Jackson Progress-Argus

Charges against eight people arrested in an alleged gambling operation at a local nightclub in February have been no billed by a Butts County grand jury.

Vivian Asbell, Thomas Eads, Daryl Evans, Albert Hatchett, Marilyn Herrick, Virginia Herrick and John Smith each faced charges of gambling, alcohol license violation and keeping a gambling place in connection with the raid at Locals Cafe’ in Flovilla.

The October Butts County grand jury declined to indict the seven on the charges.

Butts County deputies served a search warrant at the club Feb. 23, and also charged Donald Ray Lewis with obstruction of an officer and disorderly conduct. Towaliga Circuit District Attorney Richard Milam said charges against Lewis were no-billed in July.

Milam said he believed that the grand jury determined that the activity alleged to have taken place at Locals did not amount to gambling. He said he understood the card games played there were structured like tournaments, wherein players pay an entry fee, and the winner of the tournament receives a percentage of the proceeds collected in entry fees.

He likened the gaming to a similarly structured bass tournament, wherein the angler with the biggest fish claims a cash prize amounting to a percentage of the entry fees collected.

“We had some grave reservations about whether a jury would think that was gambling or not,” Milam said.

Butts County Sheriff’s Lt. Timothy Filbeck said in February that authorities, acting on tips from area residents, conducted a two-month investigation, and on the night of the raid seized card tables, cards, poker chips, money, alcohol and tools of the trade of gambling from the business.

In addition to the eight arrests made on the night of the raid, 18 others were cited for disorderly conduct, citations usually handled through the City of Jackson’s Municipal Court through an agreement with the City of Flovilla.

According to Municipal Court Clerk Jeanette Riley, three of those cases are still pending and are due to be heard Nov. 16. Pending cases are against Joseph Walter Eads, Michael W. Sargent and Charles Jeffrey Patton.

Jeremy Brad Hamby and Marty Long were found not guilty at trial in June.

Those who paid fines in connection with the citations were: Waldo Marlin Reese, Ormond Ralph McGhee, Jerry Allen Crow, Ronald W. Tidwell, Michael Broyan Jr., Allen Martin Speir, Charles Eugene Forsythe, Leo J. Shoenith Jr., Ellen Patricia Sponable, Kevin Echols, Jeremy Lee Wright, Joshua Adam Wright, and Tanja Faye Smith.

Thomas Eads could not immediately be reached Tuesday for comment. Working phone listings for Asbell, Evans, Hatchett, the Herricks and John Smith could not be located.

Filbeck reiterated Tuesday that the sheriff’s office acted on complaints about the business, and investigated the case thoroughly. “We put a lot of man hours into it and felt it was a strong case,” he said.