As we’ve all heard by now, ‘Jackass’ MTV personality Ryan Dunn was killed in a drunk driving accident earlier this week. He’d allegedly been hanging out at Barnaby’s in West Chester beforehand and had his Porsche 911 GT3 up to an estimated 130 miles per hour before losing control on Route 322 in West Goshen Township, hitting a guardrail and crashing in the woods, at which time his car burst into flames, killing him and his passenger.
It was later reported that Barnaby’s wouldn’t be charged in his death. We put that small detail in yesterday’s Daily Grinder. According to a CBS report, the state police have reviewed the security footage of the bar and “determined that Dunn was apparently not visibly intoxicated when he was served two beers and six shots by bar employees over four hours,” though his blood alcohol level was twice the legal limit of .08.
Which begs the question: Can Pennsylvania bars can be charged for a patron’s DUI? The short answer is yes.
“Generally speaking,” says Attorney Michael Diamondstein, “bars are not charged criminally for the conduct of individuals. What tends to happen is, if a bar serves someone too much liquor, they may be civilly held liable for money damages. It’s unusual, not impossible, for a bar to be charged criminally in an alcohol-related death.”
Diamondstein, who practices out of Center City, is a criminal defense lawyer, listing Drinking Under the Influence charges as one of his practice areas. He’s also the author of law novel ‘Cloaked in Doubt.’
He says it’s tough to translate one entity’s criminal act (drunk driving) onto another entity (the bar). But prosecutors have pulled it off.
Like when on November 16, 2007, 22-year-old Roseanna Thompson was kicked out of the Lamp Post Inn, in Middletown, PA, with a BAC of .197. She crashed her car, killing herself and two others in the process. It would later be revealed that the bar repeatedly served the patron, in spite of her being visibly intoxicated, and the bouncer, a new employee, guided the woman to her car, helping her into the driver’s seat. Dauphin County authorities later filed involuntary manslaughter charges against Head’s Up, Inc., the company that owns the bar.
After an almost-three-year legal battle, Head’s Up would plead guilty to “charges of recklessly endangering another person for failing to properly train its employees to not serve visibly intoxicated patrons and for being in violation of state liquor laws,” according to the Patriot News.
Part of the plea deal with prosecutors found the company paying a total of $12,500 in fines and costs, including paying for graveyard headstones, a public service campaign and donations to designated organizations. It’s currently appealing a ruling to get its liquor license back.
In the case of Dunn, says Diamondstein, “if there was some information that the bar knew he was hammered and just kept serving him and serving him, a prosecutor could attempt to charge the bartender or the bar…That’s of course different than if the bar serves someone too much liquor and the person dies [of alcohol poisoning].”
See what the local and national media are saying about Michael Diamondstein and his cases.
Baltimore Ravens running back Ray Rice will be allowed to enter a program to avoid prosecution in an alleged assault of his now-wife. Upon successful completion of the program — which will be a minimum of one year — the third-degree charge of aggravated assault causing serious bodily injury would be dismissed. The arrest would remain on his record, but with no conviction.We were concerned that Mr. Rice would be treated more harshly because of his celebrity status. We are thankful that he was not. We are thankful that he was given the same treatment as anyone else in a similar situation.
- Michael J. Diamondstein
John Gallagher, founder of Gallagher Law in Philadelphia, has been indicted in federal court alongside other executives associated with aerospace startup Theia Group Inc. The indictment alleges involvement in a scheme where Theia falsely claimed plans to launch over 100 satellites for global surveillance, raising more than $250 million through fraudulent means. Gallagher, who served on Theia's board and as an executive vice president, is specifically accused of aiding founder Erlend Olson in financial misconduct and tax evasion activities. Gallagher, who specializes in space and satellite technology law, denies wrongdoing and intends to vigorously defend against these charges.“He [Gallagher] is a patriot, and we intend to vigorously defend his good name.”
