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HomeMy WebLinkAbout20081602.tiff RESOLUTION RE: APPROVAL OF RENEWAL APPLICATION FOR TAVERN LICENSE FROM BAYOU HOUSE, LLC, DBA DOUG KERSHAW'S BAYOU HOUSE AND AUTHORIZE CHAIR TO SIGN - EXPIRES MAY 18, 2009 WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, Bayou House, LLC, dba Doug Kershaw's Bayou House, presented to the Board of County Commissioners of Weld County, Colorado, an application for the renewal of a Tavern Liquor License, for the sale of malt, vinous and spirituous liquors, and WHEREAS, pursuant to Exhibit 5-H of the Weld County Code, said applicant has paid the sum of$125.00 to the County of Weld for the renewal of the existing license, and WHEREAS, said applicant has exhibited a State Liquor License for the sale of malt, vinous and spirituous liquors for consumption by the drink on the premises only, outside the corporate limits of any town or city in the County of Weld at the location described as follows: 33165 Highway 85, Lucerne, Colorado 80646 NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Weld County, Colorado, having examined said application and the other qualifications of the applicant, does hereby grant License Number 2008-07 to said applicant to sell malt, vinous and spirituous liquors for consumption by the drink on the premises only, only at retail at said location; and the Board does hereby authorize and direct the issuance of said license by the Chair of the Board of County Commissioners, attested to by the Clerk to the Board of Weld County, Colorado, which license shall be in effect until May 18, 2009, providing that said place where the licensee is authorized to sell malt, vinous, and spirituous liquors for consumption by the drink on the premises only, shall be conducted in strict conformity to all of the laws of the State of Colorado and the rules and regulations relating thereto, heretofore passed by the Board of County Commissioners of Weld County, Colorado, and any violations thereof shall be cause for revocation of the license. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said application. 2008-1602 (.e ; LC0016 RENEW LIQUOR LICENSE - DOUG KERSHAW'S BAYOU HOUSE PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of June, A.D., 2008. BOARD OF COUNTY COMMISSIONERS ,C2; \ WELD COUNTY, COLORADO ATTEST: Atm " I -! ,f• 'am H. J rk Ch Weld County Clerk to the a tb � e )� Robert D. n, Pro-Tem BY. Deputy Cler to the Board W' ' m F. Garci Davi E. Long ounty Attorney EXCUSED Douglas Rademacher Date of signature: p/ Da 2008-1602 LC0016 THIS LICENSE MUST BE POSTED IN PUBLIC VIEW DR 8402(10/29107) STATE OF COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division 1881 Pierce Street,Suite 108 Lakewood,Colorado 80214 BAYOU HOUSE LLC DOUG KERSHAWS BAYOU HOUSE 33165 HWY 85 LUCERNE CO 80646 ALCOHOLIC BEVERAGE LICENSE Liability Information Account Number County City Indust. Type Liability Date LICENSE EXPIRES AT MIDNIGHT 35-05569-0000 03 090 722410 B 051905 MAY 18, 2009 Type Name and Description of License Fee 2011 TAVERN LIQUOR LICENSE - $ 75.00 MALT, VINOUS, AND SPIRITUOUS 2190 COUNTY 85 PERCENT OAP FEE $ 425.00 TOAALFEE(S)I $ 500.00 This license is issued subject to the laws of the State of Colorado and especially under the provision of Title 12,Articles 46 or 47, CRS 1973, as amended.This license is nontransferable and shall be conspicuously posted in the place above described.This license is only valid through the expiration date shown above. Questions concerning this license should be addressed to the Department of Revenue, Liquor Enforcement Division, 1375 Sherman Street,Denver,CO 80261. In testimony whereof, I have hereunto set my hand. 6,X90.24,La— JUL 1 0 2008 Division Director Executive Director L 44 v 5 T Ln y t b ' C r O a -co U U_ Q co I~ E o co h a oN b v.. '�-' V M.,C.i q a v C U rr m -o ° a, .� U v ti o +-� .u. C'''� O 1� c U ""N��• O rl t j 'O •p W W‘J .a it p.7 ro E o O F N > O w c o o 6 v dC '1 ° r F \ U p c W C O _ c = uY > Q v 4-I ., O a 0 CO Q ' ` ' N Hi t z Uri w co O p O' I:4 V a s+ C ` Co p o p 3 •� ro o ° o O c 6 ro o g. ci . v v ru O G Si 'd •rl o 'O a N 3 N O t L GO o CO D x ro I N E ° SS '�' T s _ v O7.3 E-i co P u a; Ha;N = 3 co d f ] w ol _ S+ O u v u to �' W ° v H N a C N T `v F7 c d 0 c\ 04 i Y o 1:40 1111 v .. 0n-? l-I ° .G4 au m 1d Wo' uoLn ma4. m3 mEva C ° P �yi q Li e d °Z G -Ex ,x No >w , E E M T .u, r, — V �F A ., ° O u ° pa x Y p s H G ° E g o, ` o 0 W H Y Q a o h p _ -~ ° L G v H C W H u 5 " w o s .J O O ti (/D i1I Cl) ., x u Z ',I��' a o G � o c W o W y 'HC m oaR9 lC.) cl 0.4 1 k w n,a c 2 0 b 4 u m lW�y.�, .o ICI 61 V0.1 ~ b H L 01 41 L G N el pW 1 ii cf2 E•rr �1 `.,'I W id !! .Ouj1INii eCroi'$ E > N a `� , a o �j o W s W G ° W cd w ro F ry tRU 0o o 0F" olz-1 7 v 0 0 o L • ed U U •3 O r_ r F la O C Nre , re; L j Q _/ O .a - DR 8404(05117/07)Page 1 -�NI.PAI n 1 DEPARTMENT USE ONLY COLORADO DEPARTMENT Of REVENUE (� LIQUOR ENFORCEMENT DIVISION DENVER CO 80261 COLORADO LIQUOR RETAIL LICENSE APPLICATION ❑ NEW LICENSE ❑ TRANSFER OF OWNERSHIP is LICENSE RENEWAL • ALL ANSWERS MUST BE PRINTED IN BLACK INK OR TYPEWRITTEN • APPLICANT MUST CHECK THE APPROPRIATE BOX(ES) • LOCAL LICENSE FEE $ • APPLICANT SHOULD OBTAIN A COPY OF THE COLORADO LIQUOR AND BEER CODE(Call 301370-2185) 1. Applicant is applying as a ❑ Individual ❑ Corporation .