A Coshocton man has waived his right to a speedy trial in anticipation of
what’s happening in Franklin County Common Pleas Court. Rich Pica, owner of
High Caliber Pit Stop on Chestnut Street, entered a not guilty plea in
Coshocton Municipal Court on a first-degree misdemeanor charge of allowing
gambling on his premises in November 2006. Pica contacted the Coshocton
County Sheriff’s Office on Nov. 17, 2006, letting them know he’d plugged in
his six Tic-Tac Fruit machines located at the gas station/convenience store.
Earlier that month the State of Ohio Attorney General’s Office had issued an
opinion the machines were illegal, and local authorities had notified
operators to unplug their machines or face charges. Pica’s jury trial was
initially scheduled for Friday, Jan. 26, but Judge Tim France granted a
continuance after the prosecutor asked for time to locate an expert in
gambling. The trial was then rescheduled for 9 a.m. Wednesday, Feb. 7.
However Pica’s attorney, Eric Yavitch, asked the trial be postponed to await
a declaratory judgment in a case of Tic-Tac Fruit manufacturers and
distributors against the Department of Public Safety that should take place
in the next couple of months in Franklin County Common Pleas Court. “Rather
than litigate this over and over, the prosecutor, our office and Mr. Pica
just feel it’s a better use of resources to see what happens in Franklin
County,” Yavitch said. “Once a ruling is issued, the prosecutor will revisit
the case and make his own evaluation.”