SUNBURY - The president of Fairview Gun Club in Coal Township, who is charged with gambling and liquor violations, has applied for acceptance into the Accelerated Rehabilitative Disposition (ARD) program.
James R. Williams, 79, of 1439 W. Gowen St., Coal Township, who has no prior criminal record, applied for the program in an attempt to expunge the charges of unlawful use of illegal gambling devices and two counts of unlawful acts relative to malt or brewed beverages and licensees from his record.
On Aug. 23, Williams waived his right to a preliminary hearing on the charges and also waived his arraignment in county court after reportedly reaching an agreement with the county district attorney's office to seek acceptance into the ARD program.
Northumberland County Assistant District Attorney Michael Toomey, who is prosecuting the case, confirmed Monday that Williams applied for the ARD program. Toomey said if Williams successfully completes the program, the charges will be expunged. He said the defendant is required to pay the costs associated with the program and must pay fines and costs connected to the charges before he can complete the ARD program.
Fairview Gun Club, 4000 W. State St., Coal Township, which was charged with the same misdemeanor offenses, had its preliminary hearing continued Aug. 23. No new hearing date has been set.
Thousands in fines
Williams, who is being represented by Attorney Marc Lieberman of Elysburg, and the organization were charged in July following an undercover investigation by the State Police Bureau of Liquor Control Enforcement (LCE). The charges were filed by Officer Scott D. Berdine in connection with a July 18 incident at Fairview Gun Club.
If convicted, Williams could face a fine of $5,000 and up to two years in jail, while the club could also be fined $5,000 and face sanctions that include fines of $2 per fluid ounce of the confiscated beer, which included 10 partial kegs, 163 bottles and 692 cans. Not counting the kegs and assuming the cans and bottles were 12 ounces, the fine would be $20,520.
According to a criminal complaint, Berdine visited the club and found five individuals: Four of them were playing poker for money and the fifth person was playing a video slot machine. Berdine said he saw a board listing the names of winners of daily small games of chance drawings, but no license was posted at the premises.
The officer said he sat at the bar and noticed a tap system with five types of beer available, glasses and two stand-up coolers filled with canned and bottled beer, along with an open table drawer with money in it. On the bar was a table-top video slot machine. Two empty kegs were behind the bar, he reported. Berdine said a sixth person entered the bar, took eight cans of beer and placed a $10 bill in an open cash drawer.
Berdine purchased two cans of beer from the bar, as Williams showed three video cameras recording the activities inside. Berdine left the gun club after an hour and returned a week later, when he counted 20 people inside, most of whom had either cans of beer or mugs containing what appeared to be draft beer. Two patrons were seen playing one of the bingo machines, Berdine said.
On June 15, another officer met with Williams at his home, where he told police about the club's operation, selling beer and having the gambling devices, according to the LCE. Williams consented to a search of the club, where he showed police the "knock-off" methods for the devices, Berdine reported.
After the search, officers seized two video gambling devices, a six-card gambling device, the kegs, bottles and cans of beer, $966 in currency and miscellaneous documents.