Criminal charges dropped against chef in dispute with Gilbert brewery

Criminal charges tied to a dispute between a sandwich shop owner and the brewery he leased kitchen space from have been dropped.

Philadelphia Sandwich Co. owner Aaron Link faced up to nearly six years in prison for two felony burglary charges tied to an eviction notice issued by Flying Basset Brewing, the now-shuttered Gilbert brewery from which Link was subleasing. Link was arrested on Oct. 31 — the day he received an eviction notice — after a Flying Basset owner called police when she spotted Link at the space on a video camera.

“That was a pretty big leap of faith, but when you’re innocent, it’s easy to do that,” Link says about fighting the criminal charges. The chef relocated to Maine, after getting permission from a judge during the criminal case, to lead operations at a restaurant group. He says the felony charges made it challenging for him to find work in Arizona.

Since the arrest, Link maintained that he was current on his rent and that the arrest was improper. On March 27, a prosecutor submitted a motion to dismiss the case against Link. Maricopa County Superior Court Judge Michael Kemp agreed and did so on Monday.

“Defendant provided documentation that he had paid rent for the month in question. That was confirmed by the victim,” Deputy County Attorney Misty Fauth wrote in the motion. “Therefore, it is in the interest of justice to dismiss this case.”

Link and the brewery owners, Rob Gagnon and Sara Cotton, stated that the disagreement stemmed from utility payments, which Link split with the brewery. The brewery closed on Sept. 30.

A civil suit filed by Link in December against the brewery, its owners and property management company Simplified Properties and its subsidiary 720 Ray LLC is still pending. Link alleged breach of contract, overpaid rent, unreimbursed costs and that more than $100,000 of his kitchen equipment is being held hostage. The brewery owners and landlord denied the allegations in separate court filings.

Link says he’s hopeful the dismissal of the criminal charges will support his case in civil court.

“You can’t just lock somebody out without giving notice,” Link says.