�t Limited Liability Company WI Partnership(includes Limited Liability and Husband and Wife Partnerships) ❑ Association or Other 2. Applant If an LLC,name o1 LLC;if partnership,at least 2 partner's names;if corporation,name of corporation Fein Number netA �f1 �c. 2a.Trapda��Name�of Eslabi hment(DBA) State Sales Tax No. Business Telephone Y tn 9v asp 55—dfG9eo0 350—(a 2(Al- 3. Address 01 remises(specify a act location of premises) 33131 u ti 8S City County St ZIP re Lk&C z w��� �o p t,6 4. Mailing Address (Number and Street) City r Town Slat ZIP �xin 1 �--2—O ( I-H, AL1c.SL; (i-2f t 1 c— rim 6iO (p 3 I 5. If the premises currently have a liquor or beer license,you MUST answer thtyollowing questions! Present Trade Name of Establishment(DBA) Present State License No. Present Class of License Present Expiration Date LIAR SECTION A NONREFUNDABLE APPLICATION FEES LIAR SECTION B(CONT.) LIQUOR LICENSE FEES 2300 0 Application Fee for New License $1,025.00 1985❑Resort Complex License(City) $500.00 2302 ❑ Application Fee for New License- 1986❑Resort Complex License(County) $500.00 w/Concurrent Review $1,125 00 1988❑Add Related Facility to Resort Complex...$ 75.00 X Total 2310 0 Application Fee for Transfer $1,025.00 1990❑Club License(City) $308.75 2312 0 Application Fee for Transfer- 1991 0 Club License(County) $308.75 w/Concurrenl Review $1,125.00 20100 Tavern License(City) $500.00 LAB SECTION B LIQUOR LICENSE FEES 2011 0 Tavern License(County) $500.00 1905 0 Retail Gaming Tavern License(City) $500.00 20120 Manager Registration-Tavern $ 75.00 1906 0 Retail Gaming Tavern License(County)___._..............$500.00 20200 Ads License(City) $308.75 1940 L] Retail Liquor Store License(City) $227.50 2021❑Arts License(County) $308.75 1941 0 Retail Liquor Store License(County) $312.50 2030 0 Racetrack License(City) $500.00 1950 0 Liquor Licensed Drugstore(City) $227.50 2031 0 Racetrack License(County) $500.00 1951 0 Liquor Licensed Orugstore(County) $312.50 20400Optional Premises License(City) $500.00 1960 0 Beer and Wine License(City) $351.25 2041❑Optional Premises LiCense(County) $500.00 1961 0 Beer and Wine License(County) $436.25 20450 Vintners Restaurant License(City)....,..,...$750.00 1970 0 Hotel and Restaurant License(City) $500.00 20480 Vintners Restaurant License(County) $750.00 1971 0 Hotel and Restaurant License(County) $500.0p 2220 0 Add Optional Premises to H 8 R $100.00 X_Total 1975 0 Brew Pub License(City) $75000 2370❑Master File Location Fee $ 25.00 X Total 1976 0 Brew Pub License(County) $750.00 23750 Master File Background $250.00 X Total 1980 0 Hotel and Restaurant License w/opt premises(City).... $500.00 1981 0 Hotel and Restaurant License w/opt premises(County) $500.00 1983 0 Manager Registration-H&R $ 75.00 DO NOT WRITE IN THIS SPACE-FOR DEPARTMENT OF REVENUE USE ONLY LIABILITY INFORMATION County City Industry Type License Account Number Liability Date License Issued Through (Expiration Date) FROM TO State CI County Mangers Reg -750(999) 2180-100(999) 2190.100(999) -750(999) Cash Fund Maw Llano* cr,Fund Tr..n.•u..... TOTAL 2300-100 2310-100 (999) (999) $ • 2008-1602 DR 8404(05/17/07)Page 2 APPLICATION DOCUMENTS CHECKLIST AND WORKSHEET Instructions:This check list should be utilized to assist applicants with filing all required documents for licensure.All documents must be properly signed and correspond with the name of the applicant exactly.All documents must be typed or legibly printed. Upon final State approval the license will be mailed to the local licensing authority. Application fees are nonrefundable. ITEMS SUBMITTED,PLEASE CHECK ALL APPROPRIATE BOXES COMPLETED OR DOCUMENTS SUBMITTED I. APPLICANT INFORMATION ❑ A. Applicant/Licensee identified. ❑ B. State sales tax license number listed or applied for at time of application. ❑ C. License type or other transaction identified. ❑ D. Return originals to local authority. ❑ E. Additional information may be required by the local licensing authority. II. DIAGRAM OF THE PREMISES ❑ A. No larger than 8 1/2"X 11". ❑ B. Dimensions included(doesn't have to be to scale). Exterior areas should show control(fences,walls.etc.). El C. Separate diagram for each floor(if multiple levels). El D. Kitchen-identified if Hotel and Restaurant. III. PROOF OF PROPERTY POSSESSION ❑ A. Deed in name of the Applicant ONLY(or) ❑ B. Lease in the name of the Applicant ONLY. ❑ C. Lease Assignment in the name of the Applicant(ONLY)with proper consent from the Landlord and acceptance by the Applicant. El D. Other Agreement if not deed or lease. IV. BACKGROUND INFORMATION AND FINANCIAL DOCUMENTS ❑ A. Individual History Record(s)(Form DR 8404-I). ❑ B. Fingerprints taken and submitted to local authority.