
Police arrested Billy Charles Poole, Sr., 68, last month, charging him with two misdemeanor gambling offenses. Police Chief Phillip Garrett touted the arrest during a press conference on June 11th. But, because the criminal charges could only carry up to one year in jail, the DA's office has dropped the charges. Instead, they plan to file a civil complaint.
Assistant District Attorney Martha Tierney says it's a strategic move to seize hundreds of thousands of dollars worth of assets, which she says are tied to illegal gambling.
"The criminal sanction is going to be a misdemeanor conviction at best," said Tierney. "The civil sanction is going to disgorge these ill gotten gains."
Poole's attorney, Bob Clark, tells News Five he will fight the civil complaint. Clark says police had no business showing off Poole's cash during last month's press conference.
"He didn't make that kind of money on 33 gambling machines," said Clark. "He's 68 years old, and he's been working his whole damn life."
A second suspect arrested along with Poole will not face criminal or civil sanctions. Tierney says the DA's office does not plan to take action against Chieko Barnes, 61, who was also charged with misdemeanor gambling offenses, though she would not say why the decision was made.
The Mobile Police Department issued a statement Tuesday saying "Chief Garrett has discussed the case with District Attorney John Tyson and agrees with the steps he is taking."
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