HomeMy WebLinkAbout215-06 RESOLUTIONRESOLUTION NO. 215-06
A RESOLUTION TO REVOKE THE LICENSE OF MIGUEL TORRES
d/b/a/ CASA TORRES TO SELL ALCOHOLIC BEVERAGES WITHIN
THE CITY OF FAYETTEVILLE
WHEREAS, the City of Fayetteville provided proper written notice to Miguel
Torres d/b/a Casa Torres that the City Council would consider declaring his
establishment a nuisance and revoking his City license to sell alcoholic controlled
beverages pursuant to §111.06 (D) after a public hearing during its City Council meeting
of December 19, 2006; and
WHEREAS, the City of Fayetteville provided proper written notice to Miguel
Torres d/b/a Casa Torres that the City Council would consider suspending or revoking his
City license to sell alcoholic controlled beverages in Fayetteville pursuant to §111.13 of
the Fayetteville Code after a public hearing during its City Council meeting of December
19, 2006; and
WHEREAS, Miguel Torres was notified of the substances of many of the
complaints against him including alcoholic beverage control violations, after hours
serving of alcohol, late or unpaid city taxes, violence, disorderly conduct and even
shootings occurring at his establishment; and
WHEREAS, Miguel Torres has been given an opportunity during the public
hearing to present any and all evidence and arguments he wished to make in response to
the allegations complained against him and Casa Torres.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF FAYETTEVILLE, ARKANSAS
Section 1: After careful consideration of the evidence presented by the
Fayetteville Police Department, other City Staff, Mr. Miguel Torres, his witnesses,
citizens and other persons during the public hearing, the City Council of the City of
Fayetteville, Arkansas hereby finds that there is ample and sufficient trustworthy
evidence to find that Miguel Torres has operated his establishment in such a manner as to
constitute a public nuisance in the City of Fayetteville and that his City license to sell
controlled alcoholic beverages within the City should be and hereby is REVOKED.
Section 2: After careful consideration of the evidence presented by the
Fayetteville Police Department, other City Staff, Mr. Miguel Torres, his witnesses,
citizens and other persons during the public hearing, the City Council of the City of
Fayetteville, Arkansas hereby also finds that Miguel Torres has violated provisions of
Chapter 111 Alcoholic Beverages of the Code of Fayetteville including, but not limited
to: allowing after hours sales of alcoholic beverages, allowing patrons to carry open
alcoholic beverages out of his establishment, serving an already intoxicated person,
operating without a proper City permit, and sellingalcoholic beverages to a minor.
Because of these violations of the City Code, the Ciiy Council determines that Miguel
Torres' City license to sell alcoholic controlled beverages should be and hereby is
REVOKED.
PASSED and APPROVED this 19th day of December, 2006.
APPROVED:
ATTEST:
By: ( YAA U.t s C{ yn'Lt
SONDRA SMITH, City Clerk/Treasurer
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Greg Tabor
Submitted By
City of Fayetteville
Staff Review Form
City Council Agenda Items
or
Contracts
12l 2006
City Council Meeting Date
Police
Division
Action Required:
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Council adopt a resolution revoking the city alcohol permit of Miguel Torres d.b.a. Casa Torres
$0.00
Cost of this request
N/A
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Account Number
N/A
Project Number
Budgeted Item
$0
Category / Project Budget
$0.00
Funds Used to Date
$0.00
Remaining Balance
Budget Adjustment Attached
N/A
Program Category / Project Name
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Program / Project Category Name
N/A
Fund Name
Department Director
-City Att
Finance an
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Internal Service Director
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12/1/2006
Date
121666
Date
j2- 7-06
Mayor
Date
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11106
Date
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Received in Mayor's Office
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See attached
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
TO:
FROM: Greg Tabor, Chief of Police
DATE: December 1, 2006 W
Mayor Dan Coody and Members of the City Council
RE.
Casa Torres
Recommendation:
It is recommended the City Council adopt a resolution revoking the city alcohol
permit of Miguel Torres d.b.a. Casa Torres
Background:
City Permit #4126, issued to Mr. Miguel Torres d.b.a. Casa Torres was first issued on
12-20-02. The business is currently operating.at 1673 N. College Ave. in Fayetteville,
Arkansas. Since this permit has been issued, there'have been numerous violations of both
state and local ordinance concerning dispensing of alcoholic beverages. These violations
include, but are not limited to serving.niinors and operating after hours. Also, numerous
reports of disturbances, assaults, loud music and a.recent shooting are just a few of the
calls received by the police department at this address. The business has been sanctioned
by the state Alcoholic Beverage Control on several occasions.
Discussion:
City Ordinance 111.06 states; "If any person engaged in the sale of controlled
beverages in the city shall conduct his place of business in a manner as to constitute a
nuisance, the City Council shall revoke the license Of such person to sell controlled
beverages in the city."
City Ordinance 111.13 gives the. City Council authority to suspend or revoke the
license of any licensee violating this chapter.
Budget Impact:
None
RESOLUTION NO.
A RESOLUTION TO REVOKE THE LICENSE OF MIGUEL
TORRES d/b/a/ CASA TORRES TO SELL ALCOHOLIC
BEVERAGES WITHIN THE CITY OF FAYETTEVILLE
WHEREAS, the City of Fayetteville provided proper written notice to Miguel
Torres d/b/a Casa Torres that the City Council would consider declaring his
establishment a nuisance and revoking his City license to sell alcoholic controlled
beverages pursuant to §111.06 (D) after a public hearing during its City Council meeting
of December 19, 2006; and
WHEREAS, the City of Fayetteville provided proper written notice to Miguel
Torres d/b/a Casa Torres that the City Council would consider suspending or revoking his
City license to sell alcoholic controlled beverages in Fayetteville pursuant to §111.13 of
the Fayetteville Code after a public hearing during its City Council meeting of December
19, 2006; and
WHEREAS, Miguel Torres was notified of the substances of many of the
complaints against him including alcoholic beverage control violations, after hours
serving of alcohol, late or unpaid city taxes, violence, disorderly conduct and even
shootings occurring at his establishment; and
WHEREAS, Miguel Torres has been given an opportunity during the public
hearing to present any and all evidence and arguments he wished to make in response to
the allegations complained against him and Casa Torres.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: After careful consideration of the evidence presented by the
Fayetteville Police Department, other City Staff, Mr. Miguel Torres, his witnesses,
citizens and other persons during the public hearing, the City Council of the City of
Fayetteville, Arkansas hereby finds that there is ample and sufficient trustworthy
evidence to find that Miguel Torres has operated his establishment in such a manner as to
constitute a public nuisance in the City of Fayetteville and that his City license to sell
controlled alcoholic beverages within the City should be and hereby is REVOKED.
Section 2: After careful consideration of the evidence presented by the
Fayetteville Police Department, other City Staff, Mr. Miguel Torres, his witnesses,
citizens and other persons during the public hearing, the City Council of the City of
Fayetteville, Arkansas hereby also finds that Miguel Torres has violated provisions of
Chapter 111 Alcoholic Beverages of the Code of Fayetteville including, but not limited
to: allowing after hours sales of alcoholic beverages, allowing patrons to carry open
alcoholic beverages out of his establishment, serving an already intoxicated person,
operating without a proper City permit, and selling alcoholic beverages to a minor.
Because of these violations of the City Code, the City Council determines that Miguel
Torres' City license to sell alcoholic controlled beverages should be and hereby is
REVOKED.
PASSED and APPROVED this 19th day of December, 2006.
ATTEST:
By:
SONDRA SMITH, City Clerk
APPROVED:
By:
DAN COODY, Mayor
FAYETTEVILLE CODE OF ORDINANCES
TITLE XI BUSINESS REGULATIONS
Local permit required, A.C.A. §3-5-211. _
111.04 Application for Permits
(A) Application for a permit required by this chapter
shall be in writing on a form prescribed by the city
and shall be accompanied by the required fee
and a copy of the applicant's state permit. No
city permit will be issued until applicant has
received a state permit.
(B) It shall be unlawful for any person 'to make any
false statement or representation in any
application required by this chapter or to give any
false answer to any question contained therein.
(C) Permits required by this chapter shall be issued
in such a manner that they will run for such
length of time as the state permit. Annual permit
renewal fees shall be due and payable on June
30th of each year for the succeeding. year
beginning July 1s1 .
(D) The city will not issue or renew any permits
pursuant to this chapter until all outstanding
hotel, motel, and restaurant taxes and/or
supplemental beverage taxes, if applicable, are
paid.
(E) No new permit shall be granted to any person to
engage in the sale of liquor at retail, for
consumption off the premises, for any business
situated within 200 yards of any church or school.
The distance shall be measured from the nearest
point of the church or school building to the
nearest point of the building to be permitted.
(F) No other permits shall be granted to any person
to engage in the business of manufacturing,
transporting, storing, handling, receiving
distributing, selling, oi- dispensing, either at
wholesale or retail, any controlled beverage,
except wine, for any business situated within 300
feet of any church or school building. The
distance shall be measured from the nearest
point of the church or school building to the
nearest point of the building to be permitted.
(G) All permits issued by the city pursuant to this
chapter shall be prominently displayed on the
permitted premises by the permittee in the same
manner as required by the state for state permits.
that the state permit has been restored to the
applicant, provided that no reclaimed permit will
be restored to an applicant until all outstanding
hotel, - motel, and restaurant taxes and/or
supplemental beverages taxes, if applicable, are
paid.
(I) All fees, taxes, and penalties received by the city
pursuant to this chapter shall be deposited to the
credit of general fund revenues.
(J) Permits shall not be transferable or assignable
except as provided by A.C.A. §3-4-103A
(Fiduciaries -Continuation of permitted business).
•
(Ord. No. 4042, §1. 6-17-97; Code 1991, §111.04)
State law reference(s)--Fiduciaries-Conlinuation of
permitted business, A.C.A. §3-4-103A; Operation of retail
liquor business within 200 yards of church or schoolhouse
prohibited; as amended by Act 1072 of 2001, A.C.A. §3-4-
206; Transfer or assignment, A.C.A. §3-4-217; Applications -
Procedure for acceptance and determination, A.C.A. §3-4-
208.
111.05 Right Of City To Inspect Records
The city shall have the right to inspect and examine
the records of any permittee subject to any tax or
permit fee based on gross sales or receipts.
(Ord. No. 4042, §1, 6-17-97; Code 1991, §111.05)
111.06 Prohibited Activities/Warning
Notice
(A)• Any person to which a controlled beverage permit
has been issued shall comply with all laws and
regulations of the State of Arkansas, the
Alcoholic Beverage Control Division of the State
of Arkansas, and the City of Fayetteville
regarding the control and regulation of controlled
beverages, including but not limited to the
following:
(1) Purchase by or for minors, sale to minors, or
handling by minors prohibited;
(H) When any state permit is revoked by the state or
required to be returned to the state for any
reason, the city permit shall be returned to the
city. The city will restore the permit upon proof _
• CD111:5
(a) It shall be unlawful for any person under
the age of 21 years to have in his or her
possession, to purchase or attempt to
purchase, or otherwise obtain any
controlled beverages.
(b) It shall be unlawful for any person to,
knowingly or unknowingly, purchase on
behalf of, fumish to, give away to, or
otherwise dispose of to any person
FAYETTEVILLE CODE OF ORDINANCES
.TITLE XI BUSINESS REGULATIONS
under the age of 21 years any controlled
beverages; however, this provision shall
not apply to the serving of such to
members of one's family or to the use of
wine in any religious ceremony or rite in
any established church or religion.
(c) It shall be unlawful for any person
engaged in the business of
manufacturing, distributing or selling, at
wholesale 'or retail, any controlled
beverages to sell, offer for sale, or give
away, under any conditions, any such
controlled beverages to any person
under the age of 21 years. The burden
of determining the age of any person
shall be upon the seller.
(d) It shall be unlawful for any wholesaler,
retailer, or transporter of controlled
beverages to allow any employee or
other person under the age of 21 years
of age to have anything whatsoever to
do with the sale, transporting or
handling of controlled beverages.
However, with the written consent of a
parent or guardian, persons 18 years of
age and older may be employed by
licensed liquor and beer wholesalers
and by licensed native wineries to
handle controlled beverages at the
place of business of the licensed
wholesaler or wineries.
(2) A warning notice regarding the sale to,
possession or purchase by, or furnishing to
minors of controlled beverages shall be
posted in a conspicuous place in public view
in each place of business where controlled
beverages are sold, served or dispensed,
including all drive up windows The warning
notices shall be of the size, have the content,
and be posted in the manner as prescribed
by the Arkansas Alcoholic Beverage Control
Division.
(B) No person who has received a license under any
ordinance of the City of Fayetteville for the sale
or dispensing of alcoholic beverages for on -
premises consumption including private club
licenses shall suffer or permit any person to
appear on the licensed premises in such manner
or attire as to expose to view any portion of the
pubic area anus, vulva, or genitals or any
simulation thereof, nor suffer or permit any
female to appear on the -premises in such
manner or attire as to expose to view any portion
of her breast below the top of the areola or any
simulation thereof.
(C) That no person shall bring into or consume or
allow to be brought into or allow to be consumed
intoxicants or alcoholic beverages of any kind, in
any commercial` establishment, or business,
which suffers or permits any person to appear on
the premises in such manner or attire as to
expose to view any portion of the pubic area,
anus, vulva, or genitals or any simulation thereof,
or suffers or permits any female to appear.on the
premises in such. manner or attire as to expose to
view any portion of her breast below the top of
the areola or any simulation thereof
(D) If any person engaged in the sale of controlled
beverages in the city shall conduct his place of
business in a manner as to constitute a nuisance,
the City Council shall revoke the license of such
person to sell controlled beverages in the city.
(t) Any person violating any provision of this
ordinance shall be subject to the general
penalties as set out in §10.99 of the Code of
Fayetteville.
(Ord. No. 4015, 2-4-97; Ord. No. 4016, 2-4-97; Ord. No.
4042, §1, 6-17-97; Ord. No. 4132, §t, 1-5-99)
State law reference(s)—Unknowingly furnishing or,
selling to minor, A.C.A. §3-3-201; Knowingly furnishing or
selling to minor, A.C.A. §3-3-203.
111.07-111.09 Reserved
ARTICLE II
PENALTIES/SUSPENSION/REVOCATION
111.10 Furnishing To Or Consumption
By Minors
(A) Any person convicted of knowingly or
unknowingly selling, serving, giving, procuring or
otherwise furnishing any controlled beverage to
any person under 21 years of age shall be
deemed guilty of a misdemeanor and -shall be
fined not less than $200.00 nor more than
$500.00.
(8) Any person under the age of 21 years who has in
his or her possession, purchases or attempts to
purchase, or otherwise obtain - any controlled
beverage shall, upon conviction, be . deemed
guilty of a misdemeanor and shall be subject to a
fine of not less Than $10.00 nor more than
CD111:6
FAYETTEVILLE CODE OF ORDINANCES
TITLE XI BUSINESS REGULATIO
$500.00.
(Ord. No. 4042, §1, 6-17-97)
State law reference(s)—Unknowingly furnishing or
selling lo minor, A.C.A. §3-3-201; Knowingly furnishing or
selling to minor, A.C.A. §3-3-202; Purchase or possession by
minor, A.C.A. §3-3-203.
111.11 Operating Without City Permit
(A) Beer and light wine. Any person who sells,
serves barters exchanges, .or gives away beer
or light wine without having a valid city permit as
provided by this chapter shall, upon conviction,
be deemed guilty of a misdemeanor and shall be
fined not more than $500:00. Each day of such
operation without a valid city permit shall
constitute a separate and distinct offense.
(B) On -premises consumption, including private
clubs. Any person who sells, serves, barters,
exchanges, or gives away .controlled beverages,
except wine, for on -premises consumption
without having a valid city permit as provided by
this chapter shall, upon conviction, be deemed
guilty of a misdemeanor and shall be fined not
more than $500.00. Each day of such operation
without a valid city permit shall constitute a
separate and distinct offense.
(C) General. Any person, except as provided in
§111.11(A) and.(B) above, who sells, serves,
barters, exchanges, or gives away controlled
beverages, except wine, without having a valid
city permit as provided in this chapter shall, upon
conviction, be deemed guilty of a misdemeanor
and shall be fined not more than $500.00. Each •
day of such operation without a valid city permit
shall constitute a separate and distinct offense.
(Ord. No. 4042, 6-17-97; Code 1991, §111.11)
State law reference(s)—Penalties, A:C.A. §3-5-203;
Manufacture, sale, etc., a privilege, A.CA. §3-5-204.
111.12 General Penalty
Except as set forth above, any person violating any
provision of this chapter shall be subject to the
general penalties as set out in §10.99 of the Code of
Fayetteville.
(Ord. No. 4042, 6-17-97; Code 1991, §111.12)
111.13 Suspension/Revocation
(A) The City Council may suspend for a period not to
exceed six months or revoke the license of any
licensee violating this chapter after due notice to
the licensee and an opportunity for the licensee
to be heard.
(B) When any license is revoked, no new license
shall be issued to the same person within one
year of such revocation.
(Ord. No. 4016, 2-4-97; Code 1991, §111.13)
111.14-111.19 Reserved
ARTICLE III
TYPES OF PERMITS -FEES -SPECIFIC
PROVISIONS -HOURS OF OPERATION
111.20 Wholesale
(A) Wholesale liquor .permit. Authorizes the
purchase from licensed manufacturers or
importers of spirituous and vinous beverages or
malt liquor containing more than five percent
alcohol by weight, and the sale of such
beverages to persons holding a valid liquor off -
premises permit or a hotel, motel or restaurant
on -premises consumption permit.
(1) Permit fee. There is hereby levied an annual
permit fee 'of $500.00 for each and every
establishment engaged in storing,
transporting and/or selling at wholesale any
spirituous or vinous (except wine) liquors
within the city.