- Michael Diamondstein
DT had spent three years in jail and was facing lifetimes more for multiple counts of child rape in Pennsylvania and Maryland. But Michael Diamondstein’s thorough investigation and strategic cross-examination forced prosecutors to withdraw their case mid-jury trial.“Michael Diamondstein is the best lawyer on Earth. He saved my life.”
- DT
Mark Young had been serving a life sentence for what prosecutors say was his role as a coconspirator in a 1974 bar robbery that ended in the shooting death of a patron. The 67-year-old Young, who maintained his innocence for almost 50 years, is now slated to be released from prison after a negotiated guilty plea. The judge vacated Young’s previous conviction and sentence.“The district attorney recognized the inequities in the case and we are thankful for the compassion and justice they decided was appropriate.”
- Michael Diamondstein
Willie Stokes's release comes after the U.S. District Court for the Eastern District of Pennsylvania vacated his murder conviction, concluding that the state violated Stokes's constitutional rights by "withholding" crucial evidence about the false testimony of a key witness in the case, according to court documents.He took his first free breaths this afternoon after almost 40 years, and he is very happy and humbled.
- Michael J. Diamondstein
Despite that fact that multiple videos showed local rap singer, Monte Small Atwell aka Benjy killing the decedent, a Philadelphia jury found Mr. Atwell Not Guilty of Murder. The video clearly showed that the unarmed decedent was chasing Mr. Atwell. Mr. Atwell’s attorney, Michael Diamondstein litigated a very effective self-defense case. After a number of withering cross examinations and a closing wherein Mr. Diamondstein exhorted the jurors that his client “would rather be judged by 12 than carried by 6” the jury agreed that Mr. Atwell’s actions were justified.Mr. Diamondstein saved my life. He is the best there is.
- Monte Small Atwell aka Benjy
Six members of an elite Philadelphia narcotics squad were acquitted of federal corruption charges – a verdict the men described as “vindication” after nearly a decade of federal scrutiny surrounding their conduct. A jury of six men and six women took 5 1/2 days to reject prosecutors’ arguments that former Officers Thomas Liciardello, Brian Reynolds, Michael Spicer, Perry Betts, Linwood Norman, and John Speiser routinely beat and robbed drug suspects during their time as members of the Narcotics Field Unit.The things that were said about these honorable men and police officers over the last eight to 10 months were ridiculous. A lot of people in this city owe these heroes an apology.
- Michael J. Diamondstein
Philadelphia District Attorney Seth Williams pleaded not guilty to 23 counts of fraud, extortion, and bribery-related charges. But the problems of the city’s cash-strapped top prosecutor continued to mount outside the courtroom, a day after federal authorities accused him of repeatedly selling his influence to wealthy benefactors willing to bankroll his luxury tastes.This indictment is 24 hours old and yet too many politicians and commentators have already tried and convicted Seth Williams in the media. Simply because the government makes explosive allegations in a complaint doesn’t mean they’re going to prove it in a court of law.
- Michael J. Diamondstein
It's 8:00 on a September morning but Michael Diamonstein has already been in his office for hours. A criminal defense lawyer, Diamondstein likes to be prepared before he goes to court. That preparation paid off to get an innocent man cleared of all charges.The man gave me my life back.
- Yusef Bey
With evidence missing and the investigation tainted by the involvement of a detective who pleaded guilty to impeding justice, the District Attorney’s Office has withdrawn murder charges against a 28-year-old man, Dante Hill, in a 2011 shooting outside a North Philadelphia sports bar.Tremendous day, not only for Mr. Hill but for the entire Philadelphia justice system.
- Michael J. Diamondstein
Michael Diamondstein argued the original jail sentence is illegal because the previous judge assigned the case failed to address if Risoldi was eligible for re-entry, which would allow her to be released from jail early.Diamondstein added that Berks County Senior Judge Stephen Lieberman, who is now overseeing the case, has authority to reconsider the sentence made by the previous judge, who retired last year.
