The Texas Alcoholic Beverage Commission is recommending charges against a Lubbock bar accused of over-serving three Tech students involved in a deadly accident. A mother who lost her son in the accident is also seeking damages from the driver and the bar.
On Jan. 28, Brian Cody Hawthorne, 26, was driving south on the 500 block of University Avenue. Police say he was drunk when he lost control and rolled his truck. The truck slid down the sidewalk and killed 68-year-old Courtland Whitmore. A fire hydrant then went through the windshield, killing Arturo Almaguer, 23, and Kendrick Johnson,27.
TABC Lieutenant Brian Williams says a receipt in one of deceased pocket proved the young men were at the Roof bar above the Raider Park parking garage on Marsha Sharp and University minutes before the crash. He says they uncovered they were at three bars before that one.
"What we are seeing off the receipt is the number of their party and how many they were served in a certain amount of time. They were over served there," said Williams.
He says they also have surveillance video of the three walking out of the bar. TABC is recommending the District Attorney charge the bar with selling to an intoxicated person. They will also recommend the bar's license be canceled.
Kendrick Johnson's mother, Starlene, filed her lawsuit Wednesday in the 72nd District Court. Her attorney, Davis Smith, says his client is suing because she wants the bar to be held accountable. He says Facebook is what pointed all fingers to the Roof bar.
"Kendrick's mother is hoping to change the conduct of bar owners or people serving alcohol to that they watch what they do," said Smith.
The lawsuit states she wants to be reimbursed for pain and anguish, medical expenses, and funeral and burial expenses.
The Roof bar has not returned our calls for comment.
Hawthorne has been indicted for three counts of Intoxicated Manslaughter and three counts of Aggravated Assault.
TABC says they will file their recommendation with the DA next week.
Copyright 2012 KCBD NewsChannel 11.