(State authority for master file applicants.) ❑ C. Purchase agreement,stock transfer agreement,and or authorization to transfer license. El D. List of all notes and loans. V. CORPORATE APPLICANT INFORMATION(If Applicable) ❑ A. Certificate of Incorporation(and/or) ❑ B. Certificate of Good Standing if incorporated more than 2 years ago. ❑ C. Certificate of Authorization if foreign corporation. El D. List of officers,directors and stockholders of parent corporation(designate 1 person as"principal officer"). VI. PARTNERSHIP APPLICANT INFORMATION(It Applicable) El A. Partnership Agreement(general or limited). Not needed if husband and wife. VII. LIMITED LIABILITY COMPANY APPLICANT INFORMATION(II Applicable) ❑ A. Copy of articles of organization(date stamped by Colorado Secretary of State's Office). ❑ B. Copy of operating agreement. El C. Certificate of Authority(if foreign company). VIII. MANAGER REGISTRATION FOR HOTEL AND RESTAURANT,TAVERN LICENSES WHEN INCLUDED WITH THIS APPLICATION ❑ A. $75.00 fee. ❑ B. Individual History Record(DR 8404.1). DR 8404(05111/01)Page d 8. Is the applicant(including any of the partners.if a partnership;members or manager if a limited liability company;or officers,stock- Yes No holders or directors if a corporation)or manager under the age of twenty-one years? ❑ ❑ 7. Has the applicant(including any of the partners,if a partnership;mentors or manager if a Limited liability company;or officers. stockholders or directors if a corporation)or manager ever(in Colorado or any other state); (a) been denied an alcohol beverage license? ❑ ❑ (b) had an alcohol beverage license suspended or revoked? ❑ ❑ (c) had interest in another entity that had an alcohol beverage license suspended or revoked? ❑ ❑ If you answered yes to 7a,b or c,explain In detail on a separate sheet. 8. Has a liquor license application(same license class),that was located within 500 feet of the proposed premises,been denied within the preceding two years?II"yes."explain In detail. ❑ ❑ 9. Are the premises to be licensed within 500 feet of any public or private School that meets compulsory education requirements of Colorado law,or the principal campus of any college,university or seminary? ❑ ❑ 10. Has a liquor or beer license ever been issued to the applicant(including any of the partners,If a partnership;members or manager if a limited liability company;or officers,stockholders or directors if a corporation)?If yes,Identify the name of the business and list any current or former financial interest in said business including any loans to or Irom a licensee. ❑ ❑ 11. Does the Applicant,as listed on line 2 of this application,have legal possession of the premises for at least t year from the date that this license will be issued by virtue of ownership,lease or other arrangement? ❑ Ownership ❑ Lease ❑ Other(Explain in Detail) ❑ ❑ a.If leased,list name of landlord and tenant,and date of expiration,EXACTLY as they appear on the lease: Landlord Tenant Expires Attach a diagram and outline or designate the area to be licensed(including dimensions)which shows the bars,brewery,walls,partitions, entrances,exits and what each room shall be utilized for in this business.This diagram should be no larger than 8 1/2"X 11".(Doesn't have to be to scale) 12. Who,besides the owners listed in this application(including persons,lirms,partnerships,corporations,limited liability companies), will loan or give money,inventory,furniture or equipment to or for use in this business;or who will receive money from this business. Attach a separate sheet if necessary. NAME DATE OF BIRTH FEIN OR SSN INTEREST Attach copies of all notes and security instruments,and any written agreement,or details of any oral agreement,by which any person(including partnerships,corporations,limited liability companies,etc.)will share in the profit or gross proceeds of this establishment,and any agreement relating to the business which is contingent or conditional in any way by volume, profit,sales,giving of advice or consultation. 13, Optional Premises or Hotel and Restaurant Licenses with Optional Premises Yes No Has a local ordinance or resolution authorizing optional premises been adopted? ❑ ❑ Number of separate Optional Premises areas requested. (See License Fee Chart) 14. Liquor Licensed Drug Store applicants,answer the following: (a) Does the applicant for a Liquor Licensed Drug Store have a license issued by the Colorado Board of Yes No Pharmacy?COPY MUST BE ATTACHED. ❑ ❑ 15. Club Liquor License applicants answer the following and attach: (a) Is the applicant organization operated solely for a national,social,fraternal,patriotic,political or athletic purpose and ❑ ❑ not for pecuniary gain? (b) Is the applicant organization a regularly chartered branch,lodge or chapter of a national organization which is ❑ ❑ operated solely for the object of a patriotic or fraternal organization or society,but not for pecuniary gain? (c) How long has the club been incorporated? (d) How long has applicant occupied the premises (Three years required) to be licensed as a club?(Three years required) 18. Brew-Pub License or Vintner Restaurant Applicants answer the following: (a) Has the applicant received or applied for a Federal Permit? ❑ ❑ (Copy of permit or application must be attached) 17a. Name of Manager(for all on-premises applicants) AA it (If this is an Date of Birth application for a Hotel,Restaurant or Tavern License,the manager must also submit an Individual History Record(DR 8404-I). 7,y?. - 53 17b. Does this manager act as the manager of,or have a financial interest in,any other liquor Yes licensed establishment in the State of Colorado? If yes,provide name,type of license and account number. 