Atom-RSSBad Beats in Poker: We all get them handed to us, and not only do we lose the money, but everyone goes on tilt for at least a hand or two so we can lose more of our poker bankroll!
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TEXAS CITY -- Of the 78 people cited for gambling in a poker raid at a bar in December, only nine have elected to continue the fight.
On Monday, 22 were due in court. The defendants, who faced class C misdemeanor gambling charges, originally turned down a plea bargain in favor of setting a trial date.
But most, faced with the prospect of spending more money to mount a defense and the possibility of even heftier fines, decided not to gamble with the law.
Two people failed to show up for the pre-trial hearing Monday, while a third was granted a rescheduled hearing.
Ten took up city prosecutor Robert Barfield's offer of a $127 fine plus 30 days of deferred adjudication. As long as those who took the deal are not cited for gambling again in the next 30 days, all will have no record of a conviction.
It was the same deal Barfield offered previously.
It was just going to end up costing me more money with missing work and the court costs," said Douglas Pennington, one of those who took the deal. It's just not worth it."
That doesn't mean Pennington thinks he did anything wrong. He maintained that because the game was operated like a pool or dart tournament -- in that the pot was split among the winning players -- the law should allow some leeway.
Brian Criss didn't think the game at Shenanigan's on Dec. 5 was illegal either. Still the Santa Fe resident took a plea bargain. His reasoning was simple: a new job awaits him in Georgia.
I can't justify coming back a 1,000 miles for a trial like that," said Criss. If I wasn't moving, I would have definitely fought it."
Less than a month ago Juan Flores, too, declared he was willing to take his case to the U.S. Supreme Court. But the cost of fighting proved too much.
It just ain't worth it," he said.
Brothers Matt and Mike Montez also took the deal after previously declaring they had done nothing wrong.
The Dickinson residents said they believe bar owner Frank Skaggs, who was in court Monday as an observer, may be responsible for their fix.
We trusted that it was all on the up and up because of what he told us," Michael Montez said. He led us to believe he had checked it all out."
And while Skaggs did visit with Texas City police and the Texas Alcoholic Beverage Commission representatives on the legality of the tournaments, the club owner admits he was never told the Texas Hold 'Em poker tournament was legal.
I wasn't told it was illegal either," said Skaggs.
Texas City police have maintained Skaggs was told his plan for the tournament, which included a $20 entry fee and cash winnings, was illegal.
Police officials said when they found out later Skaggs went ahead with the game, they conducted the raid.
The Montez brothers said that if indeed Skaggs never was given a green light to have the tournament, the former Texas City mayoral candidate should pay them back for the money they spent as a result of the raid.
Skaggs said previously he couldn't afford to help all those who had to pay fines.
As for the nine who remain, all asked for jury trials.
Barfield said the Texas City municipal court conducts only one jury trial a month. He said the court must pull its pool of potential jurors from the Texas City residents who are called to jury duty at the Galveston County courthouse and who are not assigned to district or county court cases.
As a result, the earliest any of the nine trials would begin would be April.
Barfield warned that, because only two cases could be heard each time, it might take up to a year before all of the cases are resolved.
All the cases will be heard in municipal court. If convicted, each could face up to a $500 fine. Monday as an observer, may be responsible for their fix.
We trusted that it was all on the up and up because of what he told us," Michael Montez said. He led us to believe he had checked it all out."
And while Skaggs did visit with Texas City police and the Texas Alcoholic Beverage Commission representatives on the legality of the tournaments, the club owner admits he was never told the Texas Hold'Em poker tournament was legal.
I wasn't told it was illegal either," said Skaggs.
Texas City police have maintained Skaggs was told his plan for the tournament, which included a $20 entry fee and cash winnings, was illegal.
Police officials said when they found out later Skaggs went ahead with the game, they conducted the raid.
The Montez brothers said that if indeed Skaggs never was given a green light to have the tournament, the former Texas City mayoral candidate should pay them back for the money they spent as a result of the raid.
Skaggs said previously he couldn't afford to help all those who had to pay fines.
As for the nine who remain, all asked for jury trials.
Barfield said the Texas City municipal court conducts only one jury trial a month. He said the court must pull its pool of potential jurors from the Texas City residents who are called to jury duty at the Galveston County courthouse and who are not assigned to district or county court cases.
As a result, the earliest any of the nine trials would begin would be April.
Barfield warned that, because only two cases could be heard each time, it might take up to a year before all of the cases are resolved.
All the cases will be heard in municipal court. If convicted, each could face up to a $500 fine.