Prosecutorial Punt

Two years ago prosecutors in Cleburne County decided the questionable boat sales being made by Gary Eubanks were a civil rather than a criminal matter.

Now Arkansas State Police are constructing a new case file involving Eubanks.

A White County man believes a dropped charge in the past has allowed for these additional victims in the present.

In 2010 Darell Siler bought a pontoon boat for $13,500.00.

He got a bill of sale, registration, got the boat insured and had it assessed.

The seller...Gary Eubanks...even delivered the boat for him to a marina and threw in six months use of a slip there at no extra charge.

Eubanks sold the boat but did not own the boat.

"He didn't do everything he was supposed to do."

"There is one thing he didn't do...was pay the previous owner of the boat," says Siler.

Because the original boat owner (Tim Wagley) didn't get paid, he came and took the boat from Siler.

Eubanks was arrested and charged with the outright theft and sale of another boat.

In Siler's opinion, the only difference between that case and his case was a handshake and some paperwork.

An attorney for Siler (Daniel Brock) wrote a six page letter to prosecutor Don McSpadden and his Heber Springs deputy Holly Meyer "...imploring you to take up this prosecution..." and arguing that "...the citizens of Cleburne County deserve for this scheme to be exposed and extinguished."

But much to Siler's dismay...all charges against Eubanks were dropped.

Now, several years later, Eubanks is suspected of pocketing the proceeds from several more boat deals.

We asked Siler if he thinks elected officials failed to protect the public from Gary Eubanks.

"I think so," says Siler. "I think they failed on this one. We were under the impression that there was no criminal intent involved in this. But like I said I don't think he ever had any intentions of paying the previous owner."

Eubanks was home Friday when we visited Greers Ferry but refused to answer his door.

We have yet to speak with either him or his attorney Zac White.

Air date: August 12th, 2013