Two Lubbock bars lose alcohol permits after deaths - KCBD NewsChannel 11 Lubbock

5/3/10

Two Lubbock bars lose alcohol permits after deaths

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LUBBOCK, TX (KCBD) -

By Ann Wyatt Little - bio | email

Lubbock, TX (KCBD) –  The Texas Alcoholic Beverage Commission released new details about why two local bars shut their doors this spring.

The commission says agents linked to two separate fatalities to McGilligutty's and He's Not Here Saloon. T.A.B.C. agents say the bars over served people who minutes after they walked out the front door died.

Once T.A.B.C. agents receive police reports where alcohol is possibly a factor they start what they call a source investigation to identify the source of where the alcohol came from. Agents took statements from witnesses and bartenders but the biggest piece of evidence is a receipt.

"If we can find a receipt it shows us when they bought it, how they paid for it and who served it," says Lt. Williams who added that one of the cases had a solid receipt the other relied on witness statements.

Chastity Killian, 33, died two blocks from McGilligutty's after investigators say she swerved into traffic. Receipts show her table drank 23 beers and a cocktail. Her blood alcohol level was .135 percent. The legal limit in Texas is .08 percent.

Two weeks after Killian's accident, 47-year-old Jose Usura went to watch a football game at He's Not Here. Agents say Usura was a regular and a witness described him as being fine, but when he left the bar he stepped off the curb into traffic where two cars hit him. Agents say two bartenders served him too many beers, his blood alcohol level was .315 percent, four times the legal limit.

"It's been a while since we had a source investigation to where we canceled permits locally," says Lt. Williams who added both owners voluntarily gave up their permits. As part of the investigation process, the bar owners opted to avoid a hearing before a judge and handle case in Lubbock.

Brian Burns, Owner of He's Not Here, agreed to waive his right to a hearing and surrendered the permit effective immediately. He's Not Here Saloon received their T.A.B.C. permit back in 1997 and since then had multiple safety violations, including four cases of sale to an intoxicated person between 2000 and 2004 according to T.A.B.C. Rajeev Gill, President of UJNA, Inc., also surrendered the permit. McGilligutty's received their permit back in 2007 and since then has had no other violations according to agents.

No charges have been filed against the person who over-served Killian at McGilligutty's. Agents say they couldn't be 100 percent certain who served the drinks but criminal charges can be filed at a later date, if more information becomes available. Charges are pending against two bartenders at He's Not Here for selling alcohol to an intoxicated person which if convicted carries up to one year behind bars and at the most, a $500 fine.

T.A.B.C. offers free training classes for businesses that sell or serve alcohol. If you would like more information on the course you can contact local agents at (806) 793-3221.

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