(2) Hours of operation. It shall be unlawful for
any person to sell, offer for sale, or give
away, at wholesale, any spirituous, vinous,
or malt liquors before the hours of 6:00 a.m.
and after the hour of 11:00 p.m. on
weekdays, 12:00 midnight on Friday and
Saturday, at 'any hour on Sunday, on
•Christmas Day, or during any 24-hour
interval designated an emergency period by
the mayor, City Council, orany person acting
in the mayors or City Council's capacity.
(B) Wholesale beer and light wine permit. Authorizes
the purchase of beer, light wine or malt liquor
from a licensed manufacturer or importer and the
sale of such beverages to retailers holding a valid
permit to sell beer, light wine or malt liquor for
consumption on or off the premises.
111:7
(1) Permit fee. There is hereby levied an annual
permit fee of $125.00 for each and every
12-05-06
Casa Torres, 1673 N. College Avenue .
Motion for Revocation of City Alcohol Permit
Document Cover Sheet
Alcoholic Beverage Control Sanction Activity
Seven Documents
Fayetteville Police Department Criminal Reports
03-85988
03-88718
03-114124
03-119099
04-68184
04-70845
04-75891
04-78525
06-93744
06-120355 (shooting)
Fayetteville District Court Records
Five Violation Records
Call History
Casa Torres, 1673 N. College, December, 2002 to present
Acambaro, (Comparison Query), 2605 N. College, December, 2002 to present
City of Fayetteville Accounting Office Tax Information
Memorandum from Revenue Clerk
Tax Record
City of Fayetteville Planning Department Report
Five pages
Robert S. Moore, Jr.
Director
Donald R. Bennett
Attorney
Milton R. Lueken
Attorney
STATE OFARKANSAS
ALCOHOLIC BEVERAGE CONTROL DIVISION
1515 West 7th Street, Suite 503
Little Rock, Arkansas 72201
Telephone (501) 682-1105
Fax (501) 682-2221
IN THE MATTER OF:
RESTAURANT MIXED DRINK PERMIT NO. 18(MAX)
MIGUEL TORRES, PERMITTEE
DBA: CASA TORRES RESTAURANT
1673 N. COLLEGE AVENUE
FAYETTEVILLE, ARKANSAS
•
•
ORDER
BOARD MEMBERS:
Ron Fuller, Chairman
Dr. Carl E. Hyman
Tony Ellis
Patricia A. Cohee
J.J. Vigneault
PAID: -8-o3
There was considered by the Director, the matter pertaining to charges
filed against Restaurant Mixed Drink Permit No. 18(MAX), held by Miguel
Torres, Permittee, to do business as Casa Torres Restaurant, located at 1673 N.
College Avenue, Fayetteville, Arkansas. Said charges were as follows:
1. That on or about March 8, 2003, your outlet was in violation of
Section 1.79(32) of the ABC Regulations, Failure to be a Good
Neighbor, people were drinking alcoholic beverages in the parking
lot, a Class B violation.
2. That on or about March 8; 2003,your operator allowed minors in
the permitted outlet when no food services was available, in
violation of Section 4.17 of the ABC Regulations, a Class C
violation.
The following findings are made, TO WIT:
That the permittee, Miguel Torres, was in communication with this
agency on September 15, 2003, in response to the charges waiving a hearing on
the charges, requesting that the matter be disposed of on the record.
Based on the above and foregoing findings, as well as filed pertinent
documents, it is concluded that there is sufficient substantial evidence
contained within the record to reflect that the alleged violations did, in fact,
occur. It is further concluded that the subject permit should be FINED in the
amount of two hundred dollars ($200.00), and placed on PROBATION for a
period of sixty (60) days.
NOW THEREFORE, by reason of the herein above stated conclusions, it
is hereby ORDERED that Restaurant. Mixed Drink Permit No. 18(MAX) shall be
and the same is hereby FINED in the amount of two hundred dollars ($200.00),
in accordance with the provisions of Act 790 of 1981. Said FINE is due and
payable by Check, Cashier's Check or Money Order at the offices of the ABC
Administration on or before the close of business on October 7, 2003. If said
FINE is not paid by such date, the aforementioned permit shall be SUSPENDED
until such time as the FINE is paid in full. It is further ORDERED that said
permit shall be placed on SUSPENSION PROBATION for a period of sixty (60)
days, said period of PROBATION to begin on October 7, 2003, and continue
uninterrupted through December 5, 2003. During such period of PROBATION
and henceforth, the permitted business establishment shall be operated in such
a manner as to strictly conform to all appropriate Alcoholic Beverage Laws of
the State of Arkansas and Rules and Regulations adopted by y the Alcoholic
Beverage Control Board.
DONE AT LITTLE ROCK, ARKANSAS, this 18th day of September, 2003.
RSM \ML\kb
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ALCOHOLI BEVERAGE CONTROL DIVISION
•
�.l
- ROBER S. MOORE, JR., DIRK TOR
2
•
Robert S. Moore, Jr.
Director
Donald R. Bennett
Attorney
Milton R. Lueken
Attorney
•
STATE OFARKANSAS
ALCOHOLIC BEVERAGE CONTROL DIVISION
1515 West 7th Street, Suite 503
Little Rock, Arkansas 72201
Telephone (501) 682-1105
Fax (501) 682-2221
IN THE MATTER OF:
RESTAURANT MIXED DRINK PERMIT NO. 18(MAX)
MIGUEL TORRES, PERMITTEE
DBA: CASA TORRES RESTAURANT
1673 N. COLLEGE AVENUE
FAYETTEVILLE, ARKANSAS
BOARD MEMBERS:
Ron Fuller, Chairman
Dr. Carl E. Hyman
Tony Ellis
Patricia A. Cohee
J.J. Vigneault
ORDER
There was considered by the Director, the matter pertaining to charges
filed against Restaurant Mixed Drink Permit No. 18(MAX), held by Miguel
Torres, Permittee, to do business as Casa Torres Restaurant, located at 1673 N.
College Avenue, Fayetteville, Arkansas. Said charges were as follows:
1. That on or about August 31, 2003, your operator allowed the
consumption of alcoholic beverages after the legally prescribed
hours, in violation of Section 3.19(1)A. of the ABC Regulations, a
Class B violation.
2. That on or about September 7, 2003, your operator failed to
cooperate with a member of the Fayetteville Police Department, in
violation of Section 1.79(10) of the ABC Regulations, a Class A
violation.
That on or about September 7, 2003, your operator allowed the
consumption of alcoholic beverages after the legally prescribed
hours, in violation of Section 3.19(1)A. of the ABC Regulations, a
Class B violation.
4. That on or about September 7, 2003, your operator allowed open
containers of alcoholic beverages to be carried from the permitted
premises, in violation of Section 1.79(27) of the ABC Regulations,
a Class C violation.
5. That on or about November 16, 2003, your operator served
alcoholic beverages after the legally prescribed hours, in violation
of Section 3.19(3)A of the ABC Regulations, a Class B violation.
And from findings of fact deduced ata hearing held on January 6, 2004,
the following findings are made, TO WIT:
That the permittee, Miguel Torres, was present at the hearing and
appeared pro se. There also came and appeared Preston Oswalt, Sgt. James
Harter and Officer Cameron Crofton of the Fayetteville Police Department. It is
further found that testimony was elicited from Preston Oswalt, Sgt. Harter and
Officer Crofton.
Based on the testimony elicited, it is found that there is sufficient
evidence contained within the record to reflect that the alleged violations did, in
fact, occur. Based on these findings, it is concluded that the subject permit
should be FINED. in the amount of one thousand dollars ($1,000) SUSPENDED
for a period of one (1) week, and placed on PROBATION for a period of six (6)
months. The one (1) week period of SUSPENSION shall be held in abeyance for
a period of sixty (60) days. Should the permittee be cited for a violation of the
same ABC Regulation within the sixty (60) day period and be found guilty of the
same, the one (1)d period of SUSPENSION will be reinstated by the Director.
POi
NOW THEREFORE,tby reason of the herein above stated conclusions, it
is hereby ORDERED that Restaurant Mixed Drink Permit No. 18(MAX) shall be
and the same is hereby FINED in the amount of one thousand dollars
($1,000.00), in accordance with the provisions of Act 790 of 1981. Said FINE is
due and payable by Check, Cashier's Check or Money Order at the offices of
the ABC Administration on or before the close of business on February 10,
2004. If said FINE is not paid by such date, the aforementioned permit shall be
SUSPENDED until such time as the FINE is paid in full. It is further
ORDERED that said permit shall be placed on SUSPENSION for a period of one
(1) week, and placed on PROBATION for a period of six (6) months, said period
of PROBATION to begin on February 10, 2004, and continue uninterrupted
through August 10, 2004. During such period of PROBATION and henceforth,
the permitted business establishment shall be operated in such a manner as to
strictly conform to all appropriate Alcoholic Beverage Laws of the State of
Arkansas and Rules and Regulations adopted by the Alcoholic Beverage Control
Board.
You are hereby notified that you have the right to appeal this decision to
the full Alcoholic Beverage Control Board within fifteen (15) days from the date
this ORDER is received.
DONE AT LITTLE ROCK, ARKANSAS, this 21ST day of January, 2004.
•
2
Robert S. Moore, Jr.
Director
Donald R. Bennett
Attorney
Milton R. Lueken
Attorney
STATE OF ARKANSAS
ALCOHOLIC BEVERAGE CONTROL DIVISION
1515 West 7th Street, Suite 503
Little Rock, Arkansas 72201
Telephone (501) 682-005
Fax (501) 682-2221
Miguel Torres, Permittee
DBA: Casa Torres Restaurant
1673 N. College Avenue
Fayetteville, Arkansas
April 22, 2004
WARNING
BOARD MEMBERS:
Ron Fuller, Chairman
Dr. Carl E. Hyman
Tony Ellis
Patricia A. Cohee
J.J. Vigneault
Complaint has been made by the ABC Enforcement Division that a
violation has occurred against Restaurant Mixed Drink Permit No. 18(MAX),
held by you, in that on or about November 30, 2003, you served alcoholic
beverages after the legally prescribed hours, in violation of Section 3.19(3)A. of
the ABC Regulations.
Since this violation report was received only one day before your last
hearing before ABC Director Robert S. Moore, Jr. on January 6, 2004, another
hearing on this report will not be scheduled in this instance. However, you
are hereby warned that further such occurrences will result in a monetary fine
against the permit or the suspension of the permit.
Although no action is being taken against your permit as a result of this
incident, you are hereby advised that this letter will be made a part of your file
at our office and may be considered as part of a course of unlawful conduct
upon our consideration of any future violation.
You are further warned to operate and conduct your permitted business
establishment in strict compliance with all laws and regulations pertaining to
your permit.
RSM/ML/kb
ALCOHOLIC BEVERAGES CONTROL DIVISION
ROBERT .. MOORE, 131V', CTOR
Robert S. Moore, Jr.
Director
Donald R. Bennett
Attorney
Milton R. Lueken
Attorney
STATE OF ARKANSAS
ALCOHOLIC BEVERAGE CONTROL DIVISION
1515 West 7th Street, Suite 503
Little Rock; Arkansas 72201
Telephone (501) 682-1105
Fax (501) 682-2221
BOARD MEMBERS:
Ron Fuller, Chairman
Dr. Carl E. Hyman
Tony Ellis
Patricia A. Cohee
J.J. Vigneault
IN THE MATTER OF:
RESTAURANT MIXED DRINK PERMIT NO. 18(MAX)
MIGUEL TORRES, PERMITTEE
DBA: CASA TORRES RESTAURANT
1673 N. COLLEGE AVENUE
FAYETTEVILLE, ARKANSAS
BOARD DECISION
There was considered by the Alcoholic Beverage Control Board at a
hearing held on December 15, 2004, the matter pertaining to charges filed
against Restaurant Mixed Drink Permit No. 18(MAX), held by Miguel Torres,
Permittee, to do business as Casa Torres Restaurant, located at 1673 N. College
Avenue, Fayetteville, Arkansas. Said charges were as follows:
1. That on or about July 4, 2004 your outlet was in violation of
Section 1.79(32) of the ABC egulations, Failure to be a Good
Neighbor, female patron was attacked by males in the outlet, a
Class B violation.
That on or about July 4, 2004, the permitted outlet was operating
under an unauthorized trade name, in violation of Section 1.25 of
the ABC Regulations, a Class C violation.
That on or about July 4, 2004, your operator allowed consumption
of alcoholic beverages after the legally prescribed hours, in
violation of Section 3.19(3)A. of the ABC Regulations, a Class B
violation.
That on or about July 4, 2004, your operator served alcohojr`a c;;
beverages to an intoxicated patron, in violation of Section
3.19(4)B. of the ABC Regulations, a Class B violation.
That on or about July 11, 2004, your operator was drinking
alcoholic beverages on•duty, in violation of Section 1.79(19) of the
ABC Regulations, a Class B violation.
6. That on or about July 11, 2004, your operator allowed the
consumption of alcoholic beverages after the legally prescribed
hours, in violation of Section 3.19(3)A. of the ABC Regulations, a
Class B violation.
7. That on or about July 25, 2004, your operator allowed the
consumption of alcoholic beverages after the legally prescribed.
hours, in violation of Section 3.19(3)A. of the ABC Regulations, a
Class B violation.
That on or about July 25, 2004, your operator served alcoholic
beverages to an intoxicated patron, in violation of Section
3.19(4)B. of the ABC Regulations, a Class B violation.
9. That on or about July 25, 2004, your operator failed to cooperate
with the Fayetteville Police Department, in violation of Section
1.79(10) of the ABC Regulations, a Class A violation.
10. That on or about August 1, 2004, your operator allowed the
consumption of alcoholic beverages after the legally prescribed
hours, in violation of Section 3.19(3)A. of the ABC Regulations, a
Class B violation.
11. That on or about August 1, 2004, the permitted outlet has no
Fayetteville City privilege license, in violation of Section 1.79(4) of
the ABC Regulations, a Class C violation.
Board Members attending the hearing were Ron Fuller, Chairman, and
Dr. Carl Hyman, Tony Ellis, Pat Cohee, and J. J. Vigneault.
The permittee. was present at the hearing and appeared pro se. There
also came and appeared Sgt. James Harter and Officer Preston Oswalt of the.
Fayetteville Police Department.
After considering all notes, memoranda, and sworn testimony. It is
found:
1. Arturo Torres, who was representing his father, stipulated with
the ABC Board Chairman, Ron Fuller, that the permittee was admitting guilt on
all of the violations except numbers one, four, eight and nine. A letter from Mr.
Torres to the ABC which corroborated this fact was introduced by ABC Board
Attorney Milton Lueken.
2. Testimony was received from Sgt. James Harter of the Fayetteville
Police Department regarding charge number one. Sgt. Harter read a report
from the Fayetteville Police Department authored by Officer Scott Carlton in
which he described a complaint from an Hispanic woman named Diana
Travino. Officer Carlton noticed that Ms. Travino had a bloody nose, that her
face was swollen, that she had a small kriot on her left temple and that she was
complaining of chest pain. Ms. Travino stated that she had been inside the
permitted outlet when four Hispanic males jumped her for no reason. Mr.
Travino stated that the subjects held her to the ground and beat her up: Sgt.
Harter stated that Officer Carlton's report indicated that Ms. Travino was
extremely intoxicated and belligerent.
3. Testimony regarding charge number four was received from
Corporal Preston Oswalt of the Fayetteville Police Department. Corporal Oswalt
testified that on July 4, 2004, he and Officer Dearing had responded to the
permitted outlet to assist Corporal Carlton who was out in the parking lot of the
bar taking a report of a battery. Corporal Oswalt testified that upon arrival at
the restaurant he observed many, many patrons outside the bar that were
extremely intoxicated to the point that they had to hold themselves up on walls
and on vehicles.
4. Testimony was received from Corporal Preston Oswalt regarding
charge number. eight. Corporal Oswalt testified that on July 24, 2004, he was
at the permitted outlet at approximately 3:30 a.m. and that he took a full bottle
of Corona beer away from a patron who he described as drunk and stumbling.
• 5. Corporal Preston Oswalt testified regarding charge number nine.
Corporal Oswalt testified that on July 25, 2004, he arrived' at the restaurant at
approximately 3:30 a.m.. Corporal Oswalt testified that he entered the
establishment and observed bottles of beer and bottles of alcohol on almost
every table in the room. Corporal Oswalt testified that he took a beer right out
of a patron's hand as he was drinking it. Corporal Oswalt testified that he
spoke with Mr. Torres and told him to clear the tables. Corporal Oswalt
testified that the police then left the permitted outlet, but returned in ten
minutes and when they returned they saw a patron that was still drinking beer.
After all conclusions of matters considered by the Board, including the
earlier stipulation entered into by Arturo Torres as well as the testimony
received from Sgt. James Harter and Corporal Preston Oswalt of the Fayetteville
Police Department, it is found that the testimony indicates that the alleged
violations number one, two, three, four, six, seven, eight, nine, ten and eleven
did occur. The Board finds that the administrative sanction of two thousand
dollars ($2,000), thirty (30) days SUSPENSION and one (1) year PROBATION
which was levied by the Director should be upheld.
WHEREFORE by motion made, seconded, and passed unanimously by a
- vote of 5 -0, -there is hereby levied against Restaurant Mixed Drink Permit No. •
18(MAX) a FINE in the amount of two thousand. dollars ($2,000), in accordance
with the provisions of Act 790 of 1981. Said FINE is due and payable by
Check, Cashier's Check or Money Order at the offices of the ABC
Administration on or before the close of business on January 4, 2005. If said
FINE is not paid by such date, the aforementioned permit shall be SUSPENDED
until such time as the FINE is paid in full. It is further ORDERED that said
permit shall be placed on SUSPENSION for a pe
period of SUSPENSION to begin at 7:00 a
uninterrupted through 7:00 a.m. on
PROBATION for a period of one (1) y
ays, said
and continue
ced on
of PROBATION to begin on
January 4, 2005, and continue uninterrupted through January 4, 2005.
