WILMINGTON — A judge has dismissed the case between a notorious former brewery owner and a victim he allegedly hit with a plate at a LongHorn Steakhouse last month, after the former missed a deadline to see through a complaint in civil court.
READ MORE: Deadline expired on ‘Sholar v. John Doe’ civil complaint
ALSO: Former Edward Teach owner arrested for assault of restaurant employee
As reported by Port City Daily on Aug. 19, Gary Sholar’s time ran out to file the civil complaint against John Doe. Sholar was going to sue the defendant for assault and battery for an incident that took place at the Mayfaire restaurant at the end of July.
Sholar’s lawyer listed on the civil action was Christopher Dodd of Brooks Pierce, who asked the courts for an extension to file the official complaint and summons to be served. The courts allowed 20 days to update it, including naming the party of John Doe and filling in the address. However, the deadline of Aug. 13 was missed.
Due to the inactivity, Judge Kent Harrell involuntarily dismissed the case on Wednesday, Aug. 20.
The statute of limitations to file a civil suit for alleged assault is three years, so another could still be filed.
However, Sholar faces a misdemeanor charge for assault with intent to inflict serious injury on the employee at LongHorn. The Wilmington Police Department opened an investigation against the former Edward Teach Brewing owner on July 23. According to WPD detectives and witnesses, Sholar was feeding his dog from the table, which is against health department code, when asked to stop. The employee offered a to-go bag and while attempting to clear a plate from the table, Sholar allegedly grabbed it and threw it at the worker. It caused a 3.5-inch laceration, requiring seven stitches, and a hairline fracture.
In the civil action filed the day after the incident, Sholar shared his side of the story, stating he was eating at the bar 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.
Sholar turned himself into the sheriff’s office the first week in August and paid a $1,000 bond for the assault charge. His first appearance in court is Sept. 16.
It’s not the first time Sholar has faced assault charges. Two females put forth citizen-initiated warrants alleging assault and communicating threats in 2024, but they were dropped by the DA’s office. This came after an altercation with the two women in Edward Teach went viral via a social media post. It led to multiple lawsuits and ALE charges being brought forth against Sholar as well, resulting in him becoming an ineligible ABC permittee. Sholar transferred Edward Teach into a trust to be managed by his sister on July 14, nine days before the LongHorn incident.
CATCH UP: Edward Teach ABC permits canceled in June, brewery responds to former owner’s arrest
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