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County law enforcement officials were disappointed that their attempt to prosecute a Damascus father and son as repeat offenders for providing alcohol to minors failed, but the family feels exonerated.

District Court Judge Stephen Johnson on Thursday found George Barberi, 43, and his son Robert, 20, not guilty of furnishing alcohol to minors because police did not issue the correct citations.

"There was no evidence of furnishing [alcohol]," Johnson told prosecutors afterwards.

He told them that had police charged the Barberis with allowing alcohol to be consumed by minors in their presence the case might have gone differently.

George Barberi's attorney, Rene Sandler, and Robert Barberi's attorney, Steven Mercer, claim that even if police had filled out the citations alleging that that the men knowingly allowed a person under 21 to consume alcohol in their presence, they would still have been found not guilty.

On a motion from the defense, the judge declared the Barberis not guilty without hearing the defense case.

"We're thrilled to death but disappointed the whole story didn't come out," Sandler said afterwards.

The Barberis were charged with furnishing alcohol to minors after police entered their backyard the evening of Oct. 5 and found four underage young adults, including Robert, holding beer cans, according to court charging documents and the testimony of a county police officer.

George Barberi pleaded guilty to a similar charge in connection with a party at his home in August 2007, so he faced a $5,000 fine under a repeat offender law that took effect Oct. 1, 2008. He was one of the first in the county to be charged under the new law.

Police have targeted the family since the first incident, Sandler said.

"My client felt like they were living in a fishbowl for some time," she said.

In the 2007 incident, police were called to the Barberi house for the report of loud noise from a party, Officer Bill Morrison of the Alcohol Enforcement Unit said at the time. Police were denied entry to the house, so they walked around the house and peeked in the windows, he said. In the back of the house they found a teenage girl in the basement alone, unconscious and lying in her own vomit, he said. Police found a key outside the house and let themselves in.

In 2008 incident, county police Officer Gary Finch testified Thursday that officers arrived at the Barberi house in the unit block of Newbury Court about midnight Oct. 5 in response to a noise complaint and allegations of an underage drinking party.

Finch, the first on the scene, recognized the address from the previous party and called the Alcohol Enforcement Unit for backup. When no one answered the front door, Finch walked around to the backyard, where he saw 12 to 15 people, including some young adults he recognized, holding beer cans, he testified.

Under questioning by Sandler, Finch said he did not see Barberi give the young adults beer.

The Barberis had not even supplied alcohol to their adult guests, Sandler said after the trial. Everyone had brought their own drinks, she said.

As to a noise complaint, she had planned to call a next-door neighbor to the stand to testify she did not hear any noise.

Finch said no one has ever questioned the manner in which the citation is filled out.

"It was a learning lesson," Finch said afterwards. "We've charged countless people. Nobody's ever brought it up to us."

Police officials did not return several calls seeking comment by press time Tuesday.

Prosecutors appeared surprised by the outcome of the case, but said they remain determined to pursue similar cases in the future.

"The community needs to be aware that if someone provides alcohol to minors or sells it to minors, we take it seriously because it is a serious public safety risk," said Emily White, spokeswoman for the State's Attorney's Office.