Local Licensing Authority Minutes 2001 03 26

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Louisville Local Licensing Authority Meeting Date: March 26, 2001 7 talked, his speech was slurred. Muldoon continued that as they continued to talk, he smelled alcohol on Mr. Feeley's breath and noticed that his eyes were watery and bloodshot. Muldoon stated that it became apparent to him that Feeley was intoxicated. joss asked Muldoon if he was able to estimate Mr. Feeley's level of intoxication. Muldoon stated that based on his experience, he would say that Mr. Feeley -,vas highly intoxicated. Attorney Joss asked Officer Muldoon if he knew how much time had passed between the time of Mr. Feeley's bicycle accident and the time he arrived on the scene. Muldoon stated he did not know how much time had passed but that he had learned later that Mr. Feeley left Gentleman Jim's at approximately 12:30 p.m. Attorney Joss asked Muldoon if he had been able to determine the cause of the accident. Muldoon stated that Feeley was travelling southbound across Cherry, had struck the curb and fallen off the bike. Mr. Feeley told Officer Muldoon that he could not remember exactly what had happened. Officer Muldoon testified that a private individual transported Mr. Feetey to Avista Hospital. Joss asked if Muldoon had gone to the hospital to interview Mr. Feeley. Muldoon stated that he had. Attorney Joss asked Muldoon if he had ever had experience with a person sustaining a head injury resulting in a concussion. Muldoon stated that he has observed individuals with head injuries and that they have behaved in a number of different ways. He continued that most concussions are caused by injury to the top or back of the head and that he has never seen a person with an injury to the cheek sustain a concussion. joss asked Muldoon if his training taught him that it was possible for a person with a concussion to exhibit problems with their equilibrium and slurred speech. Muldoon said that it was definitely possible. Attorney Joss asked Muldoon if he was able to interview Mr. Feeley at the hospital. Muldoon stated he did interview Mr. Feeley. Joss asked Officer Muldoon if he questioned Mr. Feeley as to whether he had been drinking that day. Muldoon stated that Mr. Feeley said he had arrived at Gentleman Jim's around 11:00 a.m. and had consumed four beers. Muldoon stated that, based on his investigation, that would mean that he consumed four beers in one and one half hours. Muldoon stated he asked Feeley who had served him the beers. Mr. Feeley stated that he had a girlfriend, Laura Spooner, who worked at the bar and had given him the beers for free. Attorney Joss asked Officer Muldoon if he had asked Mr. Feeley if he had consumed all the beers at Gentleman Jim's. Muldoon stated that he had and that Mr. Feeley stated he had just left Gentleman Jim's before the accident. Attorney Joss asked Officer Muldoon how far it was from Gentleman Jim's to the site of Mr. Feeley's accident. Muldoon estimated that it was approximately one eighth of a mile. Attorney Joss asked Muldoon if he had the opportunity to inspect the bicycle and if there were any saddlebags or handle bar bags on the bike. Muldoon stated that he did inspect that bicycle and that there were no bags anywhere on the bike. joss asked if any alcohol was found at the site. Muldoon stated there was not. joss asked Muldoon if he was at the hospital when Mr. Feeley was released. Muldoon stated he was not. Joss asked if Muldoon talked with any medical staff at the hospital. Muldoon stated that the hospital was very busy and that he was told it would be two hours before Mr. Feeley could be examined. 7 \\FRED~VARRAN\LiQUOR\2001 \MINUTES\MINUTES032601.DOC