Events from police report, Attorney notes review of witnesses.
Responded at 0050
Arrest at 0100
Per police, no one claimed to know where Mitchell had gone during the altercation.
He was bleeding from his head.
Mitchell also had his Centennial High School ID from Gresham.
Was with Laredo and Duran and witnessed part of the altercation
Mitchell and Duran were not fighting
Kelly had placed one hand on Mitchell's abdomen and the other on his upper back
Extra security arrived, parties were separated and they were escorted out
Charged with Assault 3. In the military, told police that arrest would ruin his career.
5'8" 145 lbs. 10/18/1988
When officer Ajir approached Duran for the interview, Duran had bloodshot, glassy eyes and had a strong odor of alcohol.
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.
5'10" 175 lbs. 9/7/1984 Charged with Assault 3.
Estimated time sequence because police responded at 12:40 and a witness claims they arrived within 5 minutes.
Laredo told police Mitchell had been drinking alot and was trying to stop him from fighting the bouncer.
Laredo denied striking, hitting, pushing or choking anyone.
167lbs. 5' 7"
OHSU medical records.
He would need at more than 10 drinks in an hour, for his body weight, to reach this alcohol level
X rays of chest, cervical area, face, showed no fractures.
CT scan shows right premaxillary soft tissue swelling
trouble focusing at school,
Trouble with work (holds down two jobs).
Preventive measure he was to take once a day
Headaches continue impair work performance
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
CFO, 50% owner of Restaurant Management Group
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 !!!"
In March 2009 David Angeles and Raoul Calderon take responsibility for this violation where the proposed penalty was the sanction of their license.
The establishment has a history of serious and persistent problems involving disturbances.
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
From OLCC, Calderon receives Letter of caution explanation, and Bar policy approved
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.
Control plan outlines:
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. "
At 11:30 pm portland police discover Jeffrey Malunay, Daniel Fusaro, and Paul Brown, are working security but not licensed.
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.
Daniel Fusaro was the security at the door who let Aldana in the night he was found passed out.
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.
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.
He had hired Shawn Pierce
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%.
Melinda Hiday responsible for state/federal law compliance.
Jacob Rinier new Security Supervisor
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."
She had been drinking rum and cokes at Envy.
David Angeles says policy is to stop visibly intoxicated people at the door.
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
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.
The public safety program found this violation to be intentional
Final order October 26, 2009
Removed from Responsible Vendor Program
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.
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.
David Angeles states that when a fight breaks out, they always call police.
"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."