EPPING — Concerns about a January gambling raid at Top Shelf Cigar have crept into the state's investigation into the state Liquor Commission.

EPPING — Concerns about a January gambling raid at Top Shelf Cigar have crept into the state's investigation into the state Liquor Commission.



Earlier this month, the cigar shop at 96 Calef Highway was indicted on a charge of gambling for allegedly conducting, financing and supervising or directing gambling activity on the business premises. The indictment indicated that gambling activity took place for a period "in excess of 10 days."



The investigation into the alleged gambling was led by the Liquor Commission's Division of Enforcement, which raided the location on Jan. 25 while alleged gambling activity was taking place.



However, a former military investigator who participated in card games at the store said there was no gambling taking place and blasted how law enforcement officials handled the raid.



"There was never any high- or low-level stake cash games going on at the store in the four years I've been playing," said Donald Manchester of Brentwood. "We play 'Texas hold 'em' for cigars, even if you lose, you get a cigar."



Texas hold'em is a variation of poker.



Manchester said not only are the gambling charges against the store without merit, but he believes the Division of Enforcement seriously mishandled the raid of the store.



Manchester was recently invited to testify in front of the Special House Committee to Evaluate the New Hampshire State Liquor Commission. He testified at the committee's Oct. 10 meeting and expressed his concerns.



Manchester stated there were about 20 people playing when eight investigators "stormed in" and asked them all to put their hands over their heads.



Manchester claimed female enforcement officers were asked to search all the male patrons.



"I was an investigator for the government for 30 years," Manchester testified on Oct. 10. "I know the protocols of what to do and how to do it, and unless it's an imminent death, you don't let a member of the opposite sex search somebody else. To me, that's unethical, immoral and potentially illegal, unless there's somebody's life in danger."



Manchester went on to testify that the card game had a $15 buy-in for cigars and, once the game started, only cigars or gift cards for cigars were exchanged, and there was no actual cash exchanged amongst the players.



He said even though it was obvious there was no high-level cash game taking place, lead Liquor Enforcement investigator Chris Davis still kept them there for two hours of questioning, which Manchester described to the committee as two hours of "horror."



"It was humiliating and frightening to some. Some of the gentlemen there were older, and they hadn't been familiar with the mission of all this activity," Manchester said during his testimony.



Manchester told Seacoast Sunday that he spent the next nine months trying to obtain the search warrant that led to the raid but that information wasn't given out until the Rockingham County Attorney's office completed its investigation and issued its indictment. According to court documents, investigators seized from the store on Jan. 25: nine gift cards, $225 in game money, game chips from two tables and a window sill, chip cases, playing cards and "miscellaneous spirits."



Davis filed the supporting affidavit for a search of the store on Jan. 25.



In that affidavit, he said fellow investigator Gregory Nye, a former Epping police sergeant familiar with the store, was walking by the business Jan. 4, when he first noticed numerous men sitting around two poker tables with poker chips and cash.



"He also observed one man walk up to the counter and exchange cash in hand for other denomination of money from the male employee behind the counter," the affidavit stated.



Nye later forwarded what he saw to Davis, who then started conducting surveillance on the store and observed individuals playing cards but didn't see any cash.



According to the affidavit, investigators received a tip from an employee in the same strip mall as Top Shelf Cigar informing them that Top Shelf was hosting "poker events" on Wednesday and Thursday nights until 1 or 2 a.m. and consuming alcohol. Nye later went to the store in plain clothes and inquired about the games and was told there was a $15 buy-in.



Nye stated he again observed men playing cards at the store on the night of Jan. 18.



Investigators say in court documents that Top Self Cigar is licensed by the New Hampshire Liquor Commission to sell retail table wine and tobacco, but its license does not allow for the consumption of alcoholic beverages on the premises and it doesn't allow any gambling on the property.



The Rockingham County Attorney's office didn't return calls seeking comment on the case. Officials with the Division of Enforcement also couldn't be reached for comment.



Even though he now has the documents he requested, Manchester is still questioning the need for the raid and the investigation into Top Shelf. He said instead of raiding the business, authorities could have sent an undercover officer in to sit in on one of the games, at which point they would have seen only cigars being exchanged among the players.



Manchester said the business never did anything to hide the games because it wasn't doing anything wrong. He added he is speaking for himself and not on behalf of the store owner.



"My concern is for me and how I was treated and the other patrons," Manchester said. "Its appalling and it was a miscarriage of justice from the get-go."



Top Shelf owner Rick Gadway didn't return multiple calls seeking comment. Gadway also owns Top Shelf Cigar in Dover and Federal Cigar in Portsmouth and Plaistow.



The Special House Committee to Evaluate the New Hampshire State Liquor Commission entered Manchester's comments into the record. The committee has held multiple meetings and listened to numerous pieces of testimony regarding the commission and is expected to issue a report by Nov. 1



House Speaker Bill O'Brien, R-Mont Vernon, organized the special committee after multiple allegations surfaced against the Liquor Commission.



At a glance



The Special House Committee to Evaluate the N.H. State Liquor Commission is charged with investigating the following allegations, as stated by the committee:



* Over $100,000 in undocumented and subsequently missing wine in a store in Portsmouth



* The commissioners violating law by hiring a lobbyist to oppose legislation in the N.H. Legislature and the commissioners purposely hiding that violation behind a sham contract



* The commissioners actually conducting a prohibited legislative lobbying program



* The commissioners countenancing self-described "bootlegging" activities in its stores



* The commission using or proposing the use of extra judicial activities to end an agency store relationship



* The commissioners or a commissioner allowing erroneous testimony before a House committee to go uncorrected



* A commissioner removing government records from the offices of the Liquor Commission so that those records would no longer be available



* The commission hiring unqualified and/or compromised employees or allowing those persons to continue their employment with the commission



* The commission ignoring or circumventing the laws relative to the use of the state liquor warehouse.