During such period of PROBATION and henceforth, the permitted business
establishment shall be operated in such a manner as to strictly conform to all
appropriate Alcoholic Beverage Laws of the State of Arkansas and Rules and
Regulations adopted by the Alcoholic Beverage Control Board.
DONE AT LITTLE ROCK, ARKANSAS, this 15TH day of December, 2004.
RF\ML\kb
oe L
1.N3P,12 1n, p agy
LZ :2114d 12 330 ti0
ClijA _J
ALCOHOLIC BEVERAGE CONTROL DIVISION
RON FULLER, CHAIRMAN
4
Robert S. Moore, Jr.
Director
Donald R. Bennett
Attorney
Milton R. Lueken
Attorney
STATE OF ARKANSAS
ALCOHOLIC BEVERAGE CONTROL DIVISION
1515 West 7th Street, Suite 503
Little Rock, Arkansas 72201
Telephone (501) 682-1105
Fax (501) 682-2221
IN THE MATTER OF:
RESTAURANT MIXED DRINK PERMIT NO. 18(MAX)
MIGUEL TORRES, PERMITTEE
DBA: CASA TORRES RESTAURANT
1673 N. COLLEGE AVENUE
FAYETTEVILLE, ARKANSAS
BOARD MEMBERS:
Ron Fuller, Chairman
Logan Hampton, Jr.
Tony Ellis
Patricia A. Cohee
J.J. Vigneault
ORDER PAID: 6 -a6 -os
There was considered by the Director, the matter pertaining to charges
filed against Restaurant Mixed Drink Permit No. 18(MAX), held by Miguel
Torres, Permittee, to do business as Casa Torres Restaurant, located at 1673 N.
College Avenue, Fayetteville, Arkansas. Said charges were as follows:
1.. That on or about March 23, 2005, your operator sold alcoholic
beverages to a minor, in violation of Ark. Code Ann. § 3-3-201 and
Section 3.19(4)A of the ABC Regulations, a Class B violation.
2. That on or about March 23, 2005, an inspection revealed that the
permitted outlet had no signed Server Awareness forms on file, in
violation of Section 1.79(31) of the ABC Regulations, a Class C.
violation.
The following findings are made, TO WIT:
That the permittee has failed to respond to an Offer of Settlement by the
response due date of May 5, 2005, and has thereby waived a hearing in the
matter.
Based on the above and foregoing findings, as well as filed pertinent
documents, it is concluded that there is sufficient substantial evidence
contained within the record to reflect that the alleged violations did, in fact,
occur. It is further concluded that the subject permit should be FINED in the
amount of six hundred dollars ($600.00), and placed on PROBATION for a
period of one (1) year.
•
NOW THEREFORE, by reason of the herein above stated conclusions, it
is hereby ORDERED that Restaurant Mixed Drink Permit No. 18(MAX) shall be
and the same is hereby FINED in the amount of six hundred dollars ($600.00),
in accordance with the provisions of Act 790 of 1981. Said FINE is due and
payable by Check, Cashier's Check or Money Order at the offices of the ABC
Administration on or before the close of business on June 7, 2005. If said FINE
is not paid by such date, -the aforementioned permit shall be SUSPENDED until
such time as the FINE is paid in full. It is further ORDERED that said permit
shall be placed on PROBATION for a period of one (1) year, said period of
PROBATION to begin on date, 2005, and continue uninterrupted through date,
2005. During such period of PROBATION and henceforth, the permitted
business establishment shall be operated in such a manner as to strictly
conform to all appropriate Alcoholic Beverage Laws of the State of Arkansas and
Rules and Regulations adopted by the Alcoholic Beverage Control Board.
You are hereby notified that you have the right to appeal this decision tc
the full Alcoholic Beverage Control Board within fifteen (15) days from the date
this ORDER is received.
DONE AT LITTLE ROCK, ARKANSAS, this 19th day of May,
ALCOHO C BEVERAGE CONTROL DIVISION
�.J
ROBERt S. MOORE, JR., DIR CTOR
RSM\ML\kb
STATE.OF ARKANSAS
ALCOHOLIC BEVERAGE CONTROL DIVISION
1515 West 7th Street, Suite 503
Little Rock, Arkansas 72201
Telephone (501) 682-1105
Fax (501) 682-2221
Robert S. Moore, Jr.
Director
Donald R. Bennett
Attorney
Milton R. Lueken
Attorney
IN THE MATTER OF:
RESTAURANT MIXED DRINK PERMIT NO. 18(MAX)
MIGUEL TORRES, PERMITTEE
DBA: CASA TORRES RESTAURANT
1673 NORTH COLLEGE AVENUE
FAYETTEVILLE, ARKANSAS
ORDER
BOARD MEMBERS:
Ron Fuller, Chairman
Logan Hampton, Jr.
Tony Ellis
Patricia A. Cohee
J.J. Vigneault
There was considered by the Director, the matter pertaining to a charge
l filed against Restaurant Mixed Drink Permit No. 18(MAX), held by Miguel
Torres, Permittee, to do business as Casa Tones Restaurant, located at 1673
North College Avenue, Fayetteville, Washington County, Arkansas. Said charge
was as follows:
That on or about October 24, 2005, a routine inspection revealed
that the permitted outlet had inadequate food service, in violation
of Section 4.6 of the ABC Regulations, a Class C violation.
2. That on or about January 4, 2005, an inspection of the outlet
revealed that it is closed for business and that the permit has
been abandoned, in violation of Section 1.81 of the ABC.
Regulations, a Class C violation. .
And from findings of fact deduced at a --Tearing held on January 30,
2006, the following findings are made, TO WIT:
That the permittee, Miguel Tones, was present at the hearing and
appeared pro se. It is further found that testimony was elicited from Arturo
Tones and Miguel Tones.
Based on the testimony elicited, it is found that there is sufficient
evidence contained within the record to reflect that the alleged violation number
one did occur.
Based on these findings, it is concluded that the subject permit should
be FINED in the amount of one hundred dollars ($100), and placed on
PROBATION for a period of six (6) months.
NOW THEREFORE, by reason of the herein above stated conclusions, it
is hereby ORDERED that Restaurant Mixed Drink Permit. No. 18(MAX) shall be
and the same is hereby FINED in the amount of one hundred dollars ($100.00),
in accordance with the provisions of Act 790 of 1981. Said FINE is due and
payable by Check, Cashier's Check or Money Order at the offices of the ABC
Administration on or before the close of business on March 7, 2006. If said
FINE is not paid by such date, the aforementioned permit shall be SUSPENDED
until such time as the FINE is paid in full. It is further ORDERED that said
permit shall be placed on PROBATION for a period of six (6) months, said
period of PROBATION to begin on March 7, 2006, and continue uninterrupted
through September 7, 2006. During such period of PROBATION and
henceforth, the permitted business establishment shall be operated in such a
manner as to strictly conform to all appropriate Alcoholic Beverage Laws of the
State of Arkansas and Rules and Regulations adopted by the Alcoholic Beverage
are hereby notified that you have the right to appeal this decision to
)holic Beverage Control Board within fifteen (15) days from the date
DONE AT LITTLE ROCK, ARKANSAS, this 16th day of February,
ALCOHOL BEVERAGE CONTROL DIVISION
ROBE W1 S. MOORE, JR., DI CTOR
RSM\ML\kb
STATE OF ARKANSAS
ALCOHOLIC BEVERAGE CONTROL DIVISION
1515 West 7th Street, Suite 503
Little Rock, Arkansas 72201
Telephone (501) 682-1105
Fax (501) 682-2221
Robert S. Moore, Jr.
Director
Donald R. Bennett
Attorney
Milton R. Lueken
Attorney
BOARD MEMBERS:
Ron Fuller, Chairman
Logan Hampton, Jr.
Tony Ellis
Patricia A. Cohee
J.J. Vigneault
IN THE MATTER OF:
RESTAURANT MIXED DRINK PERMIT NO. 18(MAX)
MIGULE TORRES, PERMITTEE
DBA: CASA TORRES RESTAURANT
1673 N. COLLEGE AVENUE
FAYETTEVILLE, ARKANSAS
ORDER
There was considered by the Director, the matter pertaining to a charge
filed against Restaurant Mixed Drink Permit No. 18(MAX), held by Migule
Tones, Permittee, to do business as Casa Torres Restaurant, located at 1673 N.
College Avenue, Fayetteville, Washington County, Arkansas. Said charge was
as follows:
That on or about August 10, 2006, a routine inspection revealed
that the permitted outlet had inadequate food service, in violation
of Section 4.6 of the ABC Regulations, a Class C violation.
The following findings are made, TO WIT:
That the permittee has failed to respond to an Offer of Settlement by the
response due date of November 2, 2006, and has thereby waived a hearing in
the matter.
Based on the above and foregoing findings, as well as filed pertinent
documents, it is concluded that there is sufficient substantial evidence
contained within the record to reflect that the alleged violation did, in fact,
occur. It is further concluded that the subject permit should be FINED in the
amount of two hundred dollars ($200.00), permit SUSPENDED for a period of
two (2) DAYS, and placed on PROBATION for a period of six (6) months. The
two (2) day period of SUSPENSION shall be held in abeyance for a period of
ninety (90) days. Should the permittee be cited for a violation of the same ABC
Regulation within the ninety (90) day period and be found guilty of the same,
the two (2) day period of SUSPENSION will be reinstated by the Director.
NOW THEREFORE, by reason of the herein above stated conclusions; it
is hereby ORDERED that Restaurant Mixed Drink Permit No. 18(MAX) shall be
and the same is hereby FINED in the amount of two hundred dollars ($200.00),
in accordance with the provisions of Act 790 of 1981. Said FINE is due and
payable by Check, Cashier's Check or Money Order at the offices of the ABC
Administration on or before the close of business on December 5, 2006. If said
FINE is not paid by such date, the aforementioned permit shall be SUSPENDED
until such time as the FINE is paid in full. It is further ORDERED that said
permit shall be placed on SUSPENSION for a period of two (2) days, and placed
on PROBATION for a period of six (6) months, said period of PROBATION to
begin on December 5, 2006, and continue uninterrupted through June 5, 2007.
During such period of PROBATION and henceforth, the permitted business
establishment shall be operated in such a manner as to strictly conform to all
appropriate Alcoholic Beverage Laws of the State of Arkansas and Rules and
Regulations adopted by the Alcoholic Beverage Control Board.
You are hereby notified that you have the right to appeal this decision to
the full Alcoholic Beverage Control Board within fifteen (15) days from the date
this ORDER is received.
DONE AT LITTLE ROCK, ARKANSAS, this 16th day of November, 2006.
ALCOHOLI BEVERAGE CONTROL DIVISION
ROBERT S. MOORE, JR., DIRE TOR
RSM \ML\kb
3
2
FAYETTEVILLE POLICE DEPARTMENT Date: 12/04/2006
100A WEST ROCK STREET FAYETTEVILLE, AR 72701 Page: 1
Case Description: Case Number: 2003-00085988
INFORMATION REPORT
Primary Victim: NONE
Date/Time Reported: 08/31/03 3:20 Hrs. Dispatch Incident Type:
Date/Time Occurred: 08/31/03 3:20 Hrs. Disturbanc
Date/Time Between : 08/31/03 3:20 Hrs.
Location Occurred : 1673 N COLLEGE AVE
Nature of Call : 20 PPL FIGHTING. .KEY
Area: Area 5 Section: Section K Grid:
Reporting Officer : 158 OSWALT,PRESTON,R,
Primary Unit Assigned to Investigate: Patrol 3
Case Status: Exc. Clear Disposition:
SUBJECTS:
Informatnl : Present Information
CASA TORRES
1673 N COLLEGE AVE
FAYETTEVILLE
AR 72703
Disp. Date:
Phone: 479-521-1996
Property:
Item Number
1 Subject #: Subject Type:
� Evidence #
0305041
Property Code :
Other Property Type : Other
Date Received :
08/31/03 Initial Value
.00
Date Recovered:
Recovered Value:
.00
RFOJ?: N Notify
Owner Date: Notified How?:
Prp Loc . . . .
Bin : Disp/Date:
Year/Desc . : 0000
BAT, BASEBALL METAL
Quantity . .
1.000 EA Model/Style:
Registratn# :
State : Expires
Case Associations:
Case #
ORI Relationship
200300088718
AR0720100 Primary
Dispatch Narrative
Information on the units
assigned to the call follows.
Unit#: 325 Radio#:
325 Ofcr 1: 233 Ofcr 2:
233
DSP:
ARV: 08/31/03 03:20 CLR: 08/31/03
03:35
Unit#: 323 Radio#:
323 Ofcr 1: 267 Ofcr 2:
267
DSP:,'08/31/03 03:20
ARV: CLR: 08/31/03
03:28
Unit#: 327 Radio#:
327 Ofcr 1: 253 Ofcr 2:
253
DSP: 08/31/03 03:20
ARV: 08/31/03 03:21 CLR: 08/31/03
03:37
Unit#: 330 Radio#:
330 Ofcr 1: 260 Ofcr 2:
260
DSP: 08/31/03 03:20
ARV: 08/31/03 03:27 CLR: 08/31/03
03:37
Unit#: 324 Radio#:
324 Ofcr 1: 208 O£cr 2:
208
DSP:
ARV: 08/31/03 03:21 CLR: 08/31/03
03:35
Unit#: 328 Radio#:
328 Ofcr_1: 259 Ofcr 2:
259
FAYETTEVILLE POLICE DEPARTMENT
100A WEST ROCK STREET FAYETTEVILLE,
Case Description:
INFORMATION REPORT
DSP: : ARV: 08/31/03
Unit#: K90 Radio#: 000 Ofcr 1:
DSP: ARV: 08/31/03
MAIN SUSP WEARING WHI SLEEVELSS SHIRT. .KEY
Date: 12/04/2006
AR 72701 Page: 2
Case Number: 2003-00085988
03:23 .CLR: b8/31/03 03:37
158 Ofcr 2: 158
03:23 CLR: 08/31/03 03:37
3:23:16
On 8-31-03 at 3:20 am, several Officers were dispatched to 1673 N. College
Avenue, which is Casa Tones, reference a fight involving approximately twenty people.
Upon our arrival, Officer Denton spoke with a victim in the -case and advised that he had
been jumped by several subjects. I then went into the club and was looking for the
subjects involved by the descriptions that the victim had given. While inside I did notice
that there were several people that were dancing and had alcoholic beverages in their
hand while they were dancing. I also noticed several folks that were sitting at tables and
had alcoholic beverages in front of them as well. I made a note of this and advised
Sergeant Harter. He advised at this point that we needed to contact ABC (Alcohol
Beverage Control).
On 9-7-03 at 3:01 am, Sergeant Harter, Officer Hughes, Officer Crafton, Officer
Denton, and I went to do a business check at 1673 N. College to see if there was alcohol
being served after hours. We entered the club and it was my observation that several
subjects that were dancing had alcoholic beverages in front of them and sitting around
several tables there were subjects drinking alcohol. Sergeant Harter spoke with a subject
that had an alcoholic beverage in his hand and he advised that he had bought it
approximately five minutes ago.
Transcribed by A Reznicek
FAYETTEVILLE POLICE DEPARTMENT Date: 12/04/2006
100A -WEST ROCK STREET FAYETTEVILLE, AR 72701 Page: 1 1
Case Description: Case Number: 2003-00088718
INFORMATION REPORT
Primary Victim: STATE OF ARKANSAS,,,
Date/Time Reported:
Date/Time Occurred:
Date/Time Between :
Location Occurred :
Area: Area 5
Reporting Officer :
Primary Unit Assigr.
09/07/03 3:01 Hrs. Dispatch Incident Type
09/07/03 3:01 Hrs. Busn CK
09/07/03 3:01 Hrs.
1673 N COLLEGE AVE
Section: Section K Grid:
152 HARTER,JAMES,W,
ed to Investigate: Patrol 3
Case Status: Exc. Clear Disposition: ExcptAdult Disp. Date: 09/07/03
No. of Offenses: No. of Offenders: 2 No. of Victims: 1
SUBJECTS:
Suspect. . : Present Information
Primary •CASA TORRES Phone: 479-521-1996
Suspect 1673 N COLLEGE AVE
FAYETTEVILLE AR 72703
.-\ Suspect . : Present Information
JI Primary TORRES,ARTURO „ Phone: 479-502-0096
Suspect 4106 WATKINS AVE
SPRINGDALE AR 72762
Race : Hispanic Sex: Male D.O.B: 07/19/68 Age: 38
Hgt : 508" Wgt: 200 Hair: Black Eyes . . : Brown
Build: Medium Complexion: Ethnicity: Hispanic
Dr Lie #: 619165104 St: AR Soc Sec #: 619-16-5104
Additional Contact Information:
HomePhone# 05/14/06 479-502-0096
HomePhone# 05/04/05 479-313-0354
HomePhone# 11/22/04 479-750-7471
WorkPhone# 11/22/04 479-582-9500
School/Business Information:
,CASA TORRES,,,
1673 N COLLEGE AVE
FAYETTEVILLE
Residence Type : Unknown
Statement Type : Verbal
Victim . . : Present Information
Primary STATE OF ARKANSAS
Government
Phone: 479-521-1996
AR 72703
Residence Status : Unknown
Related Offenses :
Phone: 999.-999-9999
FAYETTEVILLE POLICE DEPARTMENT Date: 12/04/2006
100A WEST ROCK STREET FAYETTEVILLE, AR 72701 Page: 2
Case Description: Case Number: 2003-00088718
INFORMATION REPORT
Additional Contact Information:
WorkPhone# 02/04/03 999-999-9999
WorkPhone# 11/11/02 479-587-3555
WorkPhone#.10/14/02 479-587-3555
Case Associations:
Case #
ORI
Relationship
200300085988
AR0720100
Associated
Dispatch Narrative
Information on the units
assigned
to the call
follows.
