Now that the cards are on the table in the Brian Euston murder investigation, the $64 million question remaining is, was he overserved that fateful night at Kelly‘s in Westport?
Lost in the search for what happened to the 24 year-old Kansas City man – found dead on a sidewalk near Kelly’s where he’d passed the night drinking – was what sort of shape Euston was in during those wee small hours of the morning.
Not that there weren’t hints.
A Facebook tribute page put together by Euston’s friends is loaded with dozens of photos of Euston waving beer bottles and making Animal House party faces. Clearly the dude was not the laid back sort – he was a party boy of the first order. And while police kept Euston’s autopsy results under wraps, they finally released his blood alcohol levels with the arrest details’
And guess what? The dude was totally wasted – nearly five times the legal limit to operate a vehicle!
Sadly, his mother was quoted at the press conference as saying, "He was Mr. Happy and he was too Mr. Happy that night."
Today’s Star story says, "According to court documents, Euston, who was intoxicated, was being overly friendly and hugging people. (the guy who slugged him’s) girlfriend told him to leave, but Euston refused and ‘kept getting in their faces.’ (The boyfriend) grew irritated at Euston and said he was going to ‘knock him out’ if he didn’t leave. When Euston stayed, (he) punched him once. Euston fell, striking his head on the concrete."
The question remaining is what in the heck Kelly’s was doing serving someone with a .387 blood alcohol level?
Do police plan to investigate?
"I haven’t heard yet," a police spokesman says. "Officially we investigated this as a homocide."
Kansas City Liquor Control could not be reached and Missouri Alcohol and Tobacco Control head Joe Hodgin declined to say.
However, the behind the scenes answer is yes.
Kelly’s will be investigated just like the Peanut downtown was a few years back.
Former KC liquor control head Vic Cook says, "If somebody dies as a result of something that happened at a bar, that would certainly trigger an investigation…I would think so, absolutely. It would be with me, absolutely."
Which brings us to the rules of overserving…
"The way the law is written is if the customer appears to be drunk, then you shouldn’t serve them," Cook says. "Unfortunately, it’s based on appearance."
However, the Missouri state statute reads as follows:
"Any licensee under this chapter, or his employee, who shall sell, vend, give away or otherwise supply any intoxicating liquor in any quantity whatsoever to any person…intoxicated or appearing to be in a state of intoxication, or to a habitual drunkard, and any person whomsoever except his parent or guardian who shall procure for, sell, give away or otherwise supply intoxicating liquor to any person under the age of twenty-one years, or to any intoxicated person or any person appearing to be in a state of intoxication, or to a habitual drunkard, shall be deemed guilty of a misdemeanor…"
Put another way, "It’s illegal to sell alcohol to an intoxicated person," says a regulatory official.