UPSHUR COUNTY, Texas (KLTV) - The Upshur County Sheriff’s Office was notified today that Upshur County Game Room Hearing Examiner Don Gross has upheld the Sheriff’s Office denial of three game room permit applications from Harry Fox of Gilmer. Gross says that misleading information was provided with the application.
Upshur County Investigator Shane Guthrie, the designated coordinator of Upshur County’s Sheriff’s Office game room regulation, said he received the applications from Harry Fox on May 15, 2020. Investigator Guthrie observed that the application claimed to have made numerous donations of specific items to area law enforcement including the Upshur County Sheriff’s Office and brought this to the attention of the sheriff.
The Sheriff’s Office, knowing that the applicants had not made a donation to this office, checked with other law enforcement agencies in the area and learned that they too had not taken direct donations from the applicants as listed in the application. The investigation of the donations determined that the listed donations were made by the Upshur County Crime Stoppers organization, not the applicants.
The applicants have donated to Upshur County Crime Stoppers, a separate organization not governed by County of Upshur officials.
Mr. Fox and partner Randall Rudd had appealed the Sheriff’s Office decision to deny their game room applications due to misleading information regarding contributions being made to area law enforcement. They did not win the appeal.
“After reviewing the evidence, personal testimony and video testimony presented at the June 23, 2020 hearing on The Country Store, LLC, I find the information provided in Exhibits 3 and 4 to be misleading. I am denying the appeal and uphold the ruling by the Upshur County Sheriff’s Office. Thank you, Don Gross "
The applicants have the right to appeal the Hearing Examiner’s decision to the 115 District Court within 30 days of the Examiners ruling.
This week, Upshur County Sheriff’s investigators will turn in a criminal case report to the District Attorney’s Office for consideration of criminal charges related to the incident.