Unit#: K90 Radio#:
000
Ofcr 1:
158
Ofcr 2:
158
1 DSP:
ARV:
09/07/03 03:01
CLR:
09/07/03
03:28
Unit#: 321 Radio#:
321
Ofcr 1:
152
Ofcr 2:
152
DSP:
ARV:
09/07/03 03:01
CLR:
09/07/03
03:29
Unit#: 330 Radio#:
330
Ofcr 1:
253
Ofcr 2:
253
DSP:
ARV:
09/07/03 03:01
CLR:
09/07/03
03:29
Unit#: 329 Radio#:
329
Ofcr 1:
259
Ofcr 2:
259
DSP:
ARV:
09/07/03 03:01
CLR:
09/07/03
03:26
Unit#: 325 Radio#:
325
Ofcr 1:
208
Ofcr 2:
-
208
DSP:
ARV:
09/07/03 03:04
CLR:
09/07/03
03:26
Sergeant Harter #152
Informational Report
Case #03-88718
9-7-03
On 9-7-03 at 3:20 am, Officers had been outside dealing with subjects at the Casa
Tones of 1673 N. College Avenue. I was there with Officer Oswalt, Officer Denton,
Officer Crafton, and Officer Hughes, all of the night shift. Prior to our response to this
location, Officer Oswalt had informed me of a problem with this bar operating and
serving beer after hours of operation on previous times. That was our purpose for going
on this date. Prior to 3:20 am, while we were outside checking subjects, I observed two
people that apparently worked at the business come to the rear of the business and make
eye contact with us and then rush back to the front of the business. At this time, I
signaled to my Officers to go to the front. At the front of the building, I observed a
Hispanic male drinking a bottle of beer outside. He tried to conceal this beer. I'm not
sure if he tried to conceal it due to where he was drinking it outside of the establishment
or if he was concealing it for drinking it after hours of operation based on my
observations of other people at a later time inside the bar. I felt the beer, which was a
bottle of beer from Mexico, and felt that the bottle was ice cold and the beer was almost
entirely full. In order to make entry, I had the subject meet with Officer Hughes to
discuss the issues further. (Note: Officer Hughes later told me that the subject drinking
the beer stated that he had purchased it inside Casa Tones five minutes prior to my
contact with him).
I motioned for Officer Denton to come inside the bar with me and radioed to
Oswalt that we were going inside. I encountered a locked door to the front. The workers
did not take long opening the door for us and we entered. At 3:30 AM the bar was full of
individuals dancing and the music was loud and the lighting was very dim. It was very
dark inside. I noticed one child asleep upon entrance to the right. This child was about
four years of age. Several subjects were drinking. I went up to the bar. I noticed that the
bar was covered with drinks, both bottles and glasses. I found one new bottle of beer that
was ice cold, it appeared to be full of beer and because of it being so cold it also appeared
to have been sold very recently, moments ago. Apparently nobody claimed ownership of
this beer. I then saw a Hispanic male subject seated across the room drinking a bottle of
beer.. I went over to him and felt the beer. This beer was also ice cold and was also
almost full. This subject stated that the beer had been purchased for him over an hour
ago. This was not logical to how cold the beer bottle was. Officer Denton identified this
subject as Gilberth Jonathan Bu (DOB: 5-23-80) with a Texas Driver's License.
I, then, asked for the manager and was introduced to a person identifying himself
as Arturo Tones (DOB:7-19-68). I asked him if he was the permitee with the ABC
(Alcohol Beverage Control) and Mr. Tones stated he was the son of the permitee. I
asked for Identification and Mr. Tones stated that he did not have it inside the club with
him, but had it in his vehicle. I informed Mr. Tones that his business was in violation
and that I had identified three ice cold beers that were being consumed at the hour of 3:20
am and told him that none of that could be going on after the hour of 2:00 am. Mr.
Torres was argumentative and was argumentative about the facts of the beer. He stated
that Officers had lied on his bar during the last ABC violation that he was written upon.
He made reference to Officers lied about where the activity occurred in regards to being
•on his property or off. I informed Torres that any reasonable person would admit that
these beers were sold after the hour of 2:00 am due to how cold they were. Mr. Torres
claimed that they were served before the hours of 2:00 am. This made me believe that
Mr. Tones was somewhat familiar with the ABC laws in reference to hours of operation
and having to close before 2:00 am, although apparently Mr. Torres does not realize that
beers can not be possessed or consumed after 2:00 am and not just sold or dispensed. Mr
Torres finished argumentative over what I was telling him and would not listen to reason.
After making my point, we left the bar. On the way out, Mr. Tones ran over to the
microphone and said something in Spanish that got a response from the crowd. At this
time; we left the bar.
After 3:20 am, Officer Denton and I waited up in the park at McDonald's until
4:00 am. We noticed that the bar let out very quickly after we had been inside. This was
a further sign to me that the bar had been dispensing alcohol prior to our arrival at 3:20
am and that people left the bar when they realized they could not consume alcohol any
more if indeed the Casa Tones workers had ceased on their sales of beer after our arrival
and warning to them.
It should be noted that Mr. Tones spoke English very well, and had no trouble
conversing with me inside the bar.
A copy of this report and a copy of a related report Officer Oswalt is making
(#2003-85988) will be sent to the ABC agent regarding potential violations for
dispensing alcohol and possessing alcohol after hours.
Transcribed by A Reznicek
T)
FAYETTEVILLE POLICE DEPARTMENT Date: 12/04/2006
100A WEST ROCK STREET FAYETTEVILLE, AR 72701 Page: 1
Case Description: Case Number: 2003-00114124
INFORMATION REPORT
Primary Victim: NONE
Date/Time
Reported:
11/16/03
3:54
Hrs.
Dispatch Incident Type:
Date/Time
Occurred:
11/16/03
3:54
Hrs.
Disturbanc
Date/Time
Between :
11/16/O3
3:54
Hrs.
-
Location
Occurred :
1673 N COLLEGE
AVE
Nature of
Call :
MALES THAT ARE
TRYING
TO GET INTO THE
Area: Area
5
Section:
Section K
Grid:
Reporting Officer : 259 CRAFTON,CAMERON,Q,
Primary Unit Assigned to Investigate: Patrol 3
Case Status: CloseInAct Disposition:
SUBJECTS:
Informatnl : Present Information
CASA TORRES
1673 N COLLEGE AVE
FAYETTEVILLE
Informatnl : Present Information
.,�--� TORRES, ARTURO, ,
4106 WATKINS AVE
SPRINGDALE
Race : Hispanic Sex: Male
Hgt : 5'08" Wgt: 200 Hair:
Build: Medium Complexion:
Dr Lic #: 619165104
1iisp. Date:
Phone: 479-521-1996
AR 72703
Phone: 479-502-0096
AR 72762
D.O.B: 07/19/68 Age: 38
Black Eyes . . : Brown
Ethnicity: Hispanic
St: AR Soc Sec #: 619-16-5104
Additional Contact Information:
HomePhone# 05/14/06 479-502-0096
HomePhone# 05/04/05 479-313-0354
HomePhone# 11/22/04 479-750-7471
WorkPhone# 11/22/04 479-582-9500
School/Business Information:
CASA TORRES,,, phone: 479-521-1996
1673 N COLLEGE AVE
FAYETTEVILLE AR 72703
Residence Type : Unknown Residence Status : Unknown
Statement Type .: Verbal Related Offenses :
Dispatch -Narrative
Information on the units assigned to the call follows.
Unit#: 327 Radio#: 327 Ofcr 1: 270 Ofcr 2: 270
DSP: 11/16/03 03:56 ARV: 11/16/03 03:59 CLR: 11/16/03 04:06
Unit#: 324 Radio#: 324 Ofcr 1: 259 Ofcr 2: 259
1 DSP: 11/16/03 03:56 ARV: 11/16/03 03:59 CLR: 11/16/03 04:06
FAYETTEVILLE POLICE DEPARTMENT Date: 12/04/2006
100A WEST ROCK STREET FAYETTEVILLE, AR 72701 Page: 2
Case Description: Case Number: 2003-00114124
INFORMATION REPORT
RESTAURANT AND ARE HIGH...KMV
3:55:26
THERE IS A LARGE GROUP OF H/MS...KMV
3:55:39
THE 1 CAUSING THE PROBLEMS IS WEARING A WHI SHIRT AND BLU
3:56:03
JEANS...KMV
3:56:05
NO CIS...KMV
3:56:19
THE CALLER ADV THEY ARE OUTSIDE...KMV
3:56:44
UNK VEH DESC THAT HE CAME...KMV
3:57:04
CRAFTON #259
Informational Report
Case #03-114124
11-16-03
On 11-16-03 at approximately 3:55 am, I responded.to Casa Torres at 1673 N.
College for a report of a disturbance. Upon my arrival, I questioned several Hispanic
subjects outside the building, none of whom claimed to have seen anything happen.
I next spoke with a Hispanic male who I knew to be the manager of Casa Torres,
Arturo Tones. I asked him if he had seen anything happening and he said no. I asked
him if anybody was inside the bar and hurt and he said no. I asked him if I could look
inside to make sure everyone was okay and he said yes. I entered.the bar and observed
several subjects dancing and several subjects sitting at various tables. All of the tables
that I saw had beer bottles and empty glasses on them.
I could not say whether the bottles still contained alcohol. I observed a Hispanic
male in a red shirt take a drink out of a beer bottle and approached him. I asked to see the
bottle and the male handed it to me. The bottle was approximately one quarter full and
the bottom of the bottle was still slightly cold.
I asked Tones when he stopped serving alcohol and he said 2:00 am. I asked him
why this citizen was drinking a cold beer at 4:00 am and he said that the bottle was not
cold and the customers could buy several drinks at once when he had last call. I did not
find the incident that I originally had been looking for. I left the bar.
Transcribed by A Reznicek
FAYETTEVILLE POLICE DEPARTMENT Date: 12/04/2006
100A WEST ROCK STREET FAYETTEVILLE, AR 72701 Page: 1
Case Description: Case Number: 2003-00119099
INFORMATION REPORT
Primary Victim: NONE
Date/Time Reported:
Date/Time Occurred:
Date/Time Between :
Location Occurred :
Area: Area 5
Reporting Officer :
Primary Unit Assigr
11/30/03 2:46 Hrs. Dispatch Incident Type
11/30/03 0:00 Hrs. PD -BUSN
11/30/03 0:00 Hrs.
1673 N COLLEGE AVE
Section: Section K Grid:
158 OSWALT,PRESTON,R,
ed to Investigate: Patrol 3
Case Status: Exc., Clear Disposition: ExcptAdult Disp. Date: 12/05/03
SUBJECTS:
Informatnl : Present Information
CASA TORRES Phone: 479-521-1996
1673 N COLLEGE AVE
FAYETTEVILLE AR 72703
Dispatch Narrative
Information on the units assigned to the call follows.
Unit#: K90 Radio#: 000 Ofcr 1: 158 Ofcr 2: 158
DSP: ARV: 11/30/03 02:46 CLR: 11/30/03 03:09
Unit#: 327 Radio#: 327 Ofcr 1: 208 Ofcr 2: 208
DSP: ARV: 11/30/03 02:46 CLR: 11/30/03 03:11
• Unit#: 321 Radio#: 321 Ofcr 1: 152 Ofcr 2: 152
DSP: 11/30/03 02:52 ARV: 11/30/03 02:52 CLR: 11/30/03 03:11
OSWALT#158
#03-119099
INFORMATIONAL (Serving Alcohol After Hours)
11/30/03
On 11/30/03 at 2:46am, Officer Hughes and I checked out at 1673 N College to
see if there was any alcohol being served after hours. We walked into the business, which
is a dance club, and I noticed beer bottles out on the tables and I did notice subjects
holding bottles of alcohol in their hand after 2am.
While we were in the business, the DJ was making announcements that I was
unable to understand that was made in Spanish. We made our observations and left
outside to meet with Sgt. Harter. While outside, the owner of the club came out to one
security guard and was talking to him and the security guard advised him that he did not
see us pull up and did not know where we parked. Under the comment that they made, I
assumed that the security was supposed to let the owner know that we were there if we
drove up to let him know.
While Officer Hughes, Sgt. Harter and I were outside, we noticed a subject walk
outside to the dumpster with a white trashcan that was filled with beer bottles. We then
went back inside and at that point, we noticed that the workers had cleaned off the beer
bottles but I then located three subjects holding Styrofoam cups that contained alcohol. I
advised the security officer inside that there were three subjects at the south end of the
building had Styrofoam cups with alcohol that needed to be disposed of. We then
exited the building and noted the violations.
Transcribed By: D Harris
FAYETTEVILLE POLICE DEPARTMENT Date: 12/04/2006
100A WEST ROCK STREET FAYETTEVILLE, AR 72701 Page: 1
Case Description: Case Number: 2004-00068184
BATTERY
Primary Victim: TRAVINO,DIANA,,
Date/Time
Reported:
07/04/04 418 Hrs.
Dispatch Incident Type:
Date/Time
Occurred:
07/04/04 4:00 Hrs.
Assist.
Date/Time
Between :
07/04/04 4:18 Hrs.
Location
Occurred :
1673 N COLLEGE AVE
Nature of
Call . :
CALLER WANTS -TO SEE
AN OFC, B/C HER FRIEND
Area: Area
5
Section; Section K
Grid:
Reporting Officer : 270. CARLTON,SCOTT,M,
Primary Unit Assigned to Investigate: Patrol 3
Case Status: Open/Actv Disposition: Open Disp. Date: 07/04/04
Offense Number: 1
Crime Code: 0013B SIMPLE ASSAULT
Statute : 5-13-203. .
Stat Desc : BATTERY III
Location Type : OfficeBldg
Type of Weapon : Hands Feet
Statute ORI/Group . : S
Counts . . . . . . : 001
Offense Date . . . : 07/04/2004
Abandoned Structure : NO UCR Return A . . . : Aslt Other
SUBJECTS:
Suspect
Present
Information
Primary
UNKNOWNOO SUSPECT,,,
Suspect
- UNKNOWN
UNKNOWN
Race :
Unknown
Sex: Unknown
Build:
Complexion:
Dr Lic
#:
School/Business Information:
Residence Type : Unknown
Statement Type
` Victim . . : Present Information
Primary TRAVINO,DIANA „
Individual 1305 CRUTCHER ST.
SPRINGDALE
Race : Hispanic Sex: Female
Attempted/Committed : Committed
Criminal Activity
Weapon Feature
Agg Aslt/Homc Crcmst:
Larceny/Theft Offnse:
Victim Drug Related :
Property Damage . .
UCR Stolen Property :
Phone:
UK
D.O.B: Age:
Ethnicity: Unknown
St: Soc Sec 4: 000-00-0000
Residence Status : Unknown
Related Offenses : 1
Phone: 832-418-1263
AR 72764
D.O.B: 10/28/65 Age: 41
FAYETTEVILLE POLICE DEPARTMENT Date: 12/04/2006
100A WEST ROCK STREET FAYETTEVILLE, AR 72701 Page: 2
Case Description: Case Number: 2004-00068184
BATTERY
Hgt : 5'08" Wgt: 220 Hair:
Build: Complexion:
Dr Lic #:
Residence Type : County
Extent of Injury: Minor
Injury Type . . : App Minor
Statement Type : Verbal
VICTIM OFFENDER RELATIONSHIPS:
UNKNOWNOO SUSPECT,,,
Eyes . . :
Ethnicity: Hispanic
St: Soc Sec #: 000-00-0000
Residence Status : Non -Res
Medical Treatment:
Injury Type
Related Offenses : 1
NoRelation
Witness : Present Information
TOBIAS,KEENA,A, phone: 870-478-6266
104 ODELL PL
GREEN FOREST AR 72638
Race : White (NH) Sex: Female D.O.B:` 11/04/72 Age: 34
Hgt : 508" Wgt: 230 Hair: Eyes . . .
Build: Complexion: Ethnicity: Non-Hisp
Dr Lic #: 913812101 St: AR Soc Sec #: 000-00-0000
Informatnl : Present Information
TORRES,ARTURO,,
4106 WATKINS AVE
SPRINGDALE
Race : Hispanic Sex: Male
Hgt : 5'08" Wgt: 200 Hair:
Build: Medium Complexion:
Dr Lic #: 619165104
Phone: 479-502-0096
AR 72762
D.O.B: 07/19/68 Age: 38
Black Eyes . . : Brown
Ethnicity: Hispanic
St: AR Soc Sec #: 619-16-5104
Additional Contact Information:
HomePhone# 05/14/06 479-502-0096
HomePhone# 05/04/05 479-313-0354
HomePhone# 11/22/04 479-750-7471
WorkPhone# 11/22/04 479-582-9500
School/Business Information:
CASA TORRES,,, phone: 479-521-1996
1673 N COLLEGE AVE
FAYETTEVILLE AR 72703
Dispatch Narrative
Information on the units assigned to the call follows.
Unit#: 328 Radio#: 328 Ofcr 1: 270 Ofcr 2: 270
DSP: 07/04/04 04:18 ARV: 07/04/04 04:21 CLR: 07/04/04 05:09
Unit#: 325 Radio#: 325 Ofcr 1.: 262 Ofcr 2: 262
DSP: ARV: 07/04/04 04:33 CLR: 07/04/04 0509
Unit#: K90 Radio#: 000 Ofcr 1: 158 Ofcr 2: 158
DSP: ARV: 07/04/04 04:55 CLR: 07/04/04 05:09
TOOK HER KEYS AND SHE DOESN'T LIVE HERE AND SHE WANTS TO GO 4:18:33
"HOME, THE PEOPLE SHE IS WITH ARE C2..MRS - 4:18:47
)CALLER IS WEARING RED/WHI SHIRT AND BLK PANTS..MRS - 4:18:59
FAYETTEVILLE POLICE DEPARTMENT Date: 12/04/2006
100A WEST ROCK STREET FAYETTEVILLE, AR 72701 Page: 3
Case Description: - Case Number: 2004-00068184
BATTERY
^THE SUSP WHO POSS HAS HER KEYS IS WEARING A DRESS..MRS 4:20:05
:bALLER SOUNDS VERY C2..MRS 4:20:44
Carlton #270
Battery3r°
Case #2004-68184
07/04/04
On 07/04/07 at approximately 4:00 am, I responded to Baldaras on N. College in
reference to an assist. Central Dispatch Center advised that a subject there had lost her
keys and was having trouble locating them. Upon arrival I observed a large crowd of
people standing in the parking lot. A female, identified as Diana Travino, 1/028/65, ran
up to me. I noticed that she had a bloody nose and her face was swollen. There was a
small knot on her left temple and she was complaining of chest pain. I asked if she
needed an ambulance, which she declined.
