Did Kelly‘s overserve 24 year-old Brian Euston man who died last year?
And if so what sort of penalties might the Westport bar suffer for doing so? Those are questions only the Missouri Division of Alcohol and Tobacco Control and KC’s Regulated Industries can answer. And right now they’re not talking.
But sources say an investigation of Kelly’s regarding the incident is imminent.
Euston had gone to Kelly’s to party with friends that fateful October night and stayed until closing time after his friends had left. He later was on the receiving end of a one-punch fight outside America’s Pub. That after getting in the faces of several people and a man and his girlfriend, prosecutors say. Euston fell, hit his head and later died.
The wild card: Euston was astonishingly super drunk with a .387 blood alcohol level. A level experts say often results in unconsiousness, even death.
As for what kind of trouble Kelly’s could get into, there are precedents.
Three years ago Missouri Alcohol & Tobacco Control suspended The Peanut Downtown’s liquor license for 45 days "for unlawful sale or supply to an intoxicated person."
Here’s what was reported then.
"An employee of the Peanut overserved an intoxicated person, and she lost consciousness in the establishment and later died," MATC said. "We worked with Regulated Industries and made the decision approving the 45-day suspension."
Kansas City’s Regulated Industries head at the time Vic Cook remembers the incident well.
"The lady that died was sitting at the bar drinking and she was a heavy lady and a regular at the Peanut," Cook says. "And she fell off the barstool and laid on the floor for about an hour. Meanwhile, the bar had closed and they just left her lying there and kind of cleaned up around her. And by the time they tried to revive her, she was dead."
While that was not the case with Euston at Kelly’s, the principle and law against serving booze to patrons who are intoxicated is abundantly clear. And with the massive quantity of alcohol Euston had in him after departing Kelly’s, it remains to be learned how much he was served and why he was not cut off.
Things of this nature are very sad, Cook says.
"I was upset with the Peanut for multiple reasons," Cook says. "Starting with the humanity of it."