday.

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