Driver in fatal crash drunk: By Joe Gerrety A Lafayette man who caused a crash that killed himself and two other people March 21 had a blood-alcohol content more than 2 1/2 times the legal limit, and police are investigating possible criminal charges against whoever helped him get drunk. Jeffrey A. Pedone Trout, 39, had a blood-alcohol content of 0.27 percent - well above the 0.10 percent maximum for driving in Indiana, according to information released Friday by Tippecanoe County Coroner Martin D. Avolt, adding that Trout also had cocaine metabolites in his blood. The Indiana Excise Police earlier this week issued a notice of violation against the Mirage, a south Lafayette nightclub where Trout had been drinking before his pickup truck crossed the center line on County Road 350 South that Sunday afternoon. The truck and a Toyota Camry driven by Earl E. "Chip" Smith III, 20, of Riverton, Ill., collided. Smith was killed along with his passenger, Sarah B. Towery, 24, of Auburn, Ill. No substances were found in Smith's blood. Excise police Lt. Mike Easterday said he notified Mirage owner Rodger L. Heer on Tuesday that he was being charged with violating terms of his liquor license by serving an intoxicated patron, a civil infraction. Easterday said the notice was based on an investigation and included a videotape Heer voluntarily turned over to the excise police last week. Heer confirmed Friday that he had turned over 24 hours of video recorded March 21 by 16 cameras inside his business at Brady Center on South 18th Street. "We don't normally have anything to hide. We run a clean ship," he said. "I could have recorded over that tape. I could have done anything." He said he didn't review the videotape before turning it over and isn't sure what information police would glean from it. Heer also said he had never met Trout and didn't learn until two days after the fatal crash that he had been in his bar the day of the accident. "Of course I'm concerned about liability. That's why I can't sleep at night," Heer said. "Three people died that I don't even know." Heer said he was not working the afternoon of the crash. He had worked until 7:30 that morning, taking care of business from the previous night, and went home for his regular half-day off. Criminal probe ongoing Lt. Jim DesEnfants of the Lafayette Police Department confirmed Friday that his department is pursuing a criminal investigation targeting the establishment and individuals who served Trout alcohol. Jane Haan, administrative assistant in the coroner's office, said the presence of cocaine metabolites means Trout had ingested cocaine sometime before his death, but how much the drug was affecting his behavior at the time is unknown. Friday's news confirmed speculation that Dan Towery, father of Sarah Towery, has been hearing since shortly after the crash. Towery and his wife, Margie, of Lafayette were in a car directly in front of their daughter. They watched the fatal crash in the rearview mirror. He's angry not only that Trout, who had at least three drunken-driving convictions, still was behind the wheel of a vehicle, but also that he had been allowed to get so drunk before driving. Trout was free on bond and awaiting sentencing after pleading guilty Feb. 8 in his third drunken-driving case in Indiana since 1993. "Just looking at his record, there are people who assisted him being in that state at that time - and actually a fairly long list," Dan Towery said. "I'm hoping that the citizens of Lafayette are outraged by this. This is not an isolated case. There are other people like this out there. "How many other cases like this does it take? How many more for people to say 'This is not acceptable'?" Liquor violation charged Easterday said the notice of liquor violation is an administrative matter that could affect the Mirage's liquor license, possibly resulting in a fine, suspension or revocation. County Prosecutor Jerry Bean said that with Trout dead, it appears any other court action likely will be civil, but he'll consider whatever information Lafayette police provide him. Selling alcohol to an intoxicated person is a class B misdemeanor, carrying a maximum penalty of 180 days in jail and a fine of up to $1,000. "Once they finish the investigation, we'll take a look at it and determine what's going on," Bean said. Heer and his business could be held civilly liable if it's proved in court that the business served alcohol to Trout while he was visibly intoxicated and the intoxication caused another person's death or injury. The crash occurred at 2:45 p.m. - two hours and 45 minutes after the Mirage opened that day - about 13.4 miles from the bar. "Our preliminary investigation reveals that he was at the Mirage immediately prior to the accident," said Michael Langford, an Indianapolis attorney investigating the case for the Smith and Towery families.
DANGEROUS STRETCH: Traffic moves along Tippecanoe County Road 350 South at the intersection with Concord Road on Friday afternoon. High speeds and driver inattention are being blamed for the recent rash of accidents on 350. By Tom Leininger/Journal and Courier Copyright 1999 Lafayette Journal and Courier |