18. Tax Distraint Information. Does the applicant or any other person listed on this application and including its partners,officers, Yes No directors,stockholders,members(LLC)or managing members(LLC)and any other persons with a 10%or greater tinanclat Interest in the applicant currently have an outstanding lax distraint issued to them by the Colorado Department of Revenue? ❑ ❑ If yes,provide an explanation and include copies of any payment agreements. DR 8404(05n 7107)Page 4 19. If applicant Is a corporation,partnership,association or limited liability company,applicant must fist ALL OFFICERS,DIRECTORS, GENERAL PARTNERS,AND MANAGING MEMBERS.In addition applicant must list any stockholders,partners,or members with OWNER- SHIP OF 10%OR MORE IN THE APPLICANT.ALL PERSONS LISTED BELOW must also attach form DR 8404-I(Individual History record). and submit finger print cards to their local licensing authority. NAME HOME ADDRESS,CITY&STATE DOB POSITION %OWNED' 'If total ownership percentage disclosed here does not total 100%applicant must check this box ❑ Applicant affirms that no individual other than these disclosed herein,owns 10%or more of the applicant Additional Documents to be submitted by type of entity ❑ CORPORATION ❑ Cert.of Incorp. ❑ Cert.of Good Standing(if more than 2 yrs.old) ❑ Cert of Auth.(it a foreign corp.) ❑PARTNERSHIP ❑Partnership Agreement(General or Limited) ❑ Husband and Wife partnership(no written agreement) ❑LIMITED LIABILITY COMPANY ❑Articles of Organization ❑ Cert.of Authority(ii foreign company) ❑ Operating Agrmt. ❑ASSOCIATION OR OTHER Attach copy of agreements creating association or relationship between the parties Registered-Agent(if applicable) Address for Service !'. 1-Tall i- ) IH+xlite , #�i , (iree(ey ,a X31 OATH OF APPLICANT I declare under penalty of perjury in the second degree that this application and all attachments are true,correct,and complete to the best of my know/edge.I also acknowledge that it is my responsibility and the responsibility of my agents and employees to comply with the provisions of the Colorado Liquor or Beer Code which affect my license. Authorized ign /}`7 / ,; Title a[ , Date 141- r5/6 aeD P REPORT ND APPROVAL OF LOCAL LICENSING AUT RITY(CITY/COUNTY) Date application filed with local authority Date of local authority hearing(for new license applicants;cannot be less than 30 days from date of application 12-47-311(1))C.R.S. THE LOCAL LICENSING AUTHORITY HEREBY AFFIRMS: That each person required to file DR 8404-I(Individual History Record)has: Yes No ❑ Been fingerprinted . El ❑ ❑ Been subject to background investigation,Including NCIC/CCIC check for outstanding warrants ❑ That the local authority has conducted,or intends to conduct,an inspection of the proposed premises to ensure that the applicant Is in compliance with,and aware of,liquor code provisions affecting their class of license ❑ ❑ (Check One) El Date of Inspection or Anticipated Date ❑ Upon approval of state licensing authority. The foregoing application has been examined;and the premises,business to be conducted,and character of the applicant are satisfactory. We do report that such license,if granted,will meet he reasonable requirements of the neighborhood and the desires of the adult inhabitants, and will comply with the provisions of Title 12,Arlrjle:46 or 47,C.R.S. THEREFORE,THIS APPLICATION IS APPROVED, Local Licensing Authority for ) \'.•'4•' -- .Telephone Number ❑ TOWN,CITY Weld County, Colorado 4. Lc.,- =" +70-356-4000 X4200 10 COUNTY Signature 6LystkI,, ,c It.I �T[�,,;., C rd of Weld County Date William H er / f 6M%-£C 'm , ners JUN 0 4 2006 Signaturq(attest) � , ,..itl •r' )the Board Date JUN 0 4 7008 By:iI1,.QrlL e Ad Pi ,. . ark to the Board are-/44,7 a MEMORANDUM (actTO: FROM: DAN JOSEPH 11 ' ENVIRONMENTAL HEALTH SERVICE C. SUBJECT: LIQUOR LICENSE INQUIRY COLORADO CC: CINDY SALAZAR; SARA EVANS In response to your request, Environmental Health Services has reviewed the Retail Food Service Establishment file for Bronco Billy's Road House, located at 33131 HWY 851 Lucerne, Colorado. At this time, there are no problems or concerns regarding this establishment. Should you have any questions regarding this matter, please contact me via e-mail at diosephna,co.weld.co.us or by phone at 970-304-6415 extension 2206. Thank you. Dan Joseph Environmental Specialist III -: MEMORANDUM TO: Jenny VanEgdom, Deputy Clerk to the Board May 21, 2008 Ilia FROM: Ann Siron, Planning Department COLORA SUBJECT: LC0016 Review of the following Liquor License renewal by the Department of Planning Services shows the following: 35-05569-0000 Bayou House, LLC dba Doug Kershaw's Bayou House 33165 Highway 85 Lucerne, Colorado Zone District: C-3(Commercial) This use is allowed through the Zone District and the building existed prior to the requirement of the Site Plan Review permitting process. Please be advised that no open violations were noted. LIQUOR/BEER RENEWAL REVIEW FORM Date: June 2, 2008 TO: {DEPUTY} FROM: CTB SUBJECT: Liquor License Check In accordance with the new procedure for Liquor and/or beer license checks, please review all records on the following establishment for any associated reports during the last year and return your report to the Weld County Clerk to the Board's Office within two weeks. Your report will be used by the Board of County Commissioners in considering renewal of the liquor and/or beer license. PLEASE RESPOND NO LATER THAN: MAY 15, 2008 ESTABLISHMENT: BAYOU HOUSE, LLC FORMERLY DBA DOUG KERSHAW'S BAYOU HOUSE NOW DBA BRONCO BILLY'S ROAD HOUSE 33165 HIGHWAY 85 LUCERNE, COLORADO Current license expires: MAY 18, 2008 ******.....