AUSTIN (KXAN) — The Texas Alcoholic Beverage Commission is investigating if a business served alcohol to a man charged in a fatal crash that happened in south Austin on Saturday.
Paul Joseph Garcia Jr, 24, has been charged with intoxication manslaughter in the death of Lee Martin Cagle following a crash that happened at the intersection of Slaughter Lane and Menchaca Road around 10:30 p.m.
TABC
said that Garcia Jr. indicated to Austin police that he had been drinking at multiple
businesses before the crash on Saturday.
As
part of the investigation, TABC said it will investigate the source of
alcoholic beverage service. It will seek to determine whether those businesses
served alcohol to an intoxicated customer.
Under
Texas law, alcohol retailers must decline service to anyone showing signs of
intoxication.
Any
business cited for selling alcohol to an intoxicated person could face a civil
fine of up to $7,200, and a temporary suspension of their license to sell
alcohol.
In extreme cases, a business’ license could be cancelled.
According to an arrest affidavit, Garcia Jr. continued to drive on Menchaca Road after hitting Cagle, who was pushing a shopping cart in the road.
The affidavit says witnesses saw Garcia Jr. pull
the car over and “calmly” walk away from it. Later, Garcia Jr. was seen walking
barefoot just south of the scene at the South Austin Beer Garden, the affidavit
says.
David Pearce, the co-owner of the
South Austin Beer Garden said his door staff recognized something was wrong
almost immediately. They met him at the door and tried to calm him down.
Surveillance video shows that Garcia Jr. emerged from a drainage ditch without
shoes on.
“We didn’t know what kind of trouble
he was in, we just knew it was bad,” Pearce said. “He was in tears. He was
distraught. In a panicked state. You could see he had tears in his eyes and it
looked like he was running from something.”
Police officers showed up to the South
Austin Beer Garden shortly after and detained the 24-year-old.
Garcia Jr. was not served alcohol
at South Austin Beer Garden, according to the affidavit.
He has been charged with intoxication manslaughter, and is being
held at the Travis County Jail.
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