The fatal crash happened early in the morning on Feb. 12, 2010 on U.S. Highway 2 in Columbia Falls, about one mile south of the Blue Moon. Lakeisha Thibault, of Eureka, was killed in the wreck and 29-year-old Tyrone Stallcup was arrested and charged with vehicular homicide while under the influence.
In May 2010, Stallcup pleaded no contest to the felony charge and was eventually sentenced to 20 years in the Montana State Prison with 10 years suspended. The Columbia Falls resident told the judge he could not remember anything about the crash and was in an alcohol-induced blackout."
An investigation by Montana Highway Patrol Trooper Glen Barcus revealed that Stallcup had been drinking at the Blue Moon from about 7:30 p.m. until the crash occurred, and that the establishment's employees took no precautions to limit patrons' drinking or to prevent them from driving.
Trooper Barcus reviewed video footage from the bar on the evening of the crash and observed "intoxicated patrons, including some that had difficulty stumbling around the bar, that were served alcoholic beverages at every request," without regard to their condition.
Ultimately, seven bartenders were cited for serving alcohol to an intoxicated person - including owners Richard and Charlotte Sapa - and all have pleaded not guilty. Additional proceedings in the criminal case, which is filed in Flathead County Justice Court, have been repeatedly continued at the behest of attorney George Best, who is representing the Blue Moon in the criminal case as well as the revocation proceedings. An omnibus hearing is scheduled in the criminal case for Jan. 21.
The allegations in the criminal case led officials from the state Department of Revenue to file a notice of revocation against the Blue Moon in September, but attorneys emphasized that the two cases are independent of one another. A notice of revocation results in a civil proceeding with no bearing on the criminal case.
"We received this information from the Flathead County Attorney's Office and it's based on the same factual situation - that the bartenders sold alcohol to an intoxicated person - but ours is a separate proceeding," Michael Lawlor, an attorney with the Revenue Department, said.
The case is still in its early stages, Lawlor said, and could either settle or proceed to a hearing before an examiner appointed by the Department of Revenue. A settlement would preclude the need for such a hearing, which is similar to a bench trial. Settlement could also result in a penalty less severe than revocation, such as allowing the licensee to sell the liquor license to another buyer.
"I won't even hazard to guess how this case might be resolved," Lawlor said.
The Blue Moon's liquor license is owned by Dick and Charlotte Sapa, who live in Columbia Falls and are the principal owners of Dick Char Inc. Reached by telephone at her home, Charlotte Sapa declined to comment on the case, saying she needed first to speak with her attorney.
Stallcup is currently serving out his sentence at the Montana State Prison. In sentencing the man, Flathead District Judge Stewart Stadler recommended that Stallcup be placed in an intensive drug and alcohol treatment program during the suspended portion of his term.
Stallcup had a blood-alcohol concentration of .27 at the time of the crash, more than three times the legal limit.
His pickup sideswiped Thibault's Subaru when he tried passing the woman at a high speed and lost control of his vehicle. The impact caused both vehicles to roll into a ditch, and both drivers were ejected. Thibault was killed at the scene when her vehicle rolled on top of her.
Stallcup also suffered injuries in the crash, including a broken pelvis, hip and shoulder, and a collapsed lung.
On the night of the crash three patrons at the bar argued with Stallcup in the parking lot and asked him not to drive. A designated driver volunteered to drive his pickup truck but he refused.
Reporter Tristan Scott can be reached at (406) 730-1067 or at tscott@missoulian.com."
Source:
http://missoulian.com/news/local/flathead-county-bar-could-lose-liquor-license-over-fatal-dui/article_fb8854ce-39b4-11e1-8220-0019bb2963f4.html
Crystal L. Cox Investigative Blogger
"the Media"
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