The patriarch of a White Oak family charged last summer with operating a multi-county illegal gambling ring contends the criminal case against him should be dismissed for a lack of evidence.

In court documents filed Friday, the attorney for Robert Biros, 83, asked that a preliminary hearing be conducted to review the prosecution’s case.

“The defendant and his counsel have reviewed the substantial amount of discovery provided by the commonwealth and concluded that there is insufficient evidence to make out a … case against this defendant,” according to the court motion filed by defense attorney Lee Markovitz.

Biros, along with his three adult children and a Pittsburgh man, were charged by the state Attorney General’s office last summer following a grand jury investigation into allegations that they ran an illegal video gambling operation over the last three decades at of various local bars and taverns.

According to the grand jury presentment, state agents searched the Biros family’s residence in White Oak and seized about $140,000 in cash. They later executed 18 search warrants at various establishments and confiscated more than 100 video machines, according to the presentment.

Biros waived his preliminary hearing during a court appearance last November before North Huntingdon District Judge Wayne Gongaware.

According to Friday’s court filing, Biros also claims the criminal case was improperly filed in Westmoreland County and asked that it be transferred to a judge in Allegheny County.

Biros and his children, John Biros, 57, of McKeesport; Christine Biros, 55, of White Oak; and Andrew Biros, 53, of Greensburg, were charged with two counts of participating in a corrupt organization, 15 counts of maintaining gambling devices and single counts of dealing in proceeds of an illegal activity, conspiracy and obstructing law enforcement.

John and Christine Biros are scheduled to appear in court on June 18 for a pretrial hearing before Westmoreland County Common Pleas Court Judge Meagan Bilik-DeFazio.

Alfred McCauley Jr., 64, of Pittsburgh, accused of being a Biros family business associate and was charged with three counts of allowing gambling, two counts of being an employee of a corrupt organization and a single count of conspiracy to engage in gambling. State agents said he steered the gambling operation’s attempt to get the family involved with investments in a proposed race track and casino project that was never built near New Castle.

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