FORSYTH COUNTY, Ga. — For 12 years, the Phelans have provided a safe house for Halloween parties.
“At every one of those parties over the 12 years, there has not been alcohol served to underage individuals, and no individuals underage allowed to drink at their parties,” Abrey Villines, an attorney representing the Phelans, said.
On Halloween night, Oct. 31, the Forsyth County Sheriff’s Office arrested the couple, Julie B. Phelan, 47, and Dr. Michael K. Phelan, 52, in their Laurel Springs subdivision home and accused them of “contributing to the delinquency of minors,” a misdemeanor.
Now, the Phelans want to clear their names.
“No one was drinking and no one was served alcohol,” Villines said.
According to an incident report, there were three 17-year-olds found outside of the home, who tested positive for alcohol. They were all cited for underage possession of alcohol and one of the three was taken to the hospital to be treated for alcohol poisoning.
Villines said the men were found in the bushes and the woods and had been denied entrance into the party.
But all of the underage youths inside the home, who were tested with a breathalyzer test, came back negative for alcohol, a claim that is backed by the sheriff’s deputy incident report.
“They are completely and totally innocent and were wrongfully, falsely and maliciously arrested,” Villines said. “I would expect not only the charges would be dropped, but I would expect an apology from the sheriff’s office.”
The Phelans are scheduled to appear in state court on Jan. 11.