City OK with case's outcome

SANDPOINT — City officials are not busted up over the dismissal of misdemeanor criminal charges in gambling cases pending against three local businessmen.

Although the matters were dismissed after the three suspects agreed to forfeit a total of $600 in bonds, city Prosecutor Lori Meuelenberg noted that the state imposed a $3,000 fine and a 30-day liquor license suspension on the defendants’ businesses.

The Idaho State Police’s Alcohol Beverage Control Bureau suspension is in effect for the month of March. The suspension applies to the Spar Bar, The Dive and Oishii Bar, according to Meulenberg.

“This is a pretty hefty penalty that ABC gave them. To not be able to sell liquor for 30 days in a alcohol establishment is a pretty heavy consequence,” said Meulenberg.

Dustin Jacob Koril, 30, of Sagle; Gary Lee Solis Jr., 29, of Oldtown; and Lex Andrew Sparks, 37, of Wrenco; were charged with violating a state law prohibiting gambling in an establishment where liquor is served.

The charges stemmed from the discovery of a poker tournament that was being held in Spar Bar in December 2009.

All three suspects pleaded not guilty and told investigators the card game was being conducted for charity.

Bench trials were pending until last week, when a dispute over amending the charges arose between the state and the defense.

Meulenberg moved to prosecute the men under Idaho’s gambling laws instead of state liquor laws. The trio’s defense counsel, Doug Phelps, objected to the motion, arguing that it would violate his clients’ right to due process because the statute of limitations had already tolled.

Phelps further argued that initial charges were misdirected because none of the defendants held the liquor license; their corporation did.

Muelenberg said prosecuting them under liquor laws would have been redundant.

“There’s no longer the need to do that when you have a suspension in place,” she said.

The two sides ultimately agreed to resolve the cases through a bond forfeiture followed by dismissals.

Meulenberg said the ABC suspensions factored into her resolution decision.

City officials do not delight in disrupting businesses, Meulenberg added.

“But if that’s what it took for them to get the message, hopefully that will serve,” she said.

Police Chief Mark Lockwood also disputes claims that investigation and charges were a vendetta against the suspects.

“The point was to stop the activity,” he said.