Sunday, August 04, 2013

17 SHOTS AND 4 BEERS IN 4 HOURS (UPDATE)

Nicole Baukus, who killed two teens in a wrong-way car crash after consuming 21 drinks in four-and-a-half hours, changed her plea to guilty Thursday in the middle of her trial. She was sentenced Friday to a total of 38 years in prison. Because she was sentenced consecutively on all three charges, Baukus must serve 34 years before becoming eligible for parole.

Also on Friday, Texas Alcoholic Beverage Control (TABC) agents issued an arrest warrant for Kambiz Michael Duran, 29, for giving Baukus several of the drinks she consumed at the bar the night of the deadly car crash. The Texas law that makes it illegal to sell drinks to an intoxicated person also prohibits anyone from giving alcohol to someone who is already drunk. TABC agents uncovered his identity during the Baukus trial. They did not have any problem finding him. Duran was serving 180 days in a state jail for possession of marijuana.

As far as I can tell, no charges have been filed against the bartender and the waitress of the On the Rox Sports Bar and Grille who served Baukus all those drinks and who had to see her staggering drunk all over the place. On the Rox and its employees are just as responsible for the deaths of the two teenagers as is Baukus.

In Texas, sale of alcohol to an intoxicated person is a Class A misdemeanor punishable by up to a year in jail and a fine up to $4,000. Some time in jail, let’s say at least 30 days, and a hefty fine for the On the Rox employees would get the attention of all bar employees in the area. Unfortunately however, attorney Jim Adler says that this law is rarely ever enforced in Houston and the surrounding area.

UPDATE: I have just learned that On the Rox had its license suspended from Feb. 27 to March 28 by TABC for serving an intoxicated person. I am not sure, but I suspect it was for the Baukus incident. The name of the bar has been changed to Flying Pug Sports Pub.

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