Travino stated that she had been inside the club when four Hispanic males jumped
her for no reason. Subjects held her to the ground and beat her up. The bouncers then
forced her from the club and allowed the other subjects to go freely. Keena Tobias,
11/04/72, was standing nearby when the incident occurred. She said the attack was
unprovoked, and Travino and Keena both agreed it could have possibly been because
Travino was a homosexual. Travino was extremely intoxicated and belligerent. She
began cursing at me and also Arturo Tones, the manager of the bar; who was standing
close by. I warned her several times if she did not calm down that she would be placed
under arrest for Public Intoxication. She calmed down for the moment.
Travino wanted me to take pictures of her injuries. I offered to use the videotape
on my Motor Vehicle Recorder unit to record her injuries, so it could be later logged into
evidence to show her injuries. Travino said that wouldn't be necessary and she refused to
do so. Travino said, "I just walked in there and slapped down forty dollars to buy a
twelve pack for the road." This indicated to me she was claiming to have purchased beer
to go after hours. After taking her information, her sister-in-law was standing close by
and she agreed to take her home.
I then located and contacted Arturo Torres, manager of Baldaras, outside of the
club. He advised that he was near the bar working when several people came up to him
and said that there were subjects fighting inside. He did not see the fight, but he knew
Diana Travino was escorted outside because he followed the bouncers out there with her.
He said that she began cursing him and making threats towards several people outside.
After speaking with Mr. Tones I checked inside the club for any other possible witnesses.
I failed to locate any witnesses. Cpl. Oswalt and Officer Dearing were there to assist me.
While in the club, I observed several bottles of beer on every table. These tables were
located near the walls inside. Persons were seated at these tables. The hour was 4:30
A.M. Outside, I observed several intoxicated subjects that had patronized the club.
These subjects were having difficulty standing on their own, and several of them were
leaning against the wall and against vehicles.
At approximately 6:00 am dispatch advised that Ms. Travino was on the phone. I
spoke with her again and she informed me that during the incident a wallet of her was
stolen containing $900.00 in cash. I asked her where the money was kept at and she said
it was in a brown billfold in her back right pocket. I asked her what she was doing with
such a large sum of money in her possession. She said that she was about to go back out
on the road and often carried large amounts of cash with her. She said she noticed the
money was gone when she stopped at Walgreen's to get a camera to document her
injuries, and she could not find her billfold. She said inside of the missing wallet was her
driver's license and the money. After I spoke with her she then requested to speak to my
Sergeant.
I advised him of the situation and sat by while he spoke with her on
speakerphone. She told him that the money was not important to her and she mentioned
now that the number was $800.00 in cash. She felt that the Police Department was not
doing anything to assist her. She wanted to know what would be done from there. Sgt.
Curtis advised her the case would be turned over to the detectives and the best thing she
could do would be to wait patiently and get some rest.
Transcribed by HJeffries
Officer Dearing #262
Case Supplement #04-68184
7-4-04
On Sunday, 7-4-04, at approximately 4:30am, Corporal Oswalt and I responded to
Baldaras Restaurant (1673 N. College Avenue) to assist Officer Carlton who was out in
the parking lot of the bar taking a report of a battery. Upon arrival, I observed many,
many patrons outside the bar that were extremely intoxicated. They were holding
themselves up on walls and vehicles. Even though the establishment is supposed to stop
serving alcohol at 2:00am, it was well after 4:00am and there were many extremely .
intoxicated patrons outside the bar. As Officer Carlton was questioning the victim of his
battery, Diana Travino, I began speaking to her as well as another female had approached
Officer Carlton. Ms. Travino stated that she "just walked in the bar and gave them $40 to
buy a twelve -pack for the road." She stated that there was a lot of alcohol sales after the
specified time for stopping serving alcohol. I don't' know all of the details about her
case, but at this point Corporal Oswalt and I decided to go into the bar. Supposedly Ms.
Travino had lost her keys in the bar so we were going to go in there also and search the
bar for her keys.
As Corporal Oswalt and I entered the bar Officer Carlton was not far behind us.
We walked in and it was approximately 4:45am. There were beer bottles that were half
full, some of them almost completely full, out on several of the tables in the bar. Most of
the patrons were outside; however, there were still some gentlemen crowded around
some tables that had alcohol on them. As we looked for the keys, I observed on just
about every table glasses and bottles with alcohol. The table that the gentleman were
sitting at over in the corner had alcohol when we first moved in; however, when we came
in the door they took them off of the table tops and set them down in the booths beside
them.
At this time this is the only observation that I had. It was decided between the
three of us that we would come back at a later time to check further infractions of the
Alcohol Beverage Commission. Laws.
Transcribed by A Reznicek
FAYETTEVILLE POLICE DEPARTMENT Date: 12/04/2006
100A WEST ROCK STREET FAYETTEVILLE, AR 72701 Page: 1
Case Description: Case Number: 2004-00070845
INFORMATION REPORT
Primary Victim: NONE
Date/Time Reported:
Date/Time Occurred:
Date/Time Between :
Location Occurred :
Area: Area 5
Reporting Officer :
Primary Unit Assigr
07/11/04 3:04 Hrs. Dispatch Incident Type
07/11/04 0:00 Hrs. Busn CK
07/11/04 0:00 Hrs.
1673 N COLLEGE AVE
Section: Section K Grid:
158 OSWALT,PRESTON,R,
ed to Investigate: Patrol.3
Case Status: Open/Actv Disposition: Open Disp. Date: 07/11/04
SUBJECTS:
Informatnl
Present
Information
CASA TORRES
Phone:
479-521-1996
1673 N
COLLEGE AVE
FAYETTEVILLE
AR 72703
Dispatch Narrative
Information on the
units
assigned to the call
follows.
Unit#: K90
Radio#:
000 Ofcr 1:
158 Ofcr 2:
158
DSP:
ARV: 07/11/04 03:04
CLR: 07/11/04
03:36
Unit#: 324
Radio#:
324 Ofcr 1:
265 Ofcr 2:
265
DSP:
ARV: 07/11/04 03:05
CLR.; 07/11/04
03:37
1
OSWALT#158
#04-70845
INFORMATIONAL (SERVING ALCOHOL AFTERHOURS)
07/11/04 `
On 07/11/04, Officer Lindabury and I went to Balderas Mexican Restaurant &
Club which is located at Sycamore and College to check to see if there has been a
violation of serving alcohol after hours after receiving complaints from subjects.
At 3:20am on 07/11/04, we entered the business and as soon as I walked in, I
noticed a Hispanic male sitting left of the DJ booth where Mr. Tones the owner was
located drinking a Budweiser beer in a bottle. I then continued on through the club and
then into the back close to the bar, and I saw a Hispanic female drinking a Corona at this
point.
While inside, there was an announcement made over the speaking in Spanish and
at that point, I did notice that people were starting to get rid of the alcohol that they were
having. There were bottles still on the table as far as I know if they were full or had any
alcohol in them. After seeing the violation, I walked back outside and contacted Sgt.
Harter and let him know the situation, and I spoke with Mr. Tones about the situation
that he was serving alcohol after 2am. Mr. Tones tried to give excuses that some of the
subjects may be trying to hide the beer after 2am and then bring it back out. I explained
to him that it was his responsibility as an owner to make sure that the alcohol was
J completely gone after 2am; that there were no bottles or any type of alcohol on the tables.
After being outside for approximately 5 minutes speaking with Torres, I advised
him that I was going to make another pass through his restaurant and club to make sure
there was no more alcohol. It was then at that time that I had been outside that his staff
had completely taken all the bottles that were out in the tables earlier when I first arrived
they were completely gone. At that point I advised Mr. Torres that they had it completely
removed within 5 minutes and asked why they couldn't have had it completely removed
at 2am.
Transcribed By: D Harris
• FAYETTEVILLE POLICE DEPARTMENT Date: 12/04/2006
100A WEST ROCK STREET FAYETTEVILLE, AR 72701 Page: 1
Case Description: Case Number: 2004-00075891
INFORMATION REPORT
Primary Victim: NONE
Date/Time Reported:
07/25/04
3:32
Hrs.
Dispatch Incident Type:
Date/Time Occurred:
07/25/04
3:32
Hrs.
PD BUSN
Date/Time Between :
07/25/04
3:46
Hrs.
Location Occurred :
1673 N COLLEGE
AVE
Area: Area 5
Section:
Section K
Grid:
Reporting Officer : 262 DEARING,LAWRENCE,WAYNE,
Case Status: Open/Actv Disposition: Open Disp. Date: 07/25/04
SUBJECTS:.
Informatnl : Present Information .
BALDERAS Phone:
1673 N COLLEGE AVE
FAYETTEVILLE AR 72703
Informatnl : Present Information
TORRES,ARTURO,, Phone: 479-502-0096
4106 WATKINS AVE
---� SPRINGDALE AR 72762
Race : Hispanic Sex: Male D.O.B: 07/19/68 Age: 38
Hgt : 5108" Wgt: 200 Hair: Black Eyes : Brown
Build: Medium Complexion: Ethnicity: Hispanic
Dr Lic #: 619165104 St: AR Soc Sec #: 619-16-5104
Additional Contact Information:
HomePhone# 05/14/06 479-502-0096
HomePhone# 05/04/05 479-313-0354
HomePhone# 11/22/04 479-750-7471
WorkPhone# 11/22/04 479-582-9500
School/Business Information:
CASA TORRES,,, phone: 479-521-1996
1673 N COLLEGE AVE
FAYETTEVILLE AR 72703
Dispatch Narrative
Information on the units assigned to the c
Unit#: K90 Radio#: 000 Ofcr 1:
DSP: ARV: 07/25/04
Unit#: 322 Radio#: 322 Ofcr 1:
DSP: ARV: 07/25/04
K90 ADV THERE WAS ABC VIOLATIONS..ELD
all follows.
158 Ofcr 2: 158
03:32 CLR: 07/25/04 03:46
262 Ofcr 2: 262
03:32 CLR: 07/25/04 03:46
DEARING #262
Case Narrative 04-75891
Informational (on ABC violations for Balderas Mexican Bar/Casa Torres)
07/25/04
On Sunday, July 25, 2004 at approximately 3:30am, Corporal Oswalt and I decided to go
to Baldera's Mexican Bar and Grill to check on their compliance to ABC regulations.
We have had many problems with this establishment in the past such as allowing
underage drinking, the sale of alcohol after legal hours and allowing patrons who are
extremely intoxicated to leave the bar and drive home in vehicles. As we walked inside
the bar, I observed bottles of beer and bottles of alcohol on almost every table in the
room. The dance floor was full of people. We walked straight up to the bar as the
bartenders were throwing the bottles away. Corporal Oswalt took a beer right out of a
patron's hand as he was drinking it.
At first, we were unnoticed and observed the drinking of alcoholic beverages going on all
over the bar. But, then, as they noticed us, the patrons began to take the bottles and
glasses from their tables and place them on the floor under their tables. I picked up
several of these bottles, a Corona and a Budweiser and noticed that they were more than
half full and still extremely cold in spite of the hour of 3:30am, being an hour and a half
after alcohol was supposed to have stopped being served. We approached the DJ booth
where owner, Arturo Tones was playing the music. Corporal Oswalt asked him if he
knew why were we there and he said, "Yes but there is no alcohol being sold." When we
asked why there was alcohol being consumed and about all of the cold beer still out on
the tables, Tones stated, "They must have brought it in from the outside." Corporal
Oswalt and I then went outside for a few minutes and as we left, Mr. Tones spoke in
Spanish over the microphone, stating, "Say goodbye as the dogs (bitches) are leaving."
The whole bar began to cheer.
Once outside, Corporal Oswalt took a full bottle of Corona that was unopened away from
a drunk and stumbling patron that was outside. After giving them a few minutes to see if
they were going to clear away the alcohol, we re-entered the bar. The patrons were still
drinking everywhere. At this time, it was approximately 3:40am. We went back up to
Mr. Torres and I pointed out one patron that took a big gulp of a Corona right in front of
me and sat it on the table. I went over and picked up the bottle that was still half full and
the rest was foam. After showing it to Mr. Torres, he said that it had been sitting there a
while. He stated, "You guys are just gonna do what you want to do. Just get the fuck out
of here." As we turned to leave, he again shouted in Spanish over the loudspeaker,
"Cheer as the dogs (bitches) leave again." The bar cheered in an uproar. At the time we
left, it was approximately 3:45am and alcohol was still out on the tables and still being
consumed in the bar.
Transcribed by L. Hutchens
Corporal Oswalt #158
Informational Report
Case #04-75891
7-25-04
On 7-25-04 Officer Dearing and I went to 1673 N. College, which is Balderas,
reference a business check to make sure that there was not any alcohol being consumed
after hours. We went into the front door and while walking to the right, which there is a
set of chairs to the right, there was a Hispanic male with a bottle of Corona in his hand
that he was holding. I took the bottle out of his hand and put it on the bar. The bottle
was half full.
I then went over back to the comer of the bar and went into the corner. I noticed
while in the bar that I could hear the DJ speaking in Spanish. While doing so, I noticed
that there were some Hispanic males sitting to my right, which is a little loft area. They
were taking the beer bottles off of the table. I.walked toward them and noticed that there
was about four bottles that still had alcohol in them. I noticed to the right of them that
there was a Hispanic male subject drinking a Budweiser and he was about to take a drink
when he saw me. At that point I went outside and advised Sergeant Harter that we did
have a violation and I went back inside and spoke with Mr. Torres. I advised him of the
situation. He was trying to make excuses, as all of these people must have been bringing
alcohol in. I asked Mr. Tones how many security officers he had in his business. He
said he had three; I advised him that at 2:00am that it is his responsibility and his
security officers to make sure that the alcohol is gone from the patrons and the tables. He
also advised me that he thought they might have been bringing them in from their
vehicles. I asked him if he had somebody that worked the door and he advised yes. I
advised him that it was the security officer's job at the door to take any alcohol from the
subjects from bringing it in. Mr. Tones kept arguing with the point that he had not
served any alcohol. This was at 3:36am when we were inside of the business.
When we were leaving Mr. Tones said, Just do your business and get out of here.
After recognizing the violations and speaking to Mr. Torres; we did leave. Also, while
we were leaving Mr. Tones had spoke something in Spanish -over the speaker and while
leaving the subjects in the bar yelled. Outside Officer Dearing advised me that he had
mentioned something like, Yell because the dogs are leaving. It was something of that
nature. See Officer Dearing to see actually what Mr. Tones had said.
Transcribed by A Reznicek
• FAYETTEVILLE POLICE DEPARTMENT Date: 12/04/2006
100A WEST ROCK STREET FAYETTEVILLE, AR 72701. Page: 1
Case Description: Case Number: 2004-00078525
INFORMATION REPORT
Primary Victim: STATE OF ARKANSAS,,,
Date/Time Reported:
Date/Time Occurred:
Date/Time Between :
Location Occurred :
Area: Area 5
Reporting Officer
Primary Unit Assigr
08/01/04 3:03 Hrs. Dispatch Incident Type
08/01/04 3:03 Hrs.Busn CK
08/01/04 3:37 Hrs.
1673 N COLLEGE AVE
Section: Section K Grid:
249 LEE,TRAVIS,H,
ed to Investigate: Patrol 3
Case Status: Open/Actv Disposition: Open Disp. Date: 08/01/04
No. of Offenses: 2 No. of Offenders: 1 No. of Victims:. 1
Offense Number: 1
Crime Code: 0090Z ALL OTHER OFFENSES
Statute . : NON -CRIMINAL Attempted/Committed : Committed
Location Type . Restaurant Criminal Activity . .
Statute ORI/Group : AR0720100 Agg Aslt/Homc Crcmst:
Counts ... : 001 Larceny/Theft Offnse:
Offense Date . : 08/01/2004 Victim Drug Related
Abandoned Structure : NO Property Damage
SUBJECTS:
Suspect : Present Information
Primary BALDERAS Phone:
Suspect 1673 N COLLEGE AVE
FAYETTEVILLE AR 72703
Victim . . : Present Information
Primary STATE OF ARKANSAS Phone: 999-999-9999
Government
Additional Contact Information:
WorkPhone# 02/04/03 999-999-9999
WorkPhone# 11/11/02 479-587-3555
WorkPhone# 10/14/02 479-587-3555
r
Informatnl : Present Information
TORRES,ARTURO „ Phone: 479-502-0096
4106 WATKINS AVE
SPRINGDALE AR 72762
Race : Hispanic Sex: Male D.O.B: 07/19/68 Age: 38
Hgt : 508" Wgt: 200 Hair: Black Eyes . . : Brown
Build: Medium Complexion: Ethnicity: Hispanic
FAYETTEVILLE POLICE DEPARTMENT Date: 12/04/2006
100A WEST ROCK STREET FAYETTEVILLE, AR 72701 Page: 2
Case Description: Case Number: 2004-00078525
INFORMATION REPORT
Dr Lic #: 619165104
St: AR Soc Sec #: 619-16-5104
Additional Contact Information:
HomePhone# 05/14/06 479-502-0096
HomePhone# 05/04/05 479-313-0354
HomePhone# 11/22/04 479-750-7471
WorkPhone# 11/22/04 479-582-9500
School/Business Information:
CASA TORRES,,,
1673 N COLLEGE AVE
FAYETTEVILLE
Residence Type : Resident
Phone: 479-521-1996
AR 72703
Residence Status : Full Year
Property: -
Item Number .
