SAUGUS, Mass. — The Alcoholic Beverages Control Commission (ABCC) will hold a hearing on Tuesday to determine if a restaurant could face penalties for multiple alleged violations.
On the night of May 5, Massachusetts State Police Trooper Kevin Trainor was killed by a wrong-way driver along Rt. 1 in Lynnfield.
The driver, identified as 50-year-old Hernan Marrero, also did not survive. The Essex County District Attorney said investigators determined Marrero’s blood-alcohol level was more than twice the legal limit.
“The bottom line is no matter what happened, it was a tragedy beyond the imagination,” Peter Elikann, a criminal defense attorney and legal analyst said.
Earlier this month, Boston 25 spoke with Trooper Trainor’s mother about the findings of the investigation. “Obviously I love my son, and I think about him but there are two lives lost here and, you know, it was all for nothing,” Trainor said.
The DA said on the night of the crash, Marrero was served nine alcoholic drinks between 9:20 p.m. and 12:53 a.m. at Tribu Mexican Kitchen and Bar on Rt. 1 in Saugus, before getting behind the wheel and ultimately driving the wrong way down Rt. 1.
The ABCC issued notice to Tribu alleging multiple violations for serving alcoholic drinks after hours and for serving free drinks.
The statement from the DA’s officer stated, “after a thorough review in light of the applicable legal standards and burden of proof, this Office has determined that criminal charges are not sustainable.”
“A restaurant can be in a world of trouble for serving a visibly intoxicated person and violating a number of other civil statutes but generally speaking, they are not usually criminally charged,” Elikann said.
Elikann said restaurants facing violations can still face severe penalties, like losing their liquor license.
“Sometimes the license is only suspended for a period of time and they can kind of earn their way back, otherwise the liquor license is totally revoked... and generally speaking, liquor is the huge, huge part of their profit margin and without a liquor license a number of restaurants would go under,” Elikann said.
The Saugus Board of Selectmen can also revoke liquor licenses in town. Debra Panetta, chair of the board, said in a statement:
“The Saugus Board of Selectmen are in communication with the ABCC and are working collaboratively in this matter. Once the ABCC finishes their investigation, the Saugus Board of Selectmen will determine the appropriate course of action.”
The hearing is scheduled for 1:30 p.m. on Tuesday in Chelsea.
This is a developing story. Check back for updates as more information becomes available.
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