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...in triple fatality By Azura Domschke The Tippecanoe County Prosecutor's Office has filed charges against a bartender who served alcohol to a man who, while driving home, struck another vehicle, killing himself and two others. James Irwin, 54, Lot 267 of the Woods Edge Mobile Home Village, has been charged with serving alcohol to an intoxicated person, a Class B misdemeanor. According to court documents, Irwin, a bartender at the Mirage tavern, said he had served Jeffrey A. Pedone Trout three drinks on March 21. But video surveillance tape of the bar indicates that Trout had 10 drinks over 2 1/2 hours. An initial hearing date should be set next week. Trout left the bar, at 3215 S. 18th St., and took County Road 350 South, where his pickup truck swerved left of center and hit a car containing driver Earl E. "Chip" Smith III, 20, of Riverton, Ill., and Sarah Towery, 24, of Auburn, Ill. Trout, Smith and Towery died as a result of the crash. Toxicology reports show that Trout had a blood-alcohol content of 0.27 percent at the time of the accident, more than 2 1/2 times Indiana's legal limit of 0.10. Cocaine metabolites were also found in Trout's blood. Trout had been driving with a suspended license since February, after pleading guilty to operating while intoxicated. He had been involved in three such cases in Indiana. The victims' parents are suing the Mirage and Irwin, as well as Trout's estate. Because of the pending litigation, Sarah Towery's parents, Dan and Margie Towery of Lafayette, were unable to comment on the charges but were supportive of the officials involved in the case. "It seems like the authorities are doing what they need to be doing," Dan Towery said. Indiana State Police have cited the bar for serving an intoxicated subject, based on an investigation of video surveillance tapes. Copyright 1999 Lafayette Journal and Courier |
