SUNBURY — The last physical location of Dynamic Wings Express in Sunbury is temporarily closed with no timeframe as to when it will reopen, according to owner Gary Straub on Friday.
Straub, who with his brother Barry Straub owe more than $326,000 in state sales and employee taxes, said he shut down the store at 901 Market St. this week due to declining sales but plans to reopen it. The Selinsgrove location at 209 W. Pine St. closed down in July and the Middleburg location at 100 N. Main St. closed down in June.
Straub blamed unreliable employees and publicity of his and his brother's guilty pleas in June from charges in Snyder County stemming from their failure to pay tens of thousands of dollars in state sales and employee taxes.
"We closed down for right now," said Gary Straub. "I don't know what's going on right now. We're trying to regroup and see what we can do."
Gary Straub pleaded guilty to five, third-degree counts of theft by failure to make required disposition of funds. He was sentenced before Judge Michael H. Sholley to serve seven years, of which six months will be served under electronic home monitoring followed by 6 1/2 years of probation. He'll also serve another 28 years of probation and is ordered to pay $248,525 to the state, according to court documents.
Barry Straub pleaded guilty to 14, first-degree misdemeanor counts of theft by failure to make required disposition of funds and received a sentence of 25 years of probation. He must also pay the state $77,925 in restitution.
The men were accused of spending the money to operate their restaurants rather than turn over the taxes to the state, according to the state attorney general's office.
According to the online judicial docket system, Barry Straub paid only one payment of $300 toward restitution while Gary Straub has paid a total of $600 toward restitution.
Gary Straub said the opening of Burger King hurt his business in Middleburg and employee problems hurt his business in Selinsgrove. He said he couldn't find employees willing to work the hours and he had to suspend employees for inappropriate behavior toward customers.
"You can't run a business that way," he said.
Straub said he and his brother are working through their legal problems. He also admitted that some checks to employees were bouncing, but those "were being taken care of," he said.
He plans to continue to operate the two Dynamic concession trucks at fairs and festivals.