Posted: Oct 25, 2013 7:11 PM by Sanjay Talwani - MTN News
Updated: Oct 25, 2013 7:11 PM
HELENA - The Montana Department of Revenue is calling for a 20-day license suspension for downtown Helena bar O'Toole's, which the agency says over-served a customer who later killed two people while driving intoxicated.
O'Toole's, on North Last Chance Gulch, faces a possible 20-day suspension of its license and a $1,500 fine in the matter.
The department's Liquor Control Division also says "aggravating circumstances," including the obstruction by an O'Toole's employee of an investigation by peace officers, merit the suspension.
The matter stems from an April 30th crash in which two people died - 16-year-old Justine Smith and her 51-year-old grandmother, Mildred "Kay" Richards.
The driver who caused the crash, Arielle Michelle Schescke, later plead guilty to two counts of vehicular homicide and received a 40-year prison sentence with 20 of those years suspended.
The notice to O'Toole's, signed October 21st by officials of the Liquor Control Division, says that based on citations written by the Montana Highway Patrol, the division has reason to believe the bar served a person who was "actually, apparently, or obviously intoxicated."
A third violation could result in revocation of the bar's liquor license.
O'Toole's has 23 days from the date of the notice to request a hearing to challenge the action.
The bar also faces a lawsuit filed by the woman whose mother and daughter were killed in the accident.