By Roger McKinney

rmckinney@joplinglobe.com

GALENA, Kan. — Galena police Chief Larry Delmont said Wednesday that he takes responsibility for any police mistakes in gathering and storing evidence in the case of Gary Chatterton, a Galena barber who was accused of running illegal poker games in his shop.

Cherokee County District Judge Kent Lynch recently dismissed charges against Chatterton, 64, who had been bound over for trial on a charge of felony commercial gambling at the end of a preliminary hearing on Sept. 5, 2007. He also faced a misdemeanor charge of allowing his business to be used for commercial gambling.

The charges alleged that on Nov. 18, 2006, Chatterton operated an illegal poker game in a building he owns in downtown Galena that also contains his business, Chatterbox’s Old Fashion Barber Shop.

Lynch, in his June 16 dismissal order, cited Cherokee County Attorney John Bullard’s motion to dismiss the case. Bullard wrote in his motion that “the case, as charged, could not be proven beyond a reasonable doubt.”

Court records indicated that Galena police could not locate some witness statements. Lynch in June 2007 also suppressed evidence seized at 710 Main St. because the search warrant specifically listed 708 Main St.

Delmont said he didn’t remember anything about the missing witness statements, but that he accepts Bullard’s decision to dismiss the case. Regarding the address on the search warrant, Delmont said it was one building, and it was difficult to tell where one address started and another ended. He said that excuse doesn’t work in court.

“You’ve got to be precise,” he said. “If we are not right on every little detail, we’ll lose the case.”

Bullard said by phone this week that those factors, and the fact that there was no evidence of any money changing hands, made the case difficult to prosecute. He also said Delmont agreed with him that the goal of ending the poker games had been met.

Scott Newton, a Galena police reserve officer, testified at Chatterton’s preliminary hearing about his participation in a sting operation by Galena police at Chatterton’s business. Newton said he met with Chatterton, who explained the rules to him and six or seven others who were present. He alleged that Chatterton told players that 80 percent of the buy-in was awarded in prizes.

Newton was given $40 for the operation, but he said he quit after losing his first $20.

Chatterton’s attorney, Sam Marsh, said Tuesday that he was pleased with the outcome.

“We all just play the hands that are dealt us,” Marsh said, adding that in this case, Chatterton had a better hand than the prosecution did.