******************......*****.**************************************************************Y No concerns ZM .� '— Deputy's Initials The Sheriffs Office had a concern and the deputy has mutually worked with the licensee to correct the concern. (Complete Attached Worksheet) Unresolved concerns exist requiring a Probable Cause Hearing scheduled by the Board of County Commissioners. (Complete Attached Worksheet) Please notify at Extension of the date and time of the Board of Commissioner's renewal hearing. Incident Report 08-2307 ORIG n1 Na WELD COUNTY SHERIFF'S OFFICE CITED 1: WRIGHT,NATHANIEL R Involvement InN No Type Name MNI Race 'Sea CITED 1 '! Individual WRIGHT,NATHANIEL R __ 1111042 WHITE MALE Date of Binh I Age •Ethnicity Juvenile? Heppt _ Wept Hair Color _-- I Eye Color Res Status 01/08/1988 20 IUNENOWN I No 6'02" 165# BLONDE/STRAWBERRY GREEN RESIDENT OFN INVL I RMS Transfer 1 I Type Address I City I State HOME 1026 14TH ST 'LGREELEY !COLORADO I ZIP OrMe 80631 Type ID No 'OLS OPERATOR LICENSE 031890680 COLORADO Phone Type 'Phone No HOME , (970)689-5770 Involvement I Anest Type 'Arrest Date I Arrest Time Book Dale Book Time I Status CITED (SUMMONS/CITED (NIBRS) ' 05/15/2008 .[20:00:00 .05/15/2008 20:00:00 CITED I Artest Location �---��- � -- - - 'City Rep Dist ' 33131 HY 85 '''LUCERNE IA06Q/ / -_-- Citation No i Beet Armed Melt . 'WC313600 IW1 UNARMED COUNT ARRESTEE NCIC Offense I Arrest LIQUOR/POSS (UNIFORM OFF CODE)c !LIQUOR LIQUOR LAW VIOLATIONS __--'Charge - Level Chargeiferd - '' 16131222A . P 18.13.122.2.A ILLEGA Narrative THIS REPORT WAS GENERATED BY RECORDS AS A PAPER REPORT ONLY. PLEASE REFER TO THE REPORT SUPPLEMENT TAB FOR A LIST OF THE MISCELLANEOUS DOCUMENTS THAT WERE PROCESSED AS PART OF THIS REPORT. Report ORlcer Printed At I IWC0551/FEIT,RICB LEE 06/02/2008 14:19 Page 2 of 2 �I Incident Report 08-2307 ORIG N"° WELD COUNTY SHERIFF'S OFFICE Reported Date 1950 0 ST 05/15/2008 Nature of Call GREELEY, COLORADO LIQ office FEIT,RICK LEE (970) 356-4000 (970) Administrative Information !Agency !Report No Supplement No Reported Date Reported Time !WELD COUNTY SHERIFF'S OFFICE ORIG 05/15/2008 19:46 CAD Cell Na �Slatus.__... _ _ _ GAD - -- --- -�'HaWre of Cell .080122278 ,REPORT TO FOLLOW *LIQUOR VIOLATION Location _. ... -City _ r21P coati '33131 HY 85 _ ' LUCERNE 80646 I--- ..._ . ._._ I Rep Dial Area Beat From Dale From Time -[Officer [AO6Q/ / 1 W1 05/15/2008 , 19:46 IWC0551/FEIT,RICK LEE Assignment .. .___—_ __._.. _. .Entered ey Assignment ._—. __.. I RMS Transfer [PivpeM' —. _ SHERIFF'S OFFICE_TRAFFIC UNIT GP8015 'RECORDS SECTION ;Successful None - — ...__._. _.. _L Approving Office 1 Approval Dame .Approval Time GP8015 05/19/2008 '20:39:05 • I CASE STATUS - ALCOHOL? _.- .. _._— ._.__....—.. _. :CTPLPPD W/SUMMONS ,YES SUMMONS-STATE . x Person Summary Inn In1 No Type Nerve MNI Race !See Dialog(Birth CIT ! 1 I I WRIGHT,NATHANIEL R 1111042 IW LM 01/08/1988 Report Officer - - - Printed At - -- 04C0551/FEIT,RICK LEE 06/02/2008 14:19 Page 1 0£ 2 . INCIDENT HISTORY DETAIL: W080122278 INITIATE: 19:44 : 10 05/15/08 CALL NUMBER: W2278 ENTRY: 19:46 : 17 CURRENT STATUS: CLOSED DISPATCH: 19:47 :38 PRIMARY UNIT: W551 ONSCENE: 19:50 :42 CASE NUMBER: WC0800002307 and more CLOSE: 20:30 :48 DISPOSITION: T FIRE CALL: 080009039 LOCATION: 33131 HY 85 ,WEL (BAYOU HOUSE) LOCATION COMMENTS: DAREA: WCN BEAT: WC1 TYPE: BOLO BOLO MESSAGE RD: 4328 PRIORITY: 5 (IN-PROGRESS) PRIORS 19:46 :17 DS10 ENTRY TEXT:DK MALE PARTY GETTING READY TO LEAVE THIS LOCATION, HE' S TRYING TO FIND HIS KEYS TO A WHITE LANDROVER RP CAN'T SEE THE LIC PLATE, RP' S GOING TO WATCH THE MALE AND SEE IF HE LEAVES \COMP:ROB ABBOTT PH:970-405-4641 19 :46 : 17 DS10 PRIOR WP BAR 04/17/08 @ 20 :43 :26 (19 MORE) 19:46 :40 DS10 MISC .122278, VEHICLE IS PARKED IN THE P LOT S OF THE BAYOU HOUSE 19:46 :49 DS10 MISC .122278, CAN BARELY STAND AND HAS TO LEAN ON VEHICLES 19:47 :38 DS07 DISPATCH W551 19:47 :38 DS07 ID W551 <WC0551>FEIT,RICK 19:47:54 DSOS BACKUP W551 EL636 19:47: 54 DSOS ID EL636 <EL0636>STURCH,KEVIN 19:49:17 FPJG ENROUTE W551 19:50 :42 GKFB ONSCENE EL636 19:50 :48 FPJG ONSCENE W551 19:51:16 DS07 MISC W551, NEED MEDICAL ROUTINE MALE LAYING OUT IN THE PARKING LOT 19:51:27 DS07 RQASSIST W551 WF 080009039 DS10 GP9016, NEED MEDICAL ROUTINE FOR DK MALE LAYING IN THE PARKING LOT 19 :51:27 DS07 CROSSREF WF/080009039 19 :51:37 DS07 BACKUP W551 W794 19 :51: 37 DS07 ID W794 <WC0794>CHAMBERS,DENNIS 19: 52 :25 DS07 MISC W551, CANCEL MEDICAL PARTY GOING TO DETOX 19: 52 :38 NHCE INSRVICE W794 19: 56 :15 DS06 MISC W551, CCIC QV NAM/WRIGHT,NATHANIEL.DOB/010888 19:56:29 DS06 MISC W551, GRT DS06 DR.CODMV0000 .CO0620200 .TXT ATTN: CAR W551 QUERY ON:NAM/WRIGHT,NATHANIEL DOB/19880108 *** CCIC INFO MAY BE USED