Ex-prosecutor's official charged in gambling ring

Back to TopCommentsE-mailPrintBookmark and Share

A former chief investigator for a western Indiana prosecutor faces official misconduct and other charges stemming from allegations that he protected a gambling ring from arrest.

James J. Counterman, 71, of Terre Haute, faces three counts of inducing an individual to commit professional gambling and three counts of official misconduct. He appeared Wednesday for an initial hearing.

The charges stem from allegations Counterman told operators of illegal poker games in Terre Haute that for a "price" they would not be prosecuted for illegal gambling activities, the Tribune-Star reported.

Vigo County Prosecutor Terry Modisett fired Counterman as his chief investigator in December after learning of the gambling investigation.

Investigator Edward McHargue of the Indiana Gaming Commission said in a probable cause affidavit that the Counterman investigation began in October 2009 when someone reported his alleged actions to a commission agent at the riverboat casino in Evansville. That informant stated that he had previously operated an illegal poker game in Terre Haute and provided information about others who were operating illegal games at the time.

In February 2011, a confidential informant said Counterman "protected" gambling operators from prosecution. The case included occasions when conversations were recorded by investigators. In a June 2011 conversation, Counterman reportedly told the informant: "We got a list of everything that's going on in town. We know where every game is played. We've got license plate numbers of every person playing."

In another statement, Counterman said, "We are the ones who decide what, or if charges should be filed. So Billy wants to run a game, it's not legal. I told him he could. I don't care."

The probable cause affidavit also states Counterman sometimes accepted cash from people running gambling operations and checks as political contributions.

McHargue said "no evidence was developed that showed that the prosecutor (Modesitt) was aware of the representations that Counterman was making regarding Counterman's authority and/or ability to 'protect' individuals from criminal charges."

Vigo Superior Judge David Bolk said he would recuse himself from the case because of his past work with Counterman and that a special judge from another county likely would take over. Bolk scheduled a Sept. 9 hearing.

A message seeking comment was left for Counterman's attorney.


Post a comment to this story

We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
You are legally responsible for what you post and your anonymity is not guaranteed.
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
Subscribe to Indiana Lawyer
  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.