1 Subject #:
Subject Type:
Evidence #
0405857
Property Code :
Other Property Type : Recordings
Property Class:
Miscellane
Date Received :
08/01/04 Initial
Value
.00
Date Recovered:
Recovered Value:
.00
• RPOJ?: N Notify
Owner Date:
Notified How?:
Prp Loc . . . .
Bin :
Disp/Date:
Year/Desc : 0000
DISKETTES,
(2)
DIGITAL PHOTO
Quantity
2.000 EA Model/Style:
Registratn# :
State :
Expires
Dispatch Narrative
Information on the units
assigned to the call
follows.
Unit#: 221 Radio#:
221 Ofcr 1:
176 Ofcr 2:
176
DSP:
ARV: 08/01/04
03:03
CLR: 08/01/04
03:36
Unit#: K90 Radio#:
000 Ofcr 1:
158 Ofcr 2:
158
DSP: 08/01/04 03:03
ARV: 08/01/04
03:03
CLR: 08/01/04
03:36
Unit#: 611 Radio#:
611 Ofcr 1:
266 Ofcr 2:
266
DSP:
ARV: 08/01/04
03:05
CLR: 08/01/04
03:33
Unit#: 631 Radio#:
631 Ofcr 1:
240 Ofcr 2:
269
DSP:
ARV: 08/01/04
03:05
CLR: 08/01/04
03:37
Unit#: 615 Radio#:
615 Ofcr 1:
246 Ofcr 2:
246
DSP: 08/01/04 03:05
ARV: 08/01/04
03:14
CLR: 08/01/04
03:37
Unit#: 321 Radio#:
321 Ofcr 1:
152 Ofcr 2:
152
DSP:
ARV: 08/01/04
03:06
CLR: 08/01/04
03:36
Unit#: 327 Radio#:
327 Ofcr 1:
262 Ofcr 2:
262'
DSP:
ARV: 08/01/04
03:09
CLR: 08/01/04
03:36
Unit#: 610 Radio#:
610 Ofcr 1:
272 Ofcr 2:.
272
DSP:
' ARV: 08/01/04
03:11
CLR: 08./01/04
03:36
Unit#: 905 Radio#:
905 Ofcr 1:
249 Ofcr 2:
249
DSP:
ARV: 08/01/04
03:12
CLR: 08/01/04
03:37
Unit#: 906 Radio#:
906 Ofcr 1:
271 Ofcr 2:
271
DSP:
ARV: 08/01/04
03:12
CLR: 08/01/04
03:37
Unit#: 630 Radio#:
630 Ofcr 1:
256 Ofcr 2:
243
`, DSP:
ARV: 08/01/04.03:14
CLR: 08/01/04
03:37
)
Officer Dearing #262
Information Report
Balderas
ABC Violation (Serving Alcohol after hours and Operating without a Permit)
Case #04-78525
8-1-04
On Sunday August 1, 2004 at approximately 3:00am, I met with other
Fayetteville officers to perform a business check on Balderas Mexican Bar, formerly
known as Casa Tones at 1673 North College, to observe possible ABC violations. We
had numerous problems with this location in the past. Tonight, I was joined by Sergeant
Scott and Sergeant Harter as well as Afternoon Shift Officers Macri, Gilbert, Coy, Jones,
Faught, Riley and Moad. I was also joined by Corporal Oswalt. It was decided that since
I speak Spanish that I would go in first with Officer Coy just in case there was any danger
to the other officers from these Spanish speaking patrons of the bar.
Upon arrival I did enter first with Officers Macri, Jones, and Riley. I immediately
went to the DJ booth where Arturo Tones was playing music and asked him to shut the
music off. He began shouting something over the loud speaker. I quickly told him to be
quiet and to turn the loud speakers off as he has said derogatory comments the last time,
and we did not want to get.the crowd riled up. He did shut everything off at this time. I
was joined inside by all of the other officers listed above with the exception of Riley and
Faught who stayed at the door in case anything happened.
I then began looking around the bar, noticing bottles of beer on the tables. I also
noticed in the DJ booth where Mr. Tones was, there was a shot glass full of some sort of
alcoholic beverage. (Note: at this time, it was approximated 3:05am.) The patrons in the
bar were very loud and began shouting and whistling. I instructed them to remain quiet
while we did what we had to do. Mr. Tones then reiterated for them to cooperate with
us. Some of the patrons continued to whistle, holler, laugh and mock. I stood in the
middle of the room, and again instructed them to remain quiet. They did quiet down for a
little bit, but shortly thereafter began whistling again.
I singled out a group in the corner. There were a few that were extremely
intoxicated and continued to laugh and yell and joke. With this many people that were in
the club, we did not want a riot or we did not want a full-scale disturbance, so we were
trying to keep them quiet. The one particular patron that was very intoxicated continued
to whistle and laugh and mock. I walked straight up to him instructing him to be quiet.
He then whistled again, I placed him under arrest for Disorderly Conduct. His name was
Louis Yanez.
After he was escorted outside and placed in a vehicle by Officer Riley, we
continued to hold the crowd at bay while Sergeant Hater and Tad Scott observed the
ABC violations that were going on in the restaurant. Officer Macri and I did note that
they were collecting money at the door, and were open well after hours and still
collecting money when we came in at 3:00am. We then began to clear the bar out. Mr.
Tones did instruct his patrons to "let it go this time", for them to return home, get some
rest, go to work, whatever they had to do, but that there were no problems. The patrons
began to exit the bar. As they did, I observed against the south wall of the bar a large
Corona box. When I picked it up off the ground, it was over half full of Budweiser beer
bottles that were full and still cold. At this time I noted it was approximately 3:20am,
well after time that alcohol was supposed to have stopped being served in the bar.
However these bottles were very cold. There were three bottles in the box that were open
and had been drunk from. When I asked Mr. Tones about the alcohol, he stated,
"Someone must have carried it in from outside." I then asked Mr. Tones if he allowed
people to carry alcohol in from the outside. He stated no, he did not. I asked him why
the alcohol would still be cold? He stated that it was not as cold as it came from the
freezer, but I did observe that the beer was ice cold and had sweat on the sides of the
'bottle from it being so cold and out. Notes were made of the violations and tickets were
issued from Sergeant Scott on the ABC violations that we observed and together it will
be compiled with this report and the rest of the reports that we have gotten on
Balderas/Casa Torres.
=.1 Officer Macri #269
Case Supplement #04-78525
8-1-04
At approximately 3:00am on 8-1-04, myself and several other officers went to
Balderas Restaurant located at the intersection of College and Sycamore reference a
complaint of possible drinking after hours and serving alcohol without a permit. Upon
my arrival in the restaurant, I walked to the southwest corner where the bar was. I
immediately saw three open bottles of Corona sitting on the bar and a Hispanic male
sitting in front of them. As he saw me approach, he grabbed two of the bottles and
started to push them towards the bartender in what I assumed was an attempt to have the
bartender take them and put them behind the bar. After I noticed that, I turned to my
right where several subjects were sitting in a row along the north wall of the restaurant.
I shined my flashlight underneath the chairs and saw several empty bottles of Corona at
their feet. I noticed one subject put a beer down and attempt to push the bottle
underneath his chair with his foot. I also noticed when we first entered the restaurant that
there was a female sitting at the door. She was taking money from subjects as they
entered. It appeared she was charging people to come into the restaurant.
Transcribed by A Reznicek
Officer T. Lee #249
Tickets Issued to Arturo Tones at Balderas, City Ordinance Violations
Case Supplement #04-78525
8-1-04
On 8-1-04 we were involved in a special assignment at 1673 N. College. There
were several officers involved in the special assignment at Balderas. The objective was
to enter the bar and to observe any underage drinking and also to document any alcoholic
drinks inside of the establishment. Once inside of the bar, Officer Jones and I walked
towards the north side of the bar and I observed Sonya Fuentes (DOB: 3-20-71) put down
a full bottled beer of Modelo on the side of her chair underneath her. I asked Fuentes to
show me what she placed on the ground and observed the bottled beer full and still very
cold. At this time Officer Jones was dealing with a nineteen -year -old and an eighteen -
year -old sitting next to three, what appeared to be, margaritas. Two were in a blue cup
and another one was in a clear glass with a lime on top: All of them were sitting next to
the juvenile and the subject that was nineteen year old. I felt the glasses and they were
still cold. All three of them were half full. Officer Jones dealt with the juvenile and the
nineteen year old and could smell a strong odor of intoxicants emitting from their breath.
The mother of the juvenile stood up and stated that they were not drinking and that all of
the drinks belonged to the adults sitting around the table. Due to the language barrier, we
were unable to find out exactly whom the drinks in the margarita glasses belonged to.
We. later escorted all subjects inside of the bar outside and the place was shut down.
Sergeant Scott and Sergeant Harter issued citations for permits for City Ordinance
Violations.
Transcribed by A Reznicek
2004-78525
08-01-04/ 3:03 AM/ Casa Torres/ Sgt. James W. Harter
On 08-01-04 at 3:03 AM,•Sgt. Scott and I went to Casa
Torres with Officers Griswold, Gilbert, Coy, Jones, Macri,
T. Lee, Faught, Oswalt, Dearing, Moad, and Riley. At this
location, officers witnessed a crowded bar and beer present
after hours. I observed two Corona beers full of beer on
the bar next to two patrons. We asked Arturo Torres to
have all patrons leave during the investigation after
initial observations were made. Arturo Torres was given
two citations: Operating without a City Permit, and
Dispensing Alcoholic Beverages After Hours. Officer
Dearing located a large box on the south wall where patrons
had been sitting. This box was under the tables and chairs
and was obviously being concealed. In the box were
approximately ten ice-cold Budweiser Beers in bottles and
several empty beer bottles. No ice was in the box. A shot
of liquor was also located behind the DJ booth where Arturo
Torres operates. Mr. Torres acknowledged this shot glass
of liquor and said he had "confiscated" it and placed it in
the D.J. area.
Informational Report Supplemental
Informational Report Number 2004-78525
Citation NumberA282391, A282392
Sgt. Tad Scott #176
.On 07-31-2004, at approximately 4:00 PM, I was advised of an ongoing problem
with a local business owner possibly committing violations against his sate and local
issued alcohol permits. I was advised that Arturo Torres, operator of Balderos
Restaurant, was thought to be providing alcoholic beverages after the specified state and
city regulated time of 2:00AM. It was also advised that he was suspected of operating
without a valid city alcohol permit.
Also at this date, I located a report completed, by Officer Dearing advising of an
incident that took place approximately one week earlier, on 07-25-2004, incident report
and number 2004-75891. In this report I read that Officer Dearing and Oswalt performed
a business check at approximately 3:30 AM and found several cold bottles of beer visible
around the business. During this incident Mr. Torres treated the officers very poorly.
On 08-01-2004, at approximately 3:03 AM, Sgt. Harter, Cpl. Oswalt, Ofc. Jones,
Ofc. T. Lee, Ofc. Griswold, Ofc. Macri, Ofc. Gilbert, Ofc. Coy, Ofc. Moad, Ofc. Faught,
Ofc. Riley, Ofc. Dearing and I arrived at Balderos, located at 1673 N. College Ave., for a
business check. The large numbers of officers were asked to respond due to the hostile
environment that previous officers encountered days earlier. Upon entry numerous
individuals were occupying the inside of the business. Cpl. Oswalt and I estimated
approximately 150 occupants. Ofc. Faught was asked to monitor the door and count the
occupants as they left the business. He advised that he was unable to count every subject,
due to the volume of patrons and those that left prior to his counting, but did count
approximately 130 persons.
I walked to the bar after entering in hopes of finding the businesses Arkansas
State issued alcohol permit and the Fayetteville City alcohol permit. I was unable to
easily located either permits and they had to be pointed out to me upon my request to see
them. The state permit was secured in a frame and was placed on a shelf behind the bar,
partially shield by other items on the shelf. The city permit was not visible and was
produced by Mr. Torres after asking for it for several moments. It is unknown from
where Mr. Torres produced this. The state permit showed to be valid until 06-30-2005,
but the city permit, permit number 4126, showed to have expired on 06-30-2004 and was
in the name of Casa Tones. Mr. Tones advised me that he "sent in the money" to "Charlotte"
for this permit, but has not heard anything.. He could not advise me when he sent "the
money" in.
Several officers advised that they had located opened and unopened cold beers
throughout the establishment as well as a full shot glass of alcohol. These items were
found between 3:03 AM and 3:21 AM. Torres was issued citation number A282391 for
Operating without a City Permit, city ordinance 111.11 and citation number A282392 for
FAYETTEVILLE POLICE DEPARTMENT Date: 12/04/2006
100A WEST ROCK STREET FAYETTEVILLE, AR 72701 Page: 1
Case Description: Case Number: 2006-00093744
CRIMINAL MISCHIEF -AUTO
Primary Victim: VILLANUEVA,BLANCA,L,
Date/Time
Reported:
09/10/06 2:41 Hrs.
Dispatch Incident Type:
Date/Time
Occurred:
09/10/06 2:30 Hrs.
Disturbanc
Date/Time
Between :
09/10/06 2:45 Hrs.
Location Occurred :
1673 N COLLEGE AVE
Nature of
Call :
APPRX 12-15 SUBJS
FIGHTING 1 PERSON, POSB Cl.
Area: Area
5
Section: Section K
Grid:
Reporting Officer : 295 NGUYEN,DAVID,PHUC DINH,
Case Status: Open/Actv Disposition: Open Disp. Date: 09/10/06
No. of Offenses: 1 No. of Offenders: 1 No. of Victims: 1
Offense Number: 1
Crime Code: 00290 DESTRUCTION/DAMAGE/VANDALISM OF PROPERTY
Statute . : 5-38-203 Attempted/Committed : Committed
Stat Desc : CRIMINAL MISCHIEF 1ST DEGREE .
Location Type . : Parking Criminal Activity
Statute ORI/Group . : S Agg Aslt/Homc Crcmst:
Counts . . . . . . : 001 Larceny/Theft O£fnse:
Offense Date . . . : 09/10/2006 Victim Drug Related
Abandoned Structure : NO Property Damage . ..
Present Information
FLORES,ROLANDO,,
2326 W BEECHWOOD 10
ROGERS
479-544-5176
Race : Hispanic Sex: Male D.O.B: 05/21/85 Age: 21
Build: Complexion: Ethnicity: Hispanic
Dr Lic #: St: Soc Sec #: 000-00-0000
Residence Type : State Residence Status : Non -Res
Victim . . : Present Information
Primary VILLANUEVA,BLANCA,L, Phone: 479-631-9400
Individual 310 N THIRTY FOURTH ST
ROGERS I AR 72756
Race : Hispanic Sex: Female D.O.B: 02/28/87 Age: 19
Build: Complexion: Ethnicity: Hispanic
Dr Lic #: St: Soc Sec #: 000-00-0000
Residence Type : State Residence Status : Non -Res
Statement Type : Verbal Related Offenses : 1
Informatnl : Present Information
FAYETTEVILLE POLICE DEPARTMENT Date: 12/04/2006
100A WEST ROCK STREET FAYETTEVILLE, AR 72701 Page: 2
Case Description: Case Number: 2006-00093744
CRIMINAL MISCHIEF -AUTO
CASA TORRES Phone: 479-521-1996
1673 N COLLEGE AVE
FAYETTEVILLE AR 72703
Property:
Item Number . . 1 Subject #: Subject Type: Victim
Property Code : DmgVanDes Property Type : Truck
Property Class: Miscellane
Date Received :. 09/10/06 Initial Value 1,200.00
Date Recovered: Recovered
Value:
.00
RFOJ?: N Notify Owner Date:
Notified How?:
Pip Loc . . . . Bin : '.
Disp/Date:
Vehicle Year: 1999
Description : CHEV SUBURBAN 1999 WHITE
Make . . . : Chevrolet Model : Suburban Style
Color Top : White Bottom: -
Interior:
License # : 495KMX State : AR
Expires
Dispatch Narrative
CALLER ADV 3-4 OF THE SUBJS HAVE SOMETHING IN
JREYNOLDS
2:42:15
THEIR HANDS, BUT SHE IS TOO FAR AWAY TO TELL
JREYNOLDS
2:42:25
WHAT IT IS.
JREYNOLDS
2:42:26
THEY ARE THROWING THINGS AT BLDGS.
JREYNOLDS
2:42:35
ADV THEY ARE ALL BEATING ON 1 PERSON
JREYNOLDS
2:42:45
ALL SUBJS APPEAR TO BE HISPANIC _
JREYNOLDS
2:42:51
STILL PHYSICAL
JREYNOLDS
2:43:04
_ANOTHER CALLER ADV THERE WAS ONE SUBJECT DOWN ON RWALKER
2:43:22
THE GROUND AND PPL WERE GETTING THINGS OUT OF
RWALKER
2:43:30
VEHS...REW
RWALKER
2:43:31
SUBJS ARE IN THE P -LOT AND IN THE STRT ON
JREYNOLDS
2:43:33
SYCAMORE
JREYNOLDS
2:43:34
CALLER IS TOO FAR AWAY TO TELL IF A CODE 10 IS
JREYNOLDS
2:43:53
UNK ON INJURIES...REW
RWALKER
2:43:55
NEEDED
JREYNOLDS
2:43:55
ANOTHER CALLER ADV SOMEONE BROKE THE WINDOW OUT
AMCDONALD
2:44:27
STILL APPRX 5-10 FIGHTING.
JREYNOLDS
2:44:41
OF HER CAR. WHI CHEVY SUBURBAN:. THE GUY THAT
AMCDONALD
2:44.53
BROKE THE WINDOW IS LEAVING IN A RED CHEV BLZ.
AMCDONALD
2:45:08
535GZS.
AMCDONALD
2:45:39
BALANCA IS THE CALLER.
AMCDONALD
2:46:09
479-502-3809.