FOR CRIMINAL JUSTICE PURPOSES ONLY *** *** ONLY COLORADO DMV FILES WERE SEARCHED - COLORADO PIN = OLN *** *** CONFIRM WITH COOLN0000 BEFORE TAKING ENFORCEMENT ACTION *** STATE OF COLORADO COLORADO DRIVER RECORD NATHANIEL RAY WRIGHT DATE: 05/15/2008 1026 14TH ST TIME: 19:56 :20 GREELEY CO 80631 ALIAS: COLORADO PIN: 03-189-0680 SSN: 521-69-8140 CDL CLASS: LICENSE NUMBER: 031890680 LICENSE TYPE: MINOR LICENSE HEIGHT: 6 02 WEIGHT: 165 ISSUE DATE: 20040401 HAIR: BLOND EYES: GREEN EXPIRATION: 20090128 DONOR: N SEX: MALE BIRTH DATE: 19880108 ENDORSEMENTS: NONE RESTRICTIONS: PREVIOUS STATE AND LICENSE: REGULAR LICENSE STATUS: REVOKE 2 INCIDENT HISTORY DETAIL: W080122278 ALCOHOL - VIO DATE COMMERCIAL LICENSE STATUS: REVOKE 2 ALCOHOL - VIO DATE [05/15/08195629001] 19:57 :17 DS06 MISC W551, CCIC QV NAM/GRAHAM,RENE.DOB/073186 .SEX/F.OLS/TX- .CAR/W551 19:57 :30 DS06 MISC W551, GRT DS06 DR.CODMV0000 .CO0620200.TXT ATTN: CAR W551 NO RECORD FOUND NAM/GRAHAM,RENE DOB/19860731 [05/- 15/08195730001] 19:57 :36 DS06 MISC W551, GRT 00000DR.TXDPS0000 18:52 05/15/2008 16865 18 :52 05/15/2008 27894 OO0620200 *GRT 2W551 TXT NOT ON FILE NAM/GRAHAM,RENE.DOB/19860731.SEX/F[05/15/0819573- 6001] 19:58:27 DS06 MISC W551, OLN/22832134 .OLS/TX.CAR/W551 19:58:35 DS06 MISC W551, GRT 00000DR.TXDPS0000 18 :54 05/15/2008 16915 18 :54 05/15/2008 27902 OO0620200 *GRT 2W551 TXT GRAHAM, SUMMER RENEE 3833 CALCULUS DR, DALLAS,TX 75244-0000 RAC/W. SEX/F. DOB/19860731. HGT/503 . WGT/100 . HAIR/BRO. EYE/BRO. OLN/22832134 . OLT/CLASS C EXP/073111 RSTR:NONE ENDR:NONE STATUS: CLEAR 4 [05/15/08195835001] 19 :58:46 DS06 ONSCENOK EL636 19 :58 :46 DS06 ONSCENOK W551 20 :16 : 03 DS07 CASE W551 WC0800002307 Assigned 20:20:28 DS05 CASE EL636 EL0800001256 Assigned OVR 20:20 :42 DSOS CLEAR EL636 S 20:21:29 DS07 CHGLOC W551 1026 14TH ST ,GRE, 1 A AND 1 J M BM/41485 20:29:20 DS07 ONSCENE W551 20:29:29 DS07 MISC W551, EM/490 20:30:48 FPJG CLEAR W551 T 20 :30:48 FPJG CLOSE W551 T OPERATOR ASSIGNMENTS: DS10 GP9016 JOHNSON, SANDRA DS07 GP9002 GIES,RONALD DSOS GP9031 NINNEMAN, KASEY FPJG WC0551 FEIT,RICK GKFB EL0636 STURCH,KJ;VIN NHCE WC0794 CHAMBERS,DENNIS DS06 GP9045 OLIVAS,APRIL • • • INFORM SUMMONS&COMPLAINT OR PENALTY ASSESSMENT RDAD MILE ulco4t9 WC 313 8 0 0 NE PEOPLE OF THE STATE OF COLORADO VS:Ism CODE POST ACE CA 1:172;641r— +"}�Isa) (Fbl) DAddel Dw SBIM Me Dray Yr AM 'cam Mallon Mo. Day 'A. i/72;6 1r- /YA7N9n/IEL Ie a/of�8/[�f a '^T1°"`n`wl of/cog _ .e�i a •IbAsu A GI MM rot NNMS nD1�TR W APPm.h^.el Oa AM 3 /a Me ,r sr 4,eet,c/ Go 30 Anne Mew NMae,MM Race Sc N.5N IIVy�.IpR Hob Eye Np.v nlaphon Cowry NO p3 /89 abro O u/ 02q 4.4' C B/D 9e9 a(f't 571 b�/fia.0 O nployr Nn. Employs Mono Oooasba Bohm Telepone Trait ACVOrl nudes Irrtid Q 1 Ina Na I lna WIN .3 MINI Me m Hunts.N Type Rase wick War My, Type a ea SAM ADMAN*locannL�Ip Malalac SMN of Cobra* ....DM:.0,...an) (VIN ( )On 7$/J/ .1/tay PS au( 41101.141101.1I IN Waocoon ono( -,'.Lme/E, L.(6• OU ARE SUMMONEDAND ORDERED TOAPPEAR R.Iyw.d Corm(Nam and Aetna) * O ANSWER CHARGES AS STATED BELOW IN. I I Sans a aaol.:a M .2 WELD COUNTY COURT AT:l/S/6, - Sr. IN: 4 az. E j COLORADO ...)i.l,I I .�1'AT1 A/°L0i .a L_lu (1)Code BBL Omar Op.kld UldncmadNolo(Whole -0 'Y 0 e e2.le Mien1CON ocRS 42.4-1101 Cade 0 CRS 43+1 Owe aNanuHMyba1 inure. MPN in _zme. 0 CRS 434-1409(3)Coda fA Paren iedto Pulstese, HM4rundl otorMu Vehicle I pawl )Flon Sec 0Feiter gyp— O CRS 42+1 I Cho* Call IST Fetid 10 Panenl MMMond4 FONTS 4SG —. NS Fka. 328un:1arya DPolnb i Pm$ 9acMap_PeYIM CM*Daly ells box-Wan SUMMCNSand OFONTS I SECTIW / - CODE HI NS.. I2WCNAROf I P011MR 1cAS /Y f3-/EZ (:2) Z /tier/ Ol.,5.4. 0-7.-.) e.,-..yi //7 I'J/'M,M'5 We m s -I- i r([ a ee1..! AA/ diV040.0.A Ai -S44 •/fr. r SEC WOE IRNE $UACINNGE POINTS T 3 CRS L 3 Mc CUSTODWL ENDER COL CMCL YEN REO (YY usoora RAcwDED Lla0u TOTAL TO BE PAID BYMAILS . ( I ARREST I 1 IIRINA°l 1 I I COL INVOLVED I ) 1W2 MAT( 1 TOTAL" -51$71411,314,, __._ SUMMONS TRAFFIC INF ION( OFF SE( 1 PENALTY ASSESSMENT TRAPRC INFRACTION( ) OFFFEENSSE( ) `MAIEO( ) C Woad adiNN.91VaL I ID c W Moan M eaaN,.to Pr Hose reieM.AMN—TWA Most I.MI..My-Ba.earerswaw..aa 8 ins and play. .IMaaW mal no p.m. M a..anas toy dMYy4nM Ill Pa see erne.b.Peelrr+/�f M mal.IEEFNDANT o DEFEND AM / / , 40TICE:SE N T REVERSES NOTPCE:SEE NSTRUC ON PEEVE E SIX ( PNE UNDERSIGNED PROBABLE CAUSE BEL T THE DEFENDANT DOIMAILTEO TIE OFF E(S)AGAINST THE PEACE MID DIGNITY OF THE PEOPLE OF DIE STATE )F COLORADO AND AFFIRMS THAT A COPY OF TIISSU S a COMPLAINTOR PENAL SE WAS ERVEO UPON THE OEFENVWIT )(STRICT TROOP PATROL DATE MO. DAY VR FIG PRINT LAST NAME ((--•• (3 5 ISSUED a5--/ 08/ OFFICER 1 ,__NO. _,.5Sr/ :SP4(REV SOH \ G&08 - /3 9 • • • • • • \ • 4 | \ / � F : ! . fir) ] Iii \_ ! E I 10 ! % { Phi . § I I § /| § ` � . / ! ! "- § /O | !/ \ it Ra� fi t cow t � . • 68 ( ! ! . /| 6 i ° o c ) ) \ + � � / /- - o \ � ! » d 5 Q!2 \ .\\ , ) CO \ \ . , \:am R° /) \ a ) 2 \ \ 2 o. � �_o ! // � /\\/\\ \ � � \ // ® � � F • i * g# ` \ ( � ( 0DU�L $ :m: \ | ! \ \ /\ \ \ . � ! �� `es - \ ! f% § ■ ® \\ 4 r d \/I \ )\| / \ § J,! § . • 3&G. =%f >{ `; u . 