A trio of charges against Brian Rowsey for allegedly running an illegal gambling operation were certified to a Buena Vista grand jury following a preliminary hearing in the city’s general district court earlier this month.
The charges stem from bingo games that Rowsey hosted at the 501 Roadhouse in Buena Vista in late 2024 and early 2025. The warrants for the charges specified dates of Feb. 13, Feb. 20 and Feb. 23.
Buena Vista Commonwealth’s Attorney Josh Elrod called several witnesses to testify about Rowsey’s games and the investigation into the activities.
His first witness, Mike Crouch, who lives on Longhollow Road and would sometimes call numbers for the bingo games, testified about how bingo worked at 501 Roadhouse. Players would be given cards and chips to mark the numbers on them as they were called. After someone got five numbers lined in a row, they would win the round and get a chance to spin a prize wheel to see what, if anything, they won.
While Crouch said he couldn’t remember exactly when Rowsey started hosting the bingo games at 501 Road- house, he did acknowledge that they could have begun in the last six months. He also said that Rowsey would host the games a couple of days each week – usually Tuesdays, Thursdays and Sundays – and would schedule them so they wouldn’t conflict with any other games being held by other organizations.
Next, Elrod called Devin Caplinger, an inspector with the Virginia Department of Agriculture and Consumer Services’ Office of Charitable and Regulatory Programs.
Caplinger testified about the nature of games like bingo, and said that any organization that runs regular games is required to register with the state. Melvin Williams, Rowsey’s defense attorney, stipulated that Rowsey did not have a permit for the bingo games he was running.
Caplinger also testified about the enforcement mechanisms for organizations that are registered and hosting regular games for fundraisers. Such organizations, she said, are required to submit both quarterly and annual financial reports for review by her office. If any discrepancies are noted, Caplinger said, the matter is turned over to the state police for investigation. The same is true for any tips that are received, which is what she said happened in the case of Rowsey and the 501 Roadhouse.
Elrod then called Sgt. Jacob Moore with the Buena Vista Police Department to testify about an interview with Rowsey conducted on March 5 by himself and Lt. Chris Plogger.
During the interview, Moore said, Rowsey “contradicted himself” about the bingo games, first saying that they were “free” and then saying that “if there’s food on the table, I’ll give them a bingo card.”
Moore noted that Rowsey said there was no cost for the cards, but that if people came in to play, he makes money off of the food and drinks they buy.
During the interview, he said, Rowsey offered more details about how the games and prizes worked at 501 Roadhouse. People interested in playing would reserve seats, either by calling in or sending a message on Facebook. Seats would be cut off at maximum capacity of the restaurant, which was 80 people. When players make bingo, they are given a chance to spin a prize wheel, which would contain a variety of prizes, such as hats, shirts and cash prizes. There was also a jackpot prize, which Rowsey said started at $500 that he put up out of his own pocket. If no one won the jackpot, any cash prizes left at the end of each night would be added to it.
Rowsey was also asked in the interview about several Facebook posts that appeared on his Facebook page and the Facebook page for the 501 Roadhouse. When specifically asked about a post made in January which said “buy a meal for $9.99 and play bingo,” Rowsey acknowledged that he “did post it like that, but that doesn’t mean I did it.”
Plogger also testified about the interview, saying that Rowsey indicated that he made “a substantial amount of money” on the nights there were bingo games at 501 Roadhouse and estimated that he made between $2,300 and $2,500 on a good night.
Plogger also testified that Rowsey had commented that he would walk around and “give cards to people who support his business” and that Rowsey had complained about people who came to play bingo but didn’t buy anything. Plogger also said that Rowsey thought he could get the jackpot up to $10,000 by springtime and wanted to move the game outdoors to have more people come play.
During his cross-examination of both Moore and Plogger, Williams asked if there was any evidence found that bingo had actually occurred on the nights referenced in the posts, and both officers said that they didn’t have any.
Screenshots of several posts referencing the bingo games were referenced during both Elrod’s direct examination and Williams’ cross-examination of Moore and Plogger. The posts date back to Dec. 27, with several throughout December 2024 and January 2025 saying that customers could “buy a meal and play bingo” or that bingo cards were free after the purchase of a meal. One post from Jan. 19 said that purchase of dessert would get players a second card.
Williams also questioned Moore about whether he’d looked into the ownership of the business, presenting a copy of the business license which shows that the sole owner is Rowsey’s wife Jodi and arguing that he wasn’t an owner of the restaurant.
Elrod’s final witness was Morgan Henderson, the school resource officer for Parry McCluer High School. Henderson testified about things he observed in the 501 Roadhouse while picking up food on the night of Feb. 13, one of the dates where Rowsey had advertised bingo on Facebook. Henderson testified that he heard some mention of a $100 bill over a speaker, saw the wheel of prizes by where he paid for his food and saw bingo cards on tables, along with small chips to cover the numbers. During Williams’ cross examination, Henderson testified that the wheel was not spun while he was there and that he did not see anyone actually playing bingo.
After presenting his evidence, Elrod moved to amend the dates for the Feb. 20 and Feb. 23 charges to Jan. 19 and Jan. 20. Judge William Cleaveland granted the motion over the defense’s objection.
Williams then made a motion to strike on all three charges, arguing that there was no corroborating evidence for them other than Henderson’s testimony and that there was no evidence to show that Rowsey had “received anything in exchange” for allowing people to play bingo.
“I agree he wants people to buy food,” Williams argued. “It’s a business … He’s using bingo to get people in the restaurant to buy food, but he’s not requiring it to play bingo.”
Elrod argued that “what the evidence shows is pretty clear about what’s going on,” adding that Rowsey “has an interest in the restaurant,” and while he did give cards to people who didn’t purchase anything, the law still applies “if someone purchases something and gets a chance to play, regardless of whether or not there’s a chance to play for free.”
“The fact that some people don’t pay is not the key issue,” he argued. “It’s the fact that it’s offered to purchase a meal [and play].”
Judge Cleaveland denied the motion to strike, commenting that it was “no coincidence that these [games] occur on the slowest nights for restaurants” and that there was “no question in my mind that he gets benefit, even if his name is not on the business. It’s a benefit to him through his wife.”
He then moved on to the matter of certifying the charges to the grand jury, addressing Rowsey directly before doing so.
“There is evidence here that the city’s intention is to have you stop doing this,” he said. “You’re close enough to the edge here that this ought to be certified to circuit court. If I dismiss this, I think it sends the wrong message.”
