WILMINGTON — The day after he allegedly threw a plate at a restaurant employee’s head, Gary Sholar began the process to file a civil suit against the victim. However, to date there is no movement on it being served and the deadline expired for the complaint to be filed.
READ MORE: Former Edward Teach owner arrested for assault of restaurant employee
Sholar, 49 — who once owned Edward Teach Brewing — attempted to sue the victim, listed as “John Doe” on the civil action. Sholar claimed the employee “assaulted and battered” him at a LongHorn Steakhouse on July 23 around 1 p.m. Yet, Sholar faces a misdemeanor assault charge for inflicting serious injury; the plate shattered upon impact on the victim’s head, causing a hairline fracture and 3.5-inch laceration requiring seven stitches.
Sholar’s side of the story, submitted in the July 24 filing, claims he was eating lunch in the bar area when John Doe first “unlawfully initiated contact” and “applied force” to Sholar’s body without “consent and without any legal justification.” The brief explanation doesn’t note how the contact was initiated or whether any injuries were inflicted.
A summons to sue the victim was put forth with an application asking the courts to extend the deadline to file the complaint, which was granted. Yet, no complaint was filed by the Aug. 13 time limit, despite the plaintiff having 20 days from July 24 to provide updates. This included filling in the caption of the correct party “upon discovery of the identity of John Doe.”
According to the application: “If complaint is not filed within the above period, the action shall abate.”
New Hanover County Sheriff’s Office Lt. Jerry Brewer confirmed papers never reached deputies to serve the defendant either — not to mention, an address on the now-expired summons was left blank. The clerk of court’s office added if the attorney filed the documents online through eCourts, it was their responsibility to ensure the sheriff’s deputies received the information to serve John Doe.
Lt. Brewer said upon missing the deadline to include the complaint, Sholar most likely would “have to start the process over again.” The clerk of court’s office concurred and indicated though the current suit expired, another civil suit could be filed altogether, should the plaintiff choose.
There is a three-year statute of limitations to file a civil action for assault and battery from the date of the occurrence, according to North Carolina law.
Another civil suit hasn’t been uploaded on eCourts as of press. While the current one still says “pending,” a judge could dismiss it or it could eventually be removed from the system, to likely happen 120 days after no action has been fulfilled on it, according to the clerk’s office.
The filing lists Brooks Pierce’s Christopher Dodd as the representing attorney, though the law firm confirmed last week it was not involved with Sholar’s criminal assault case for misdemeanor charges. PCD reached out to clarify whether it continued helping Sholar on a civil action, but a response was not received.
Brooks Pierce represents Edward Teach Brewing and worked with its former owner, Sholar, following an ALE investigation and multiple lawsuits filed last year. Sholar sued a local musician for defamation in a viral social media post that detailed an altercation that took place between him and her daughter and friend in Edward Teach in 2023; Sholar also sued a former employee for product tampering during this time. Both lawsuits were eventually dropped voluntarily after apologies were issued by the defendants.
However, citizen-initiated warrants also were filed by Nash’s daughter and friend, claiming Sholar assaulted and communicated threats to them, though Sholar has denied as much. The warrants eventually were dropped by the DA’s office, though the ALE found the women’s testimony credible, with the women also standing by their account of events.
Sholar pleaded guilty on misdemeanor charges issued by the ALE for failing to superintend a business for which an ABC permit has been issued and he took an Alford plea to being a permittee that allowed disorderly conduct on the premises.
Sholar opened Edward Teach in 2017 and in June 2025 its ABC permits were canceled due to unpaid dues, according to the ABC Commission. In May, a violation report also had been filed against Sholar as an ineligible permittee due to his convictions last year. However, the ABC commission told PCD last week the ineligible permittee violation was dropped once Edward Teach permits were canceled. They’ll be reapplied for under new ownership, as Sholar has since signed Edward Teach Brewing into a trust, with his sister named as the sole managing agent.
CATCH UP: Edward Teach ABC permits canceled in June, brewery responds to former owner’s arrest
The alleged assault at LongHorn happened nine days after the trust was put into place. Sholar turned himself into the sheriff’s office on Aug. 7 for the misdemeanor assault charge and posted a $1,000 bond before being released. He was not arrested the day of the LongHorn altercation because he left the scene before officers arrived, according to WPD spokesperson Lt. Greg Willett.
The WPD responded around 2 p.m. on July 23 to the Mayfaire restaurant and took a report that included details from what transpired. By their account, Sholar was attempting to feed a dog from the table, which is against health code. When the restaurant employee suggested a to-go container, instead, Sholar began shouting obscenities and disrupting customers. As a plate was being cleared from the table, WPD reported Sholar grabbed it from the employee and tossed it at him.
Willett said detectives attempted to contact Sholar as they looked into the case but were unsuccessful. They then issued warrants, for which Sholar turned himself in on.
“It looks better to turn yourself in,” NHC Sheriff’s Office Lt. Brewer said.
It could give the appearance of one accepting responsibility and prosecutors could be more favorable to plea deals.
Sholar’s first court appearance for the assault charge against the restaurant employee is scheduled for Sept. 16. PCD attempted to reach the LongHorn Steakhouse worker without success.
The Sholar v. John Doe civil action and summons:
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