There’s no guarantee that the Kenosha sports bar that played a role in a New Year’s Day drunk driving death will undergo scrutiny of any kind.
Christopher Thayer is facing a charge of homicide by the intoxicated use of a motor vehicle. The crash occurred just after Thayer finished spending over seven hours at Rivals Sports Pub and Grille located on a frontage road off of I-94.
Assistant City Attorney Matt Knight, without commenting directly on the case, said over-serving is illegal, but it’s an offense that’s rarely prosecuted for a variety of reasons. The city’s License and Permit Committee oversees bars and bartenders, but any disciplinary action is based on convictions. In the case involving the sports bar, a police investigation could be triggered by a citizen complaint, he said.
On the civil side, bars and bartenders are largely protected from liability in such cases because of state laws, according to attorneys.
There are some exceptions. But Kenosha County District Attorney Michael Gravely agrees that bars and bartenders are "significantly insulated in these cases.” Gravely—who said he couldn’t comment further because of pending prosecutions---was also asked about the Thanksgiving holiday double homicide in Twin Lakes that also was preceded by the defendant having spent time in a bar. In that case, the defendant purportedly described himself as "blackout drunk."
In the drunk driving death, the defendant told investigators that he had entered Rivals at about 10:30 a.m. New Year's Day and started drinking Kentucky bourbon beer with a friend and may also have had some shots. When asked by an investigator to gauge just how much he'd had to drink, Thayer reportedly said, "I don't know-- like two or three drinks an hour."
According to the criminal complaint, Thayer's friend estimated that each of them had significantly fewer drinks---about eight between 11 a.m. and 5 p.m.
Generally speaking, the experts say that a human body can process about one drink per hour. Other factors include food consumption and a person's gender and weight.
Against the advice of the bartender and others in the bar, Thayer exited the building at about 6:20 p.m. and drove off, refusing offers of rides home. The fatal crash occurred minutes later when Thayer allegedly crossed the centerline, killing a 53 year-old woman and injuring her grandson.
Thayer told the investigator that he didn't remember getting into his truck.
Thayer--owner of a construction company--is due in court next for a final pre-trial Apr. 23rd.
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