2«2Q ; ,i. C . \ % CG � E ' — Incident Report 07-1111 Supple '"° WELD COUNTY SHERIFF'S OFFICE Reported Date 1950 O ST 03/07/2007 Nature of Call GREELEY, COLORADO FRAUD Off GREATHEART,LANDON GROS (970) 356-4000 (970) Administrative Information Agency ReportNo 'upplement No Reported Date ReportedTlme WELD COUNTY SHERIFF'S OFFICE 107-1111_ _ ORIG 03/07/2007 113:53 L.CAD Call No Status Nature of Call 070053199 '.REPORT TO FOLLOW *FRAUD OFFENSES Location M I ZIP Code 33131 HY 85 I CWELD COUNTY 80631 -- - -.. Rep Ont Area Beal !From Date From Time Officer A06Q/ / 1 01 : 03/07/2007 113:53 WC0569/GREATHEART,LANDON GROSS _ 1—__.. ......_.__. .__ �Aeepnmem - !2nd Officer SHERIFF—PATROL DEPUTY 1 CLPT.FTON,RANDALL R Assignment _ -- Entered nr .Msignment 'SHERIFF'S OFFICE BLUE SQUAD DAY SHIFT LWC0569 SHERIFF—PATROL DEPUTY .RMS Trenafer !Properly? Approving OMcer - Approval Ogle Approval Time 'Successful :None WC0045 03/13/2007 1116:59:55 CASE STATUS BACKUP OFFICER ON SCENE I MISC DOCUMENT DESCRIPTION CLOSED VFTP 'WC045, reeT,ETON !WRITTEN STATEMENT BATH I I MISC DOCUMENT DESCRIPTION(CONTINUED) - MISC DOCUMENT DESCRIPTION(CONTINUED) WRITTEN STATEMENT GERVELL WRITTEN STATEMENT HEGEMEISTER MISC DOCUMENT DESCRIPTION(CONTINUED) I IWRITTEN STATEMENT HENDERSON [VJfi1TTEN STATEMENT IX II Offenses rOXenae - Deavlptlpn I Complalnl Type 1 AC -Use 7Bim Lac 1 FRAUD _ *FRAUD OFFENSES 1_— _— A N 88 ' 03 YPr 'MOE Act Weepon,Face IBRS I No NCIC Offense 26A11 1 2602 Person Summary Inv( Ina No Type 'Name MNI Race Sex .Dale d&rN SUS_ 1 I __ I BATH,STEVEN M 11182562 W M _ 105/15/1965 Invi InwNo Type -Name MNI .Race Sex I Dale of Binh SUS i2 I 1GERVELL,MARY M : 11825634W F 05/29/1951 ' Inv - Inv!No Type !Name -- --- - - ---- - MNI I Rue Sex I Date of Birth -- VIC 1 'B BAYOU HOUSE 1182558 _ InN InW No j Type Name MNI Race Sex Date of Birth WIT - 1 II HEGEMEISTER,DEAN W 125483 W ',M 06/03/1957 Intl InM No ;Type Name MNI Rue i Sex Date of Birth TWIT ,2 II HENDERSON,AMY . 1182561 W F 106/12/1985 Summary Narrative A MARRIED COUPLE CAME INTO THE BAYOU HOUSE FO' SOME LUNCH,AND WHEN THEY DECIDED THAT THEY DIDN'T LIKE THERE FOOD.THEY GOT UP AND TRIED TO LEAVE WITHOUT PAYING THEIR BILL OF$19.01. I geportORcer _—. ..._ 'Printed At WC0569/GREATHEART,LANDON GROSS ', 06/02/2008 14:19 Page 1 of 4 Incident Report 07-1111 Supplement RIG°'"° WELD COUNTY SHERIFF'S OFFICE SUSPECT 1: BATH,STEVEN M Involvement Ind No Type Name 'MNI I Race Sex SUSPECT 1 ! Individual IBATH,STEVEN M '. 1182562 (WHITE ;MALE Date of Bart . I Aga Elllnidly - — I Juvenile; Height _1 Woiyhi Hair Color ---;Eye Lolw Rea Slaws '05/15/1965 !41 'NOT or HISPANIC ORIGIN ; No 6'02" 175# BROWN BROWN ,RESIDENT _.. ....._ _—_. OFN INVC_RMS Transfer - I1 • :Type Address City I Slate HOME 2101 WYNKOOP DR COLORADO SPRINGS !COLORADO ZIP Code 80909 Type 'ID No OLS ',OPERATOR LICENSE 92-015-0973 COLORADO 1 Type —___ —._....O No ; SOCIAL SECURITY NUMBER 263-77-6612 SUSPECT 2: GERVELL,MARY M Involvement Teel No ;Type Name MNI Rem !SUSPECT 12 Individual GERVELL,MARY M L1182563 WHITE I I Date of Birth I Age EIM1w;ry -- _ -- -',Juvenile;:Height Weigh( I Hair Color Eye Color I FEMiLE . 05/29/1951 I55 'NOT OF HISPANIC ORIGIN No 15'01" 150# !BROWN (BROWN _ Res Slaws �-OFN_INVC RMS Transfer - -- - - - - - - -- ' 1 RESIDENT 12 I Type Address ;City State ,HOME 12101 WYNROOP DR ;COLORADO SPRINGS 'COLORADO ZIP Code , 80909 Type i ID No I OLS OPERATOR LICENSE 192-081-3974 !COLORADO Type ID No SOCIAL SECURITY NUMBER 524-78-1811 VICTIM (PART A OFFENSE) 1 : BAYOU HOUSE Involvemenl Del No Type Name ;VICTIM (PART A OFFENSE) 1 Business BAYOU HOUSE I MNI -_.__RM$Tramler 11182558 Type Address !City WORK/BUSINESS 33131 HY 85 !LUCERNE 'Stale 'COLORADO Phone Type phone No I BUSINESS (970)356-6262 IBRS Info Victim Inv(No Offense Codes 1 .26A • WITNESS 1: HEGEMEISTER,DEAN W i Involvement Ind No Type 'Name MNI Ra Sex (WITNESS 1 'Individual I ce HEGEMEISTER,DEAN W 125483 WHITE [MALE / --. . Age Elhnidy .- ...- - Juveniiei 1 Height__ I Weight - Hair COUP 06/03 1957 Iii 1 NOT OF HISPANIC ORIGIN _j_ No ' 6'03" x' 230# '.BLONDE/STRAWBERRY Eye Color (Rea Slaws RMS Transfer -- - - -- - -- '- • • — 'BROWN !,RESIDENT i • Type I Address City ,State HOME ! 34250 CR61 GILL ;COLORADO .ZIPCode _._._. _. 180624 Type ID No I OLS I !OPERATOR LICENSE 95-037-2991 1COLORADO _ I Typo ___ ---__._ ____.._..ID No ___..__.. _.._�..... 'SOCIAL SECURITY NUMBER 524-90-8364 Phone Type Phone No 'BUSINESS (970)356-6262 Repwi Oiraer _. __.—... ___.. - Niger!At __ WC0569/GREATHEART,LANDON GROSS 06/02/2008 14:19 Page 2_ of 4 SopplementIncident Report 07-1111 No ORIG WELD COUNTY SHERIFF'S OFFICE WITNESS 2: HENDERSON,AMY Involvement inA No Type !Nam a PAN? Race ;WITNES l£ENTICES 06/12/ - Age - RSON,AMY f1182.561 WHITE Dal of&dll id EthnicityI - Juvenile? Height 118 Hair ColW EECalor Sex 1985 21 NOT OF HISPANIC ORIGIN No 5''06" !; 150# 'BROWN HAZEL L__ i Rea Status RMS Trensler !RESIDENT Type ,Address City State HONE '2136 30TH ST GREELEY (COLORADO ZIP Code _._._. 