AMCDONALD
2:46:20
295 NEEDING CAMERA...REW
RWALKER
3:05:15
Nguyen #295
Criminal Mischief
Case #2006-93744
09/10/06
On 9/10/2006, at approximately 2:45am; I arrived at Casa Torres for a report of a
disturbance. Upon arrival one of the parties involved in the disturbance had left the
scene. I made contact with a Hispanic female, Blanca L. Villanueva 2/28/1987. She was
near her vehicle, a 1999 white Chevy Sub ARVL 495KMX. I noticed the back window
passenger side was broken out of it and the back window driver side was shattered by still
intact. I asked Villanueva what happened and she stated there was a fight inside Casa
Tones and she went outside to get away from the club and the fight. Villanueva stated
the fight carried outside to a parking lot behind Cingular Store. Villanueva pointed to a
Hispanic male, Rolando Flores 5/21/1985, who grabbed something metal from a truck
parked next to her Suburban and struck the back window of her Suburban. Villanueva
stated she doesn't know him but he was the one that stuck her car with the metal object.
She didn't know what the metal object was.
I spoke with Flores and asked him if he broke the window or knew who did it. Flores
immediately went on the defensive and asked why I'm asking him and not anyone else. I
told him I was asking if he did it or if he knew who did because someone said it was him
that broke out the window. Again, Flores asked why I was only asking him. Flores
shouted out at one point that he had been drinking and that's why he's not driving.
I advised Villanueva to try to work things out civilly in terms of getting the windows
repaired. I then told Villanueva if that didn't work, she could follow up with the
prosecutors about filing charges.
FAYETTEVILLE POLICE DEPARTMENT Date: 12/04/2006
100A WEST ROCK STREET FAYETTEVILLE, AR 72701 Page: 1
•
Case Description: Case Number: 2006-00120355
SHOOTING
Primary Victim: RIVERA,JUAN „
Date/Time
Reported:
11/26/06
3:43
Hrs.
Dispatch Incident Type:
Date/Time
Occurred:
11/26/06
3:43
Hrs.
Shooting
Date/Time
Between :
11/26/06
8:30
Hrs.
Location
Occurred :
1673 N COLLEGE
AVE
Nature of
Call . :
MALE SUBJ
SHOT
A GUN
TWICE...TJM
Area: Area
5
Section:
Section K
Grid:
Reporting Officer : 274 MURPHY,ANTHONY,MITCHELL,
Primary Unit Assigned to Investigate: Detective
Assigned Investigators:
11/27/06 232 FRENCH,JASON,DANIEL,
Case Status: Open/Actv Disposition: Open Disp. Date: 11/26/06
No. of Offenses: 1 No. of Offenders: UK No. of Victims: 2
Offense Number: 1
Crime Code; 0013A AGGRAVATED ASSAULT
Statute . : 5-13-201. Attempted/Committed : Committed
Stat Desc : BATTERY I
Location Type . NightClub Criminal Activity
Type of Weapon : Handgun Weapon Feature
Hom/Ag Aslt Circmst Unknown Just. Circumstances
Statute ORI/Group . : S Agg Aslt/Homc Crcrost:
Counts . . . . . 001 Larceny/Theft Offnse:
Offense Date . . . : 11/26/2006 Victim Drug Related :
Abandoned Structure : NO Property Damage . .
UCR Return A . . . : Aslt Gun UCR Stolen Property :
SUBJECTS:
Arrestee : Present Information
Primary SAGASTUME,OSCAR,FRANKLIN PAUL, Phone: 479-790-8166
Arrestee 1503 JOYE ST SPRINGDALE AR 72765
AKA:
SAGASTUME, FRANKLIN, PAUL,
Other
Race : Hispanic Sex: Male D.O.B: 12/19/86 Age: 19
Hgt : 5'06" Wgt: 145 Hair: Black Eyes . . : Brown
Build: Complexion: Medium Ethnicity: Non-Hisp
Dr Lic #: St: Soc Sec #: 000-00-0000
Additional Contact Information:
11/27/06
HomePhone# 11/27/06 479-790-8166
FAYETTEVILLE POLICE DEPARTMENT Date: 12/04/2006
100A WEST ROCK STREET FAYETTEVILLE, AR 72701 Page: 2
Case Description: Case Number: 2006-00120355
SHOOTING
School/Business Information:
CONSTRUCTION,,, • Phone:
UNKNOWN
FAYETTEVILLE AR 72701
Residence Type :
State
Residence Status : Non -Res
Statement Type :
Verbal
Related Offenses :
Arrest Information:
Arrest Date/Time :
11/26/06 5:30
Hrs. Arrest Type : On -View
Arresting Officer:
FRENCH,JASON,DANIEL,
Arrest Location :
1673 N COLLEGE
AVE
Fayetteville,
AR 72701
Area . Area 5
Section
: Section K Grid:
OBTS Number
Booking Number. : 2O0604054026
Age at Arrest
19
Multiple Clearance
Indicator: Arrestee
Influence of Alcohol:
No
Influence of Drug . : No
Weapon Seized . .
. : OIBRS
Weapon Feature. . . .
Charge Number: 001
Crime Code: 0090Z
ALL OTHER OFFENSES
Statute : 5-54-102
Attempted/Committed Committed
Stat Desc OBSTRUCTING
GOVERNMENTAL OPERATIONS
Victim : Present Information
Primary RIVERA,JUAN
„
P Phone:
Individual
Race : Hispanic
Sex: Male
D.O.B: 11/25/75 Age: 31
Build:
Complexion:
Ethnicity: Hispanic
Dr Lic #:
St: Soc Sec If: 000-00-0000
Residence Type :
Unknown
Residence Status : Unknown
Extent of Injury:
Serious
Medical Treatment: INNARRATVE
Injury Type . :
Unknown
Injury Type
Hospital/Clinic :_WRMC
Transported by . : Priv/vehic
Statement Type :
Verbal
Related Offenses : 1
VICTIM OFFENDER RELATIONSHIPS:
SAGASTUME, OSCAR, FRANKLIN PAUL, Unknown
Victim . . : Present Information
Primary RESENDEZ,MODESTO,B, Phone:
Individual BACKUS ST
SPRINGDALE AR 72762
Race : Hispanic Sex: Male D.O.B: 01/02/83 Age: 23
Hgt :.506" Wgt: 225 Hair: Black Eyes . . : Brown
Build: Complexion: Ethnicity: Hispanic
Dr Lic #: St: Soc Sec #: 000-00-0000
Residence Type : State Residence Status Non -Res -
Extent of Injury: Serious Medical Treatment: INNARRATVE
FAYETTEVILLE POLICE DEPARTMENT Date: 12/04/2006
100A WEST ROCK STREET FAYETTEVILLE, AR 72701 Page: 3
Case Description: Case Number: 2006-00120355
SHOOTING
Injury Type . . : Unknown
Hospital/Clinic : WRMC
Statement Type : Verbal
VICTIM OFFENDER RELATIONSHIPS:
SAGASTUME, OSCAR, FRANKLIN PAUL,
Injury Type . . .
Transported by . : CEMS
Related Offenses : 1
Unknown
Witness : Present Information
Primary GARCIA,GONZALO „ Phone: 479-283-8465
905 YOUNG ST
SPRINGDALE AR 72764
Race : Hispanic Sex: Male D.O.B:. 07/22/88 Age: 18
Hgt : 5'03" Wgt: 165 Hair: Black Eyes . . : Brown
Build: Complexion: Ethnicity: Hispanic
Dr Lic #: 999130103 St: AR Soc Sec if: 000-00-0000
Additional Contact Information
workPhone# 11/26/06 Ext. 4795024850
HomePhone# 11/26/06 479-283-8465
Residence Type : State Residence Status : Non -Res
Statement Type : Verbal Related Offenses :
Witness . : Present Information
Primary CHAVARRIA, ISRAEL,, Phone:
2928 PULLMAN ST APT 101
SPRINGDALE AR 72764
Race : Hispanic Sex: Mate D.O.B: 05/08/86 Age: 20
Hgt : 505" Wgt: 145 Hair: Black Eyes : Brown
Build: Complexion: Ethnicity: Hispanic
Dr Lic #: St: Soc Sec #: 000-00-0000
Residence Type : State Residence Status : Non -Res
Statement Type : Verbal Related Offenses :
Witness . : Present Information
Primary SALAS,ARMANDO „ Phone: 479-966-0613
905 YOUNG ST
SPRINGDALE AR 72764
Race : Hispanic Sex: Male D.O.B: 08/03/86 Age: 20
Hgt : 507" Wgt: 135 Hair: Black Eyes . . : Brown
Build: Complexion: Ethnicity; Hispanic
Dr Lic #: St: Soc Sec if: 000-00-0000
Additional Contact Information:
WorkPhone# 11/26/06 Ext. 4792838465
HomePhone# 11/26/06 479-966-0613
Residence Type : State Residence Status : Non -Res
Statement Type : Verbal Related Offenses :
• 1 Witness . : Present Information
Primary VERDE-CRUZ,HECTOR „ Phone; 279-283-7743
.. FAYETTEVILLE POLICE DEPARTMENT Date: 12/04/2006
100A WEST ROCK STREET FAYETTEVILLE, AR 72701 Page: 4
Case Description: Case Number: 2006-00120355
SHOOTING
608 BLACK OAK AVE
SPRINGDALE AR 72764
Race : Hispanic Sex: Male D.O.B: 04/30/78 Age: 28
Hgt : 5'07" Wgt: 175 Hair: Black Eyes . . : Brown
Build: Complexion: Ethnicity: Hispanic
Dr Lic #: 909016368 St: AR Soc Sec #: 000-00-0000
Additional Contact Information
WorkPhone# 11/26/06 Ext. 4792133989
HomePhone# 11/26/06 279-283-7743
Residence Type : State Residence Status : Non -Res
Statement Type : Verbal Related Offenses :
Witness . : Present Information
Primary HERRERA, ALDOLPHO „ Phone:
ELECTRIC AVE APT S123
SPRINGDALE AR 72764
Race : Hispanic Sex: Male D.O.B: 10/02/88 Age: 18
Hgt : 5'04" Wgt: 130 Hair: Black Eyes . . : Brown
Build: Complexion:. Ethnicity: Hispanic
Dr Lic #: St: Soc Sec #: 000-00-0000
Residence Type : State Residence Status : Non -Res
Statement Type : Verbal Related Offenses :
Witness : Present Information Primary QUIROZ,ADA „ . Phone: 479-422-1025
1701 WEST END ST APT 23
SPRINGDALE AR 72764
Race : Hispanic Sex: Female D.O.B: 05/13/79 Age: 27
Hgt : 504" Wgt: 130 Hair: Black Eyes . . : Brown
Build: Complexion: Ethnicity: Hispanic
Dr Lic #: St: Soc Sec #: 000-00-0000
Residence Type : State Residence Status : Non -Res
Statement Type : Verbal Related Offenses :
Witness . : Present Information
Primary JUAREZ-HERNANDEZ,ALDOLPHO „ Phone: 479-283-8465
905 YOUNG ST
SPRINGDALE AR 72764
Race : Hispanic Sex: Male D.O.B: 06/12/87 Age: 19
Hgt : 5'05" Wgt: 130 Hair: Black Eyes . . : Brown
Build: Complexion: Ethnicity: Hispanic
Dr Lic #: St: Soc Sec #: 000-00-0000
Residence Type State Residence Status : Non -Res
Statement Type : Verbal Related Offenses :
Property:
Item Number 1 Subject #: Subject Type:
Evidence # 0609103
FAYETTEVILLE POLICE DEPARTMENT Date: 12/04/2006
100A WEST ROCK STREET FAYETTEVILLE, AR.72701 Page: 5
Case Description: Case Number: 2006-00120355
SHOOTING
Property Code : Other Property Type : Other
Property Class: Miscellane
Date Received : 11/26/06 Initial Value .00
• Date Recovered: Recovered Value: .00
RFOJ?: N Notify Owner Date: Notified How?:
Prp Loc . . . . Bin Disp/Date:
Year/Desc . : 0000 PAPER, WITH WHITE .POWDER RESIDUE
Registratn# : State : Expires
Property:
Item Number . . 2 Subject #: Subject Type:
Evidence # . . 0609104
Property Code : Other Property Type : Other
Property Class: Miscellane
Date Received : 11/26/06 Initial Value. : .00
Date Recovered: Recovered Value: .00
RFOJ?: N Notify Owner Date: Notified How?:
Prp Loc . . . . Bin : Disp/Date:
Year/Desc . : 0000 MARIJUANA SEEDS, STEMS & LEAF PIECES LESS THAN 1GR
Registratn# : State : Expires
Property:
Item Number . . 3 Subject #: Subject Type:
Evidence # . . 0609135
Property Code : Other Property Type : Other
Property Class: Miscellane
Date Received : 11/26/06 Initial Value - .00
Date Recovered: Recovered Value: .00
RFOJ?: N Notify Owner Date: Notified How?:
Prp Loc . . . . Bin : Disp/Date:
Year/Desc : 0000 - BULLET, (1) .380 FROM DANCE FLOOR AREA
Quantity . . 1.000 EA Model/Style:
Registratn# : State : Expires
Property:
Item Number . . 4 Subject #: Subject Type:
Evidence # . . 0609136
Property Code : Other Property Type : Other
Property Class: Miscellane
Date Received : 11/26/06 Initial Value .00
Date Recovered: Recovered Value: .00
RFOJ?: N Notify Owner Date: Notified How?:
Prp Loc . . . : Bin : Disp/Date:
Year/Desc . : 0000
Quantity
Registratn#
} Property:
Item Number
SHELLLCASING, .380 FROM DANCE FLOOR AREA
1.000 EA Model/Style:
State : Expires
5 Subject #: Subject Type:
FAYETTEVILLE POLICE DEPARTMENT Date:
12/04/2006
100A WEST ROCK STREET FAYETTEVILLE, AR 72701 Page:
6
Case Description: Case Number: 2006-00120355
SHOOTING
Evidence # 0609137
� Property Code : Other Property Type :.Other
Property Class: Miscellane
Date Received : 11/26/06 Initial Value
.00
Date Recovered: Recovered Value:
.00
RFOJ?: N Notify Owner Date: Notified How?:
Prp Loc . . . . Bin : -' Disp/Date:
Year/Desc . : 0000 SHELL CASING, .380 FROM DANCE FLOOR AREA
Quantity . . 1.000 EA Model/Style:
Registratn# : State : Expires
Property:
Item Number . . 6 subject #: - Subject Type:
Evidence # 1 0609138
Property Code : Other Property Type : Other
Property Class: Miscellane
Date Received : 11/26/06 Initial Value
.00
Date Recovered: Recovered Value:
.00
RFOJ?: N Notify Owner Date: Notified How?:
Prp Loc . . . . Bin : Disp/Date:
Year/Desc . : 0000 BANDANA, (1) BLUE FROM DANCE FLOOR AREA
Quantity . . 1.000 EA Model/Style:
Registratn# State : Expires
-. Property:
Item Number .-. 7 Subject #: Subject Type:
Evidence # . . 0609139 -
Property Code : Other Property Type : Other
Property Class: Miscellane -
Date Received : 11/26/06 Initial Value
.00
Date Recovered: Recovered Value: -
.00
RFOJ?: N Notify Owner Date: Notified How?:
Prp Loc . . . . Bin : Disp/Date: .
Year/Desc . : 0000 BLOOD SAMPLE, FROM BAR STOOL NEAR
DANCE FLOOR
Registratn# : State : Expires
Property:
Item Number . . 8 Subject #: Subject Type:
Evidence # 0609140
Property Code : Other Property Type : Money
Property Class: Currency
Date Received : 11/26/06 Initial Value
.00
Date Recovered: Recovered Value:
.00
RFOJ?: N Notify Owner Date: Notified How?:
Prp Loc . . . . Bin : Disp/Date:
Year/Desc . : 0000
Quantity
Registratn#
CURRENCY, BLOODY $20.00 BILL SER #EL71713576E
20.000 DR Model/Style:
State : Expires
Property:
FAYETTEVILLE POLICE DEPARTMENT Date: 12/04/2006
100A WEST ROCK STREET FAYETTEVILLE, AR 72701 Page: 7
Case Description: Case Number: 2006-00120355
SHOOTING
Item Number
9 Subject #: Subject Type:
Evidence #
0609141
Property Code :
Other Property Type : Other
Property Class:
Miscellane
Date Received :
11/26/06 Initial Value
.00
Date Recovered:
Recovered Value:
.00
RFOJ?: N Notify
Owner Date: Notified How?:
Prp Loc . . . :
Bin:- - Disp/Date:
Year/Desc .-: 0000
MAGAZINE, KEL-TEC 380 W/(4) LIVE
ROUNDS
Quantity . :
1.000 EA Model/Style:
Registratn# :
State : Expires
Property:
Item Number . :
10 Subject #: Subject Type:
Evidence # . :
0609142
Property Code :
Other Property Type : Other
Property Class:
Miscellane
Date Received :
11/26/06 Initial Value
.00
Date Recovered:
Recovered Value:
.00
RFOJ?: N Notify
Owner Date: Notified How?:
Prp Loc . . . :PRM1
Bin : K-13 Disp/Date:
Year/Desc : 0000
BULLETS, (4) LIVE 380 ROUNDS FROM JMB7/SUPERGLUED
Quantity
4.000 EA Model/Style:
Registratn# :
State : Expires
Property:
- Item Number .
