Fayette City mayor to face trial for gaming
A two-year undercover investigation uncovered the longtime mayor of Fayette City running an illegal numbers game from his corner store and home, a state police trooper testified Friday.
Herbert Vargo Jr., 44, of 140 Connellsville St. was ordered to stand trial on misdemeanor charges of setting up a numbers game, possessing gambling devices and manufacturing unlawful numbers games after two hours of testimony at a preliminary hearing before Belle Vernon District Judge Jesse Cramer.
Trooper Raymond Stewart of the organized crime unit testified that Vargo was under surveillance by state police before Nov. 4 raids at his home and Vargo's Newsstand at 222 Main St.
Stewart said police confiscated number slips with names of alleged bettors; "owe slips" listing how much a particular gambler owed Vargo; a tip board; and several raffle tickets. Police also confiscated more than $60,000 in alleged gambling receipts, including about $59,000 from a lockbox inside Vargo's home, the trooper testified.
"I recall him (Vargo) saying it was his life savings," Stewart said of the money in the lockbox.
Vargo, who pleaded not guilty, vehemently denies the allegations.
Asked whether he is ready to fight the charges in Fayette Common Pleas Court, Vargo said, "Absolutely." Vargo, the borough's mayor for more than a decade, is free on a signature bond.
On cross-examination, defense attorney Sam Davis questioned Stewart about the dates penciled in on many of the betting materials. Slips list various dates in 2007, 2006, 2003, 1990, 1988 and 1987.
"So after a two-year investigation, you don't have one witness who can come in here to testify today that he paid Mr. Vargo to place a bet?" Davis asked Stewart.
Stewart and Assistant District Attorney Gene Grimm said other witnesses would be available at trial.
The trooper testified that between 4 and 6:30 p.m. Monday through Fridays, Vargo routinely would drive to several social clubs in the Fayette City area, where Stewart believes Vargo accepted illegal bets on the Daily Number and Big Four games.
Davis questioned Stewart on whether it "would be illegal for Mr. Vargo or any individual to accept money from someone to go to another store and place a legal bet with the Pennsylvania lottery?"
Stewart stated that action would not be illegal.
Davis summoned one defense witness, Erica Swarmer, 25, a former clerk at Prokopovitch Pit Stop Market in Fayette City, which has a licensed state lottery machine. Vargo's does not have a lottery machine.
"He came in the store two or three times a day sometimes, spending $50 to $100 each time. It varies," Swarmer testified.
Davis then showed Cramer an 8- by 24-inch box filled with hundreds of state lottery tickets, indicating they were purchased legally at the Pit Stop. The attorney said they were tickets purchased last year by Vargo for other people.
"This box has got to weigh 20 pounds," Davis told the judge.
Davis argued that Cramer should dismiss all charges because of the lack of evidence.
"The government didn't even come close here to proving a case, your honor. You have to show money changing hands, and that was not done here," Davis said. "The state really overreached here."
Grimm said there is sufficient evidence in the case to go to trial.
"Mr. Davis conveniently forgets to say that they confiscated a tip board kept out in the open on the counter of (Vargo's) store with a jar of money right next to it," Grimm said.