80631 Type ID NoI OLS OPERATOR LICENSE ' 00-286-0612 'COLORADO Type ID No 'SOCIAL SECURITY NUMBER ' 524-63-8941 Ppone Type Phone No . HOME (970) 648-3141 Narrative PARAPHRASED STATEMENTS: PARAPHRASE STATEMENT FROM DEAN HEGEMEISTER:AMY CAME UP TO ME AND TOLD ME THAT THERE ARE SOME PEOPLE THAT WERE UNHAPPY WITH THEIR FOOD. I TOLD HER I WOULD BE RIGHT OUT. I WAS ON THE PHONE AND HUNG UP IMMEDIATELY I TURN TO GO TO THE DINING ROOM AND AMY RUSHED BACK AND TOLD ME THE COUPLE WAS DASHING. I WENT OUT THE OFFICE DOOR AND SAW THE COUPLE GOING TO THEIR TWO CARS. I WALKED TOWARDS THEM BEFORE THEY GOT IN THE CAR'S I SAID"YOU WANTED TO TALK TO MET I WAS ABOUT 40 FEET AWAY AND CLOSING STEVEN SAID IT WAS TOO LATE. I TOLD HIM IF HE LEFT WITHOUT PAYING I WOULD TAKE HIS LICENSE NUMBER AND CALL THE SHERIFF'S DEPARTMENT. HE WENT NUTS AND GOT RIGHT IN MY FACE. HE WAS VERY CLOSE SO I TOLD HIM TO CHILL AND BACK OFF. I TOLD HIM TWICE. HE THEN GRABBED MY SHIRT WITH ONE HAND CAUSING MY SHIRT TO UNBUTTON AT THE TOP. I THEN PUSHED HIM AWAY USING BOTH HANDS ON HIS SHOULDERS. HE SAID NOW I'VE GOT YOU,HE TRIED TO KILL ME. I WAS GOING TO CALL THE SHERIFF'S OFFICE BUT HE HAD ALL READY PULLED OUT HIS PHONE AND CALLED. THE BILL THAT HE OWES IS$19.01. IF HE PAYS THE BILL I WONT PRESS CHARGES. PARAPHRASE STATEMENT FROM AMY HENDERSON:THE COUPLE COMPLAINED ABOUT THEIR FOOD. I DID ALL I COULD DO AND HE WANTED TO TALK TO THE MANAGER. I WENT TO GET MY MANAGER AND ON MY WAY BACK A COUPLE WAS SEEN WALKING OUT. I TURNED AROUND AND TOLD MY MANAGER AND WE BOTH LEFT THE SIDE OFFICE DOOR. ON MY WAY OUT I WAS ASKED TO A GRAB PAPER AND A PEN. I RAN OUTSIDE AND MY MANAGER AND A MAN WERE FACING EACH OTHER. THE MAN GOT CLOSER AND CLOSER TO MY MANAGER,AND HE ASKED HIM TO BACK UP AND THE GUY JUST STARTED YELLING. THE GUY THEN WENT TO HIS DOOR, MY MANAGER SAID IF YOU LEAVE I'LL CALL THE SHERIFF'S DEPARTMENT. I WROTE DOWN THE LICENSE PLATE NUMBERS.I THEN SAW THE MAN GRABBED MY MANAGER AND MY MANAGER SHOVED HIM THE WAY. THEY THEN CALLED THE COPS AT THE SAME TIME I RAN IN TO CALL ALSO. PARAPHRASE STATEMENT FROM STEPHEN BATH: I TOOK MY WIFE TO LUNCH AT THE BAYOU HOUSE. WE ORDERED OUR FOOD AFTER ASKING A WAITRESS ABOUT THE DISHES THEY HAD ON THE MENU. I HAD SHRIMP CREOLE AND RED BEANS AND RICE. MY WIFE WAS ALSO UPSET WITH THE WAY HER FOOD CAME OUT.AFTER TASTING OUR FOOD, I LET THE WAITRESS KNOW THAT WE WERE DISSATISFIED. I ASKED TO SEE THE MANAGER AND AFTER WAITING 10 MINUTES I DECIDED TO LEAVE. I WALKED SLOWLY TO MY CAR HOPING SOMEONE WOULD COME OUT AND SPEAK WITH ME, BUT NO ONE DID. WHEN I GOT MY CAR THE MANAGER RAN UP TO ME AND GOT IN MY FACE. HE SAID WE BETTER PAY OR ELSE HE WOULD CALL THE SHERIFF'S DEPARTMENT. HE ANGRILY THREATENED ME TELLING ME TO GET OUT OF HIS FACE WHILE CAGING ME NEXT TO MY CAR. I STOOD TOE TO TOE WITH HIM AND HE GRABBED MY HEAD AND NECK WITH BOTH HANDS. HIS HANDS WERE ON MY THROAT AND HE PUSHED ME BACKWARDS ACROSS THE PARKING LOT. I WANTED TO DEFEND MYSELF BUT THOUGHT IT WOULD BE BETTER TO CALL 911. PARAPHRASE STATEMENT FROM MARY GERVELL:WHEN OUR FOOD ARRIVED WE TOOK A FEW BITES Report(nicer _- - - '- WC0569/GREATHEART,LANDON GROSS 06/02/2008 14:19 Page 3 of 4 -. - Incident Report 07-1111 ORIG Supplement No WELD COUNTY SHERIFF'S OFFICE Narrative AND WAS VERY DISSATISFIED WITH THE FOOD. MY HUSBAND TOLD THE WAITRESS THAT HE WAS THE SENDING HIS MEAL BACK. I ASKED FOR MY BEANS AND RICE TO ALSO BE TAKEN BACK. THE WAITRESS INFORMED ME SHE WILL NOT TAKE THE SHRIMP CREOLE OFF THE BILL. WE ASKED TO TALK TO THE MANAGER AND WAITED FOR ABOUT 10 MINUTES. WHEN THE MANAGER DID NOT COME WE LEFT. I HAD LESS THAN FOUR BITES. WE WALKED OUT OF THE RESTAURANT AND THE MANAGER CAME RUNNING INTO THE PARKING LOT. I THOUGHT HE WANTED TO RECTIFY THE PROBLEM AND INSTEAD HE STARTED YELLING AT US TO PAY OUR BILL OR HE WOULD CALL THE COPS. HE TOLD THE WAITRESS TO TAKE OUR LICENSE PLATE NUMBER. SUDDENLY HE GRABBED MY HUSBAND'S THROAT WITH BOTH HANDS WITH HIS THUMBS ON MY HUSBAND'S JUGULAR. AND HE PUSHED MY HUSBAND ACROSS A PARKING LOT WHILE YELLING AT HIM. FACTS/OBSERVATIONS: UPON ARRIVING AT THE BAYOU HOUSE I SPOKE WITH THE MANAGER DEAN. HE INFORMED ME OF HIS SIDE OF THE STORY. HE ALSO TOLD ME THAT HE HAS A DEFIBRILLATOR ATTACHED TO HIS CHEST BECAUSE OF SERIOUS HEART PROBLEMS,AND THAT HE IS NOT IN ANY SHAPE TO ATTACK ANYONE. HE SAID HE WAS JUST TRYING TO GET THE MAN AWAY FROM HIM. I WAS ABLE TO FEEL THE DEFIBRILLATOR ON HIS CHEST. HE SAID THAT HE JUST WENT OUTSIDE TO LET THE MAN KNOW THAT HE NEEDED TO PAY HIS BILL,AND IF THE MAN DECIDED TO DRIVE AWAY HE WANTED TO GET HIS LICENSE PLATE NUMBER. HE ALSO INFORMED ME THAT THEY HAD COME IN SEPARATE CARS. I OBSERVED MELISSA EXIT HER HUSBAND'S VEHICLE,AND AS THEY APPROACHED ME I GOT A BRIEF VERSION OF THEIR STORY. I HAD EVERY ONE INVOLVED WRITE A WITNESS STATEMENT. THE OWNER OF THE BAYOU HOUSE STATED THAT HE SAW WHAT HAPPENED AND THAT HIS MANAGER WAS JUST DEFENDING HIMSELF. HE SAID THAT THE MAN HAD PUT HIS HANDS ON HIS MANAGER. HE ALSO STATED THAT HE IS BEHIND HIS MANAGER 100%. I SPOKE WITH DEAN AND ADVISED HIM THAT I COULD CHARGE THE COUPLE WITH DEFRAUDING AN IN KEEPER(12-44-102)WHICH A CLASS 1 MISDEMEANOR,OR THEY COULD JUST PAY THEIR BILL. HE SAID THAT HE JUST WANTED THEM TO PAY THEIR BILL AND NOT RETURN.I EXPLAINED THIS TO THE COUPLE,AND THEY AGREED TO PAY THERE BILL. I WATCHED STEVEN PAY HIS BILL WITH A CREDIT CARD.THE BILL HAD BEEN REDUCED IN PRICE FOR THE SHRIMP CREOLE. I RECOMMEND THIS CASE BE CLOSED DUE TO VICTIM FAILING TO PROSECUTE. Report Officer _ ........_.. ____Fnnlee At WC0569/GREATHEART,LANDON GROSS .06/02/2008 14:19 (Page 4 O£ 4 Hello