Wednesday, September 06, 2000

Powerball winner warned

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At pretrial DUI hearing, Metcalf told to show up

By Susan Vela
The Cincinnati Enquirer

        BURLINGTON — The judge didn't give Northern Kentucky's $65 million Powerball winner a dressing down for casual dress when he appeared in court Tuesday.

        But the judge did issue a warning to his attorney, to be sure his client, Mack Wayne Metcalf, makes his next court date on a driving under the influence charge.

        Mr. Metcalf, 42, of Independence appeared Tuesday in Boone District Court for a pretrial hearing on the DUI charge. His trial date was set for Sept. 20.

Mack Wayne Metcalf (left), a $65.4 million Powerball winner, appeared with his attorney, Ken Rylee, at a pretrail hearing on a DUI charge. (Patrick Reddy photo) | ZOOM |

        Police have charged that before winning a $65.4 million lottery in July, Mr. Metcalf, a former forklift operator, drove his black Nissan in the Florence Mall parking lot and hit a parked car several times. The charge says his blood alcohol level was 0.265, more than twice the legal limit.

        Judge Jay Bamberger, who normally presides over circuit court proceedings, chastised Mr. Metcalf last month for appearing in a Boone County court on a criminal charge involving unpaid child support wearing a black tank top, knee-length black shorts and sandals. The judge said such “beachwear” was not appropriate for court.

        At Tuesday's hearing, the judge did not note Mr. Metcalf's clothes. Mr. Metcalf wore jeans, a green shirt and cowboy boots.

        Mr. Metcalf did not say a word in court and refused comment afterward. After Mr. Metcalf left the courtroom, Judge Bamberger warned his attorney, Ken Rylee of Florence, to be sure his client appears on his trial date.

        Last month, a different judge issued an arrest warrant for Mr. Metcalf after he missed his Boone County court appearance on the DUI charge. Mr. Metcalf turned himself in the next day.

        Mr. Rylee said there is no need to worry this time.

        “He's anxious to get it over with,” Mr. Rylee said. “We'll be there on the 20th.”

        If Mr. Metcalf is convicted of the DUI charge, he could face a maximum punishment of 30 days in jail.

        When Mr. Metcalf won the Powerball lottery, he announced plans to move to Australia and buy several homes there, including one on the beach.

        Since then, he has been cited for intoxication outside a Florence sports bar, and he has filed a civil lawsuit in Kenton Circuit Court against a woman who, he says, received $500,000 from him while he was in a drunken stupor.

        He also has appeared in Kenton Circuit Court for child support he allegedly owes his former wife, Marilyn Collins of London, Ky., for their 15-year-old daughter. A judge has ordered him to place about $880,000 in an escrow account for his daughter, and a Sept. 19 hearing will determine whether he must pay more.

        As long as he complies with Kenton County's orders regarding child support, the criminal charge of flagrant nonsupport is likely to be dismissed.

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