Sunday, September 14, 2008

When did Common Sense Die?

I really have to question when the lines of common sense and resposibility for your own actions are
blurred. I think it is pretty scarey when a bar is charged for someones death when they die at home supposedly from alcohol posioning. Ok there is a lot of information that we are not privy to, but even so if a bar is going to be charged after everyone is over served they better create a whole new court system. I have a bigger question who determines the person has been over served? You can see where there is going. Here is the article you be the judge.

RCMP lay charges in alcohol poisoning death
A bar owner and a bartender are facing criminal charges after a women drank herself to death in a Calmar, Alta. pub.
Skip's Bar employee Derek Allen Tithcott, 33, was charged Friday with manslaughter in connection to the death of Tammy Kobylka.
He also faces a second charge of criminal negligence causing death. Bar owner Brian Cameron Bromley and S.B.H. Enterprises Inc. are also facing a negligence charge.
The charges come after Kobylka, 22, died in her Calmar home from alcohol poisoning in October 2007.
Tests show her blood-alcohol level was five times over the legal limit for driving.
Neither of the accused could be reached for comment Friday.
Friends and family said the young woman was a happy and hard working person prior to her death.
Leduc RCMP initially charged the Calmar bar in March 2008 after an autopsy revealed Kobylka died from acute ethanol toxicity -- or alcohol poisoning.
Police said Kobylka was served drinks even though she was already drunk and passing out.
Skip's Bar was charged with permitting a person apparently intoxicated by alcohol to consume liquor in a licensed premise. The charge is under the regulations of the Alberta Gaming and Liquor Act.
Yet two months after the initial charge against Skip's Bar, the Alberta Crown dropped the case for undisclosed reasons.
RCMP Const. Jodi Heidinger said the new charges are part of a separate RCMP investigation into Kobylka's death.
"It's a very unique situation and the investigators worked very diligently to explore all the avenues and interview as many witnesses as they could," she said.
One law expert tells CTV News negligence and manslaughter charges are extremely rare after a person dies from alcohol poisioning.
The two charges have only been laid a few times in Alberta and only one resulted in a conviction.
"The crown is going to have to have very compelling evidence of the quantity of alcohol served," defence lawyer Ed O'Neill said. "Simply proving that the deceased attended the establishment and was served alcohol by the bartender is going to be insufficient to secure a conviction."
Meanwhile, some residents of the small Albertan town say they are hoping that someone is held responsible for Kobylka's death.
"When people drink too much they're not in their right minds," Calmar resident Jeanna Westlund said. "Somebody has to look after them."
The accused are scheduled to appear in a Leduc court on Sept. 18.

Well I better wrap this one up before someone figures this is too long, and turn me over to the Blog Police!! You laugh, but this is how stupid our world is getting!

REMEMBER: Stand for something or you will fall for everything!

Until next time

From The Big Ape ;-)


Anonymous said...

Well, I disagree with u this time!!
I say it's about time!!
I've seen some of these people come out of the bar and over to the stand.
I read somewhere this week that they are not supposed to be served if they are drunk. Doesn't happen here!

Anonymous said...

If the law wants to charge the bartenders, then laws need to be put in place that limits how much people can drink along with a system that bartenders can use so they don't have to try and figure out how drunk someone is compared to every other drunk person in the bar. It will affect their background checks for life for something they had little control over and probably had little knowledge of any law that affects them.