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Toxicologist: Drunken
driver drank By Joe Gerrety In order to reach a blood-alcohol content of 0.27 percent at the time of his death, Jeff Trout had to have been intoxicated before he even walked into the Mirage, a toxicology expert testified Wednesday. But Trout, described as a chronic alcoholic who could hold his liquor, didn't appear obviously drunk during his 21/2 hours at the south Lafayette bar, other witnesses testified in the trial of James M. Irwin. Irwin faces misdemeanor charges of criminal recklessness and serving alcohol to an intoxicated person in connection with the fatal traffic crash Trout caused on March 21, 1999. Trout died in the collision on County Road 350 South, and two other people also were killed. Roger Maickel, professor emeritus of pharmacology and toxicology at Purdue University, said he made calculations based on information in toxicology and autopsy reports on Trout. Based on his time of death, 2:43 p.m., Maickel said Trout likely had been drinking before he arrived at the Mirage at 12:03 p.m. that day. A security video reviewed by jurors Wednesday afternoon allegedly shows Irwin serving Trout 10 drinks between 12:03 and 2:28 p.m. Based on the knowledge that Trout, who weighed 220 pounds, had been drinking 70 proof (35 percent alcohol) Captain Morgan's Spiced Rum, Maickel calculated, the drinks would have had to contain 3 ounces of liquor apiece in order for Trout to reach a BAC of 0.27 percent by 2:43 p.m. if he entered the bar sober. If he entered the bar with a BAC of 0.10 percent, the 10 drinks would have had to contain 2 ounces of liquor apiece. Maickel said it would be unusual for a person, even an experienced drinker, with a blood-alcohol content of 0.20 percent or more to conceal his intoxication. According to testimony, the security video shows Irwin tipping the liquor bottle at least twice for each drink he poured for Trout. Chief Deputy Prosecutor John Meyers has said that means Irwin was serving Trout doubles. If properly programmed, an electronic pour spout on the bottle should have dispensed 1 ounce of liquor each time the bottle was tipped. But Irwin's attorney, Tom O'Brien, maintains the pour spout wasn't functioning properly; that it was only dispensing one-third to one-half of an ounce. That's why Irwin was tipping the bottle more than once for each drink, he claimed. Diane Thompson, then-manager of the Mirage, testified Wednesday that the spout on the Captain Morgan's bottle was one of 10 or 15 spouts in the bar that were not operating properly, dispensing less than an ounce with each pour. Irwin has said he took the spout from the Captain Morgan's bottle shortly after the crash and gave it to his attorney. O'Brien later met with excise police, who did test pours and found that it did dispense only one-third to one-half of an ounce at a time. Meyers claimed there's no way of knowing whether the spout tested is the one actually in use the day of the crash. Thompson said she stopped by the bar briefly the afternoon of the crash to check on Irwin, her newest employee. She said she remembered seeing Trout but didn't recall him appearing intoxicated. A Mirage patron, Dave Vanderipe, said Trout was rude and obnoxious but not obviously drunk. "I wouldn't have served him ... because of his behavior," the patron testified. "He was mean, and he just didn't fit into the scene there." The trial is expected to conclude
Friday. If convicted, Irwin could face up to 180 days in jail and a
$1,000 fine for each Class B misdemeanor.
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