Man Arrested for Making Moonshine in Faulkner County
By: Lauren Trager, KARK 4 News
Updated: February 11, 2013
It may sound like something from the days of prohibition, but one Arkansas man was arrested Monday for making moonshine
Faulkner County Sheriff's deputies say early Saturday morning, they were called to a home where they stumbled upon on all the making's of moonshine.
"We just don't see this, ever," said Chief Deputy Capt. Matt Rice.
Faulkner County deputies say Saturday morning, they were first called to a home on Able lane for a domestic disturbance. But, the woman there, deputies say, told them her husband had been making moonshine on the property.
"We did find some of it in the car and some in the shop," said Capt. Rice.
Deputies say in side the shop they found this 55 gallon barrel with a clear hose coming out of it, a propane tank and buckets of clear liquid along with other evidence. The place, they say, even smelled strongly of alcohol.
Monday, they arrested Kevin Cothern and charged him with a felony for making moonshine and intending to sell it.
They are very uncommon charges Capt. Rice says, but they may signal a resurgence of an old problem.
"We probably will start seeing it because of the TV show," he said.
Capt. Rice says the popularity of shows such as the aptly titled "Moonshiners" on the Discovery Channel could mean people are getting brave enough to brew up batches of their own.
But because of health concerns and the fact it's simply against the law, he says moonshiners should think again.
"It might not be one of the worst crimes in Faulkner County, but if we catch you doing it, we are going to arrest you for it," he said.
This statute has been on the books since 1949, but in the past ten years only 8 people in the entire state have been convicted of making illegal hooch.
If he's convicted, Cothern could face up to 6 years in prison.
Faulkner County Sheriff's deputies say early Saturday morning, they were called to a home where they stumbled upon on all the making's of moonshine.
"We just don't see this, ever," said Chief Deputy Capt. Matt Rice.
Faulkner County deputies say Saturday morning, they were first called to a home on Able lane for a domestic disturbance. But, the woman there, deputies say, told them her husband had been making moonshine on the property.
"We did find some of it in the car and some in the shop," said Capt. Rice.
Deputies say in side the shop they found this 55 gallon barrel with a clear hose coming out of it, a propane tank and buckets of clear liquid along with other evidence. The place, they say, even smelled strongly of alcohol.
Monday, they arrested Kevin Cothern and charged him with a felony for making moonshine and intending to sell it.
They are very uncommon charges Capt. Rice says, but they may signal a resurgence of an old problem.
"We probably will start seeing it because of the TV show," he said.
Capt. Rice says the popularity of shows such as the aptly titled "Moonshiners" on the Discovery Channel could mean people are getting brave enough to brew up batches of their own.
But because of health concerns and the fact it's simply against the law, he says moonshiners should think again.
"It might not be one of the worst crimes in Faulkner County, but if we catch you doing it, we are going to arrest you for it," he said.
This statute has been on the books since 1949, but in the past ten years only 8 people in the entire state have been convicted of making illegal hooch.
If he's convicted, Cothern could face up to 6 years in prison.
Comments
The word "annotated" in the codes listed in the post below is pretty much just to make it sound more official, instead of actually adding notes to clarify the context.
"Illicit" probably means unlicensed in this code.
"Spirituous" should mean distilled liquor, but can mean fermented.
"Vinous" made from fermented fruit which is wine unless distilled into brandy.
"Malt" = beer, probably.
"Still worm" eh?
You should be most aware of sub-sections a.3 and b. If you have alcohol in your possession that isn't licensed, it's 2 to 7 years in the hoosegow. So, in other words, you better drink out of a bottle with licit labels because a glass of wine is a class D felony.
It's a stupid, ridiculous law!
Terrance S.
February 12, 2013 at 9:01 pm
A.C.A. § 3-3-402
Arkansas Code of 1987 Annotated Official Edition
© 1987-2012 by the State of Arkansas
All rights reserved.
*** Legislation is current through the 2012 Fiscal Session and updates ***
*** received from the Arkansas Code Revision Commission through ***
*** August 1, 2012. ***
Title 3 Alcoholic Beverages
Chapter 3 Prohibited Practices
Subchapter 4 -- Illicit Manufacture and Equipment
A.C.A. § 3-3-402 (2012)
3-3-402. Manufacture, possession, and transportation.
(a) It shall be unlawful for any person, including any corporation or legal entity:
(1) To own, possess, or knowingly transport any illicit still, still worm, or any apparatus or any substantial part of any illicit still designed for the unlawful manufacture of spirituous, vinous, or malt liquor;
(2) To manufacture or engage in the manufacture of spirituous, vinous, or malt liquor in the State of Arkansas without obtaining a license to do so from the State of Arkansas and the United States; or
(3) To own, possess, or knowingly transport any illicitly distilled spirituous, vinous, or malt liquors.
(b) Any person committing an offense defined by this section is guilty of a Class D felony.
HISTORY: Acts 1949, No. 200, §§ 1, 2; 1961, No. 458, § 1; 1969, No. 475, § 2; 1975, No. 928, § 20; A.S.A. 1947, §§ 48-936.1, 48-936.2.
Terrance S.
February 12, 2013 at 8:40 pm
