Events from police report, Attorney notes review of witnesses.

Police Report

Responded at 0050

Arrest at 0100

Mitchell is found unconcious laying across the street

May 8, 2011 01:02

Per police, no one claimed to know where Mitchell had gone during the altercation.

He was bleeding from his head.

An ID belonging to Duran is found on Mitchell's possession

May 8, 2011 01:03

Mitchell also had his Centennial High School ID from Gresham.

Witness Delgado

Was with Laredo and Duran and witnessed part of the altercation

Witness Delgado Saw Duran calming Mitchell for no reason

May 8, 2011 00:39:45

Mitchell and Duran were not fighting

Delgado sees Kelly throw Duran off of Mitchell and grab Mitchell

May 8, 2011 00:41

Delgado sees Kelly slam Mitchell forward, hitting Mitchell's head on a table

May 8, 2011 00:41:30

Kelly had placed one hand on Mitchell's abdomen and the other on his upper back

Delgado says Duran was pulling security off Mitchell.

May 8, 2011 00:42

Extra security arrived, parties were separated and they were escorted out

Jesus Duran

Charged with Assault 3. In the military, told police that arrest would ruin his career.
5'8" 145 lbs. 10/18/1988

Duran was at club with Mitchell but does not know him well

May 8, 2011 00:40:01

When officer Ajir approached Duran for the interview, Duran had bloodshot, glassy eyes and had a strong odor of alcohol.

Duran saw Kelly grab Mitchell

May 8, 2011 00:41:01

Duran pushed Kelly, then Kelly grabs him by the neck.

May 8, 2011 00:41:31

Duran says the bouncer told him "I want no problems" and then grabbed Duran by the upper arm/ shoulder and escorted him out of the club. He denied striking, hitting or choking anyone.

Duran told Officer Ajir multiple times that he was in Military and arrest would ruin his career.

Francisco Laredo

5'10" 175 lbs. 9/7/1984 Charged with Assault 3.

Laredo saw Keely kicking Mitchell out of bar

May 08, 2011 00:40

Estimated time sequence because police responded at 12:40 and a witness claims they arrived within 5 minutes.

Laredo sees Mitchell push the bouncer

May 8, 2011 00:41

Laredo tries to pull Mitchell away from altercation

May 8, 2011 00:41:30

Laredo says Kelly slammed Mitchell to the ground.

May 8, 2011 00:41:45

Laredo told police Mitchell had been drinking alot and was trying to stop him from fighting the bouncer.

Laredo says additional security arrived and escourted the group out

May 8, 2011 00:42

Laredo denied striking, hitting, pushing or choking anyone.

Michell Medical Records

167lbs. 5' 7"

OHSU medical records.

Mitchell arrives at ER

May 8, 2011 01:35

0.301 Blood alcohol level

May 8, 2011 02:30

He would need at more than 10 drinks in an hour, for his body weight, to reach this alcohol level

Postive for (valium) and cannabis

May 8, 2011 02:30

Discharged from Hospital

May 8, 2011 07:01

X rays of chest, cervical area, face, showed no fractures.

CT scan shows right premaxillary soft tissue swelling

F/U with Kaiser, reporting headaches

May 26, 2011

trouble focusing at school,
Trouble with work (holds down two jobs).

Given amitriptyline (Evalil) 10mg to prevent headaches, once a day

June 30, 2011

Preventive measure he was to take once a day

Kaiser F/U, headaches continue, trouble sleeping

July 1, 2011

Headaches continue impair work performance

Fails to take precribed medicine, headaches continue

September 20, 2011

Headaches continue to creep from left back neck to right forehead. Can stop his ability to work. Has missed medical follow up appointments and had only taken 13 pills of medicine he was supposed to take once a day. Pills made him sleepy.

Excused for 3 days of school

Kelly, John work History

Dr. Feelgood's Pub

March 13, 2009

Gossip Restaurant and Lounge

June 28, 2010

Smoke and Mirrors INC

September 16, 2010

Renewed License

August 26, 2011

Society, working

September 1, 2011

License expired

December 23, 2011

Raoul Calderon

CFO, 50% owner of Restaurant Management Group

Raoul Calderon and David Angeles form Restaurant Management Group LLC

July 3, 2007

Calderon establishes strict house policy,

November 28, 2007

Higher standard house policy created partly because Previous LLC denied liquor license.
Previous establishment Lost license because:
2 violations of selling to minors
Minors were allowed on the licensed premises.

Calderon plan :
In addition to conditions -
"house policy: -That everyone that orders any alcoholic drinks will need and have to show valid, legal ID on proof of age !!! (21 & up)
-Along with the monthly mandatory meeting, we will have an ongoing training of all staff to teach them how to properly read and/or identify all ID's.
-There will be no minors allowed after 9pm in the entire restaurant !!!"

David Angeles is an undisclosed owner, allows Rice to work unlicensed

November 29, 2007

In March 2009 David Angeles and Raoul Calderon take responsibility for this violation where the proposed penalty was the sanction of their license.

Portland Police Bureau requests restrictions

December 2, 2007

The establishment has a history of serious and persistent problems involving disturbances.

Liquor License granted with conditions

December 3, 2007

1) checker outside of the lounge entrance starting at 4pm until closing.
2) No minors after 9 p.m
3) closed early, at 12am on fridays and 11:30pm on Saturdays

OLCC approves Bar policy, summary letter provided

January 9, 2008

From OLCC, Calderon receives Letter of caution explanation, and Bar policy approved

Responsible Vendor status approved

February 19, 2008

Posting of certificate is a visual reminder of commitment to preventing alcohol sales to minors

Benefit includes reduced sanctions if employees sell alcohol to a minor.
Attend 4 employee training meetings a year

House policy: Compare the ID with the person (photo, height, weight, eye color. Plus: asks questions of the information on the ID.
Consequence is fired/terminated immediately.

Extended hours approved, open until 2:30 am

March 17, 2008

Control plan outlines:
Incident logs
No minors in bar after 9pm

Agrees to have all security staff DPSST certified.

" All employees trained to spot intoxication. Any person visibly intoxicated are cut off and both hands labeled with an X, to notify that that person will not be served alcohol. "

Officer Friedman cites 3 security employees for not being DPSST licesed

May 3, 2008

At 11:30 pm portland police discover Jeffrey Malunay, Daniel Fusaro, and Paul Brown, are working security but not licensed.

Manager assures unlicesened employees replaced, new certified staff hired

May 28, 2008

17 yr old, Mark Aldana is found passed out with eyes rolled back into head

July 27, 2008

Aldana told Officer Aaron Schumautz that he had "a whole lot" of drinks at the bar.
The ID was for a 5'4" 160lbs, different facial shape and darker than Aldana, who is 5'9".

Aldana had 6 shots of hard liquor, and did not drink anywhere else.

Police discover security at door was not licensed

July 28, 2008

Daniel Fusaro was the security at the door who let Aldana in the night he was found passed out.

Patron severly injurs another Patron

August 31, 2008 02:11

Garrett Pearsall injured Timothy Turcotte after Persall was angry from being cut off.
Persall was taken outside by security , was taken to the ground and fought, 75 to 100 people were watching as police arrived.

Police investigate DUI, after driver left bar

October 22, 2008

Security Manager not licensed, plus 2 others cited by OLCC investigation

January 17, 2009

Shawn Pierce introduced himself as the security manager and was wearing a shirt that said security on the back.
He had been hired by the corporate manager.

David Angeles was involved in day to day operations, unlicensed investor

January 18, 2009

He had hired Shawn Pierce

Sirivanh Vorachi terminated

February 15, 2009

He was supposed to contribute 100,000 but didn't so he was initially given 10% of the company. His share was gifted to one the remaining partners. As of this date Raul was 45% owner and David Angeles 55%.

David Angeles emphasis training, establishes new staff

June 2, 2009

Melinda Hiday responsible for state/federal law compliance.
Jacob Rinier new Security Supervisor

Raoul Calderon and David Angeles contest OLCC proposed penalty

June 3, 2009

Violation for serving alcohol to underage person and having unlicensed security staff.

Argued that equal protection rights were violated because OLCC engaged in selective enforcement. It was found not persuasive.

Also argued unreasonable delay in taking action. Found reasonable because the investigation occured a month an half after the incident and when the notice was given. Further, Licensee did not discuss the incident with the inspector, starting on September 17, 2008, and was unwilling to do so.

p. 48/ 243. "envy denies liability." "the alleged minor... did not present identification to any Envy employee and was never allowed in or upon Envy premises on July 27, 2008. The alleged minor is incredible. The investigation was wholly insufficient."

DUII of Kelly Little, 0.20 BAC

July 12, 2009

She had been drinking rum and cokes at Envy.
David Angeles says policy is to stop visibly intoxicated people at the door.

David Angeles warned that business resposible for promoters

July 13, 2009

Email received by OLCC showing Ty Lankheet for May 23, 2009 offering free champagne from 9 to 10:30PM at premises. Also the premises was serving 4 well drinks to one person for 10 bucks on ladies night.

Angeles denies they stack drinks, and said it could be ex-employees starting rumors. He said he would verify that the practice was not going on. Confirmed he understood they are responsible for their promoters

3 DUII in last three weeks between 0.15 and .20 BAC

July 22, 2009

OLCC investigator request inspection of company to check for possible over service issues on Saturday nights from 11pm to 1am.
Also to check security staff have DPSST license.

DUII of Joaquin Garibay 0.19

July 24, 2009

Rice, Damien cited, not DPSST licensed

July 25, 2009

The public safety program found this violation to be intentional

7,590 fine paid plus 6 day suspension, instead of 52 day suspension

November 6, 2009

Final order October 26, 2009
Removed from Responsible Vendor Program

59 day suspension as part of settlement agreement

March 15, 2010

David Angeles had owned a stake in the business without disclosing interest since November 29, 2007. He was more than a stockholder.

Plus he intentionally allowed Damine Rice to work as private security without a license. From November 29, 2007 through July 25, 2009.

Raould Calderon changes bar name, from Envy Lounge to Society

March 31, 2010

No minors anywhere in premises, David Angeles files with OLCC

May 27, 2010

59 day suspension ends

May 28, 2010 07:00

Remodeling complete, new floor plan filed

December 10, 2010

.21 DUII arrested after last drinking at the bar

February 12, 2011

Security not able to produce License

March 20, 2011

Abraham Moses did not have hiss DPSST certification. He said it was valid. On May 11, 2011 Mr. Angeles said he had inspected temporary DPSST permit.

VIPs start a fight, three patrons removed from premises

April 3, 2011

Fight breaks out outside

April 10, 2011

David Angeles states that when a fight breaks out, they always call police.

Angeles tells OLCC a fight broke out outside, after three people removed

May 11, 2011

"M/ Angeles said three patrons were inside the premises and began showing signs of intoxication. Security asked them to leave the premises, but they refused. Security then physically removed patron Mitchell Montiel from the premises as the other two followed. Once outside, a fight ensued. Angeles said he was told Montiel used another patrons ID to get inside the premises."