11 Subject #: Subject Type:
Evidence # . :
0609143
Property Code :
Other Property Type : Other
Property Class:
Miscellane
Date Received :
11/26/06 Initial Value
.00
Date Recovered:
Recovered Value:
.00
RFOJ?: N Notify Owner Date: Notified How?:
Prp Loc . . . :PRM1
Bin : K-13 Disp/Date:
Year/Desc . : 0000 BRACELET, BUD LIGHT PAPER W/ BLOOD
Quantity
1.000 EA Model/Style:
Registratn# :
State : Expires
Property:
Item Number . :
12 Subject #: Subject Type:
•
Evidence # . :
0609144
• Property Code :
Other Property Type : Other
Property Class:
Miscellane -
Date Received :
11/26/06 Initial Value
.00
Date Recovered:
Recovered Value:
.00
RFOJ?: N Notify Owner Date: Notified How?:
Prp Loc . . . :PRM1
Bin : K-13 Disp/Date:
Year/Desc . : 0000 TISSUE, W/ BLOOD FROM WOMENS BATHROOM
_.% Registratn# :
State : Expires
:
FAYETTEVILLE POLICE .DEPARTMENT Date: 12/04/2006
100A WEST ROCK STREET FAYETTEVILLE, AR 72701 Page: 8
Case Description: Case Number: 2006-00120355
SHOOTING
Property:
Item Number . . 13 Subject #: Subject Type:
Evidence # 0609145
Property Code : Other Property Type : Other
Property Class: Miscellane
Date Received : 11/26/06 Initial Value .00
Date Recovered: Recovered Value: .00
RFOJ?: N Notify Owner Date: Notified How?:
Prp Loc . . . :PRM1 Bin : K-13 Disp/Date:
Year/Desc . : 0000 BLOOD SAMPLE, FROM WOMENS BATHROOM INTERIOR DOOR.
Registratn# : State : - Expires
Property:
Item Number . . 14 Subject #: Subject Type:
Evidence # . : 0609146
Property Code : Other Property Type : Other
Property Class: Miscellane
Date Received : 11/26/06 Initial Value .00
Date Recovered: Recovered Value: .00
RFOJ?: N Notify Owner Date: Notified How?:
Prp Loc . . . :PRM1 Bin K-13 Disp/Date:
Year/Desc . : 0000 BLOOD SAMPLE, FROM WOMENS BATHROOM.STALL DOOR
Registratn# : State : I Expires :
Property:
Item Number . 15 Subject #: Subject Type:
Evidence # 0609147
Property Code : Other Property Type : Money
Property Class: Currency
Date Received : 11/26/06 Initial Value .00
Date Recovered: Recovered Value: .00
RFOJ?: N Notify Owner Date: Notified How?:
Prp Loc . . . :PRM1 Bin : K-13 Disp/Date:
Year/Desc . : 0000 CURRENCY, (2) $5.00 BILLS FROM BACK ROOM
Quantity . . 10.000 DR Model/Style:
Registratn# : State : Expires
Property:
Item Number . . 16 Subject #: Subject Type:
Evidence # 0609148.
Property Code : Other Property Type : Clothes
Property Class: Miscellane
Date Received : 11/27/06 Initial Value .00
Date Recovered: Recovered Value: .00
RFOJ?: N Notify Owner Date: Notified How?:
Prp Loc . . . . Bin Disp/Date:
Year/Desc . : 0000 SHIRT, ELK PINSTRIPE W/BULLET HOLE WORN BY RIVERA
Quantity 1.000 EA Model/Style:
FAYETTEVILLE POLICE DEPARTMENT
100A WEST ROCK STREET FAYETTEVILLE,
Case Description:
SHOOTING
Date: 12/04/2006
AR 72701 Page: 9
Case Number: 2006-00120355
Registratn#
State : - Expires
Property:
Item Number
17 Subject
#: Subject Type:
Evidence #
0609149
Property Code
: Other
Property Type : Other
Property Class:
Miscellane
Date Received
; 11/26/06
Initial Value
.00
Date Recovered:
Recovered Value:
.00
RFOJ?: N Notify
Owner Date:
Notified How?:
Prp Loc . . .
:PRM1 Bin :K-13
Disp/Date:
Year/Desc . :
0000 GSR KIT,
JOSE NUNEZ
Quantity
- 1.0.00
EA Model/Style:
Registratn# :
State
:• Expires
Property:
Item Number .
. 18 Subject
#: Subject Type:
Evidence # .
. 0609150
Property Code
: Other
Property Type : Other
Property Class:
Miscellane
Date Received
: 11/26/06
Initial Value
.00
Date Recovered:
Recovered Value:
.00
RFOJ?: N Notify
Owner Date:
Notified How?:
Prp Loc . . .
:PRM1 Bin :
K-13 Disp/Date:
Year/Desc . : 0000
Quantity
Registratn#
Case Associations:
Case #
200600120360
GSR KIT, PAUL SAGASTUME
1.000 EA Model/Style:
State : Expires
ORI Relationship
AR0720100 Associated
Murphy #274
06-120355
Shooting
At approximately 3:43 AM, I was dispatched to Casa Torres in reference to a shooting
that had occurred inside the establishment. I arrived on scene approximately one minute
later and noticed individuals running eastbound across College Avenue towards the Sonic
on the east side of the road, then parked my vehicle at the McDonald's south of Case
Torres and made contact with Officer Sutley.
We then made our way down the side of Case Tones. While making our way down
there, we noticed individuals fleeing the scene. Some individuals stated there had been a
fight inside the club, but were not aware of any shots fired. We made our way to the
front of the business, where there was a physical fight in progress. At that time, Officer
Sutley intervened in the fight and pepper -sprayed one of the individuals. As Officer
Sutley went 10-15 with that individual, I stood by and waited for other officers to arrive
on scene before making entry into the establishment.
Officer McDaniel then arrived on scene, along with Sergeant Warren, and we attempted
to gain access to the building, which was locked. We looked in the glass doors and
noticed only a few individuals standing in the dance floor area of the building. After
repeated attempts of trying to get the people inside to unlock the doors to let us in, we
finally got inside the building; where we began to search the building, finding
approximately thirty people hiding inside the building. We then secured the scene for
CID. Sergeant Warren contacted CID.
Transcribed by M. McCandless
Copeland #306
06-120355 Supplement
On 11-26-06, at approximately 3:45 AM, Officers were dispatched to Case Torres in
reference to possible gunshots. When officers arrived, it was discovered that two people
had been shot. Dispatch was advised that one of the victims had been taken to
Washington Regional Medical Center by personal vehicle. Sergeant Warren then
instructed me to go to Washington Regional Medical Center to speak with this victim.
Once there, I made contact with a Hispanic male, Juan Rivera, date of birth 11-25-75. I
did notice that Juan had an entrance and exit wound on the right side. I then spoke with
him through a Spanish-speaking hospital employee, and also through is niece, Corrina
Tones. I asked both of them to ask Juan what happened. He said there were several
Hispanic males inside the club that seemed to be "gang -bangers". He said they all had on
dark jeans, white shirts and shaved heads. Juan said that these subjects were inside the
club starting some problems, and he was trying to tell them to calm down. Juan did say
that he worked inside the club. Juan said he then heard a gunshot, and then one of these
so-called "gang -bangers" punched him in the face. He said shortly after this, he got shot
in the back. Juan said there was one more gunshot, and then that it was all over. Juan
said he did not see who shot him, nor did he ever see a gun. He said he was then taken to
Washington Regional Medical Center.
Hospital staff had already taken Juan's shirt and placed it into a paper bag, and I did take
this shirt, and gave it to Detective Shepard. Detective Shepard and Detective Roberts
responded out to the hospital to speak with Juan, and took over the investigation.
Transcribed by M. McCandless
Vaught #291
06-120355 Supplement
On 11-26-06, at approximately 0343 AM, Central Dispatch advised that shots had been
fired at the restaurant club Case Tones on N. College. Several units responded to the
scene.
On arrival, I assisted Officer McKinney who located a subject that ran across. the road
from the club behind the business Acropolis. After assisting Officer McKinney with this
subject, Officer Sutley advised over the radio that he needed more officers to help clear
the club. On arrival at the club, all the doors to the business were secured and we were
unable to make entry right away. An employee of the club opened a secondary exit door
near the bar. Officers made entry and immediately observed several people trying to exit
the club.
Sergeant Warren and I began to clear a hallway that ran west to the south side of the bar.
Sergeant Warren cleared the middle bathroom. As I passed the bathroom; I observed
what appeared to be blood smeared on the doorjamb of the female restroom. I knocked
on the door and then entered. I observed a small pool of blood directly inside the door
and then several other small spots of blood located in the main bathroom. There were
also what appeared to be blood on paper towels lying on the counter. There was also
blood on a toilet stall door.
After the bathroom
was cleared and no one
was located, I exited and we continued down
the hallway to the next
room, which contained a pool table. Located in
there was another
small spot of blood.
However, no subjects
were located in there at this
time.
The scene
was then secured. and no one was
allowed to enter
or exit the building until the
detectives
arrived on scene and were able to
begin talking to
the witnesses.
Transcribed by M. McCandless
r�. McDaniel #282
06-120355 Supplement
On 11-26-06, at 3:43 AM, I responded to Casa Tones on N. College in reference to a
shooting. Dispatch advised that there had been shots fired but it was unknown at that
time if anyone had been hit. Officer Sutley and Officer Murphy checked on scene prior
to my arrival. They encountered a subject in the parking lotwho Officer Sutley had to
pepper spray, and Officer Murphy assisted him.
I advised I needed an officer to go in to clear Casa Tones. There were several people in
the parking lot, and I could see several inside the business. Myself and Officer Haney
made entry to the business. There were several people congregated in the area of the
dance floor. We made our way through a kitchen area, at which time I could hear
something moving in a what I believed to be a storage room towards the back of the
building. As I approached that room, I began to ply the doorway when I observed a shirt,
and a subject sitting in a corner. I ordered the subject out, and performed a quick pat
down for weapons, and he was escorted back to the front of the business with everyone
else. We cleared the rest of that side of the business without further incident. The
subject I encountered in the room was later identified as Oscar Sagastume. Everyone
who was left inside the business was put in the main room, which would also be the
dance floor. As we were getting everyone situated and finishing clearing, we observed
shell casings on the main room dance floor. As I walked back to check the bathrooms, I
observed blood on a wall as. well as several bloody paper towels in the women's
bathroom.
Later on, Officer McKinney was walking back to Casa Tones with three or four subjects.
He advised that one of the subjects, Mr. Gonzalo Garcia, was a very good witness to the
suspect who did the shooting. Mr. Garcia advised that he believed the shooting was
gang -related, and he did not want to point someone out in front of everyone. I advised
Mr. Garcia to go into the main room, and if he saw the person who he believed fired the
weapon, to tap his sweatshirt where I could see it. I observed Mr. Garcia enter the main
room, at which time he began looking at everyone inside. He turned to walk away, and
as he did, he tapped his sweatshirt two times, at which time I followed him outside. Mr.
Garcia advised that the subject I had found hiding in the back storage room, Mr. Oscar
Sagastume, was the shooter. I immediately escorted Mr. Sagastume outside, at which
time he was checked again for weapons.
By this time, Detectives had been called and responded to the scene. I advised Detective
French that Mr. Sagastume had been identified by a witness, Mr. Garcia. Detective
French, as well as several other detectives, took over the investigation.
Transcribed by M. McCandless
K. Willyard #210
06-120355
Shooting
On 11-26-06, 1 responded to 1673 N College to assist units with a report of a
shooting. While en route, I heard Officer McKinney radio that he had located some
possible suspects east of the scene, behind Acropolis restaurant. I arrived in the area and
first went to Acropolis. Officer McKinney had other units with him and the subjects
under control. Sgt Warren radioed that he needed more officers at 1673 College (Casa
Tones) to assist in clearing the building. I went to Casa Tones and found Sgt Warren and
other officers outside the front door on the north side. The doors were locked and they
were telling people inside to open the door. Eventually, someone opened the west door on
the north side and we entered. I stayed just inside the door to prevent people from leaving
while the other officers checked the building. Sgt Warren radioed that he needed some
help in the back to clear some rooms. Officer Sutley said he would watch the door and I
went to the southwest corner of the building and met Sgt Warren who was coming out.
Sgt Warren said they had cleared all of the rooms. I looked down and saw an automatic
pistol ammunition magazine on the floor at the left side of the men's room threshold. The
ammunition appeared to be 25 Auto or 380 Auto. Sgt Warren and I went into the men's
room to look for a pistol but we did not find any. The toilet was apparently stopped up
• and water was overflowing. I turned off the water supply valve to the toilet. We had
everyone in the building go to the dance floor area on the east end of the building. There
were about 20 people inside.
Officer Dawson pointed out two empty shell casings on the northern side of the dance
floor. I stayed in the dance floor area and watched the people for a few minutes until
Officer Vaught told me that there was a man bleeding near the southwest corner of the
dance floor. I took the man outside and had him sit on the sidewalk while Central EMS
responded. The man had blood on his right ear but it was only bleeding very lightly. I
asked the man his name and he told me he was Modesto Resendez (1-2-83). Resendez
said he thought he had been shot but did not see who shot him or know why they shot
him. Resendez was dazed and dizzy and could not talk very well. Central EMS arrived
and examined Resendez. When they wiped some of the blood off of his ear and pulled his
ear lobe down, I saw a circular puncture wound just below his ear canal opening. I looked
on the left side of Resendez' face and saw a small knot with a small cut on top of it. There
was a small amount of blood around the cut. Central EMS put Resendez on a gurney and
transported him to WRMC. Sgt Warren told me to go to WRMC to assist Officer
Copeland, who was there with another shooting victim.
On the way to WRMC, I heard radio traffic that the suspect may be in a small red car.
I had passed a small red car traveling north on College just north of the scene. I stopped
and waited for the car (a red Toyota with AR VL 669 KNZ). The car traveled past me
and I stopped it at College and Joyce. I,determined that the driver, Justin C. Davis (10-
23-84), was probably not involved in the incident.
I arrived at WRMC and met with Officer Copeland. After Resendez was initially
assessed and waiting for additional tests, I asked him again about the incident. He told me
again that he did not see who shot him and does not know who shot him. I stayed there
until Detectives Shepard and Roberts and Officer Segura arrived to interview the two
victims. Once they were finished with the interviews, I left WRMC and returned to Casa
Tones. I stayed outside in the north parking lot until Sgt Warren released me.
McKinney #281
06-120355 Supplement
Casa Torres Disturbance
On 11/26/06, at approximately 3:43 am, I responded to the Casa Torres business located
at 1673 North College Avenue in reference to a report that someone had been shot.
Several other officers responded with me. A few minutes later, Officer Murphy
broadcast that he had arrived at the call location and observed a person running from the
scene eastbound toward the Sonic Drive -In. Officer Sutley broadcast that he had also
arrived at the call location.
I arrived in the area a few moments later and drove to the parking lot of the Acropolis
business at 1618 North College Avenue. It was my intention to locate the person that
Officer Murphy had observed running from the scene. I exited my patrol unit and began
to walk into the enclosed area at the rear of the building. A Hispanic male emerged from
a dense thicket of bushes on the southern boundary of the property and approached me
with his hands raised in the air. I was holding a department issued shotgun.
I broadcast that I had located the person that had ran from the scene. Officers Lindabury
and Bailey joined me almost immediately. The subject cooperated and was detained.
The subject verbally identified himself as Israel Chavarria. Chavarria was wearing a
medium blue short sleeve tee shirt with a white circle and diamond design on the front.
He was also wearing a longer sleeved dark blue tee shirt underneath the outer shirt.
Chavarria was visibly upset. His eyes were large and he was taking short shallow
breaths. I could see that the blood vessel on the right side of his neck was beating
quickly. Chavarria swallowed continuously.
I spoke to Chavarria for a few minutes and he began to calm down. Chavarria spoke
limited English but was able to communicate the following:.
Chavarria had been at Casa Tones with his friends. A Hispanic male wearing a white
shirt became involved in a verbal confrontation with Chavarria's friend. The Hispanic
male involved in the confrontation was also bald. The male then shot one of Chavarria's
friends in the torso. Chavarria pointed at his right side when he made this statement. The
friend who was shot was named "Juan". Chavarria then ran from Casa Tones because he
was afraid that the Hispanic male with the gun would shoot him next. The Hispanic male
with the gun was accompanied by two other Hispanic males. One of the males was
wearing a black tee shirt. The other male was wearing a white tee shirt. He did not know
the name of the Hispanic male who had the gun. Chavarria also did not know the name
of the other two males.
While I was speaking to Chavarria in the parking lot of the Acropolis business, Gonzalo
Garcia and Ada Quiroz walked to our location from the southern parking lot of Casa
Tones. I watched them while they were in route. When they reached our location
Gonzalo Garcia asked Chavarria if he was "ok". Garcia spoke fluent English. Garcia
was also visibly excited. He was speaking rapidly and moved his arms when he spoke.
Garcia reported the following:
Garcia had been at Casa Torres with Chavarria and other friends. A Hispanic male had
"started trouble" with him and others. The male displayed a gun and began shooting.
Garcia knew that someone had been shot. Garcia had gone to Springdale High School
with the male that fired the gun. Garcia knows the male as "Franklin". "Franklin" was in
•the 10'h grade in 2003 and the 11'h grade in 2004. "Franklin" wa•
s wearing a white shirt
and had very short black hair. Gonzalo Garcia also stated that "Franklin" had a brother
named "Alex" and that "Alex" had also been at Casa Tones during the disturbance.
Quiroz stated that she did not see the person with the gun. She only heard the shots and
witnessed the ensuing confusion.
I walked to Casa Torres with Chavarria, Garcia, and Quiroz. Upon our arrival in the
south parking lot, we met a group of people that were acquainted with Chavarria and
Garcia. Aldolpho Juarez -Hernandez, Aldolpho Herrera, Armando Salas and Hector
Verde -Cruz were present in this group.
No one in this group stated that they saw the male with the gun. Verde -Cruz stated that
he was in the bathroom when he heard the shots. Verde -Cruz held the door closed to
protect himself and the other people in the bathroom. Verde -Cruz further stated that he
remained in the bathroom until the confusion settled down. Verde -Cruz was fluent in
English. He assisted me while I spoke with Chavarria and confirmed the information that
he had provided earlier.
I took this group of people around to the front of Casa Torres and joined other officers on
scene, Sgt. Warren was on scene and was the incident commander. I briefed Sgt. Warren
on the information that I had learned from Chavarria and Gonzalo Garcia. I also
introduced them to Sgt. Warren.
Numerous other officers were on scene and I left Chavarria and Gonzalo Garcia in their
presence. I returned to the area behind the Acropolis business and searched the dense
thicket that Chavarria had emerged from. I also searched the open area on the north side
of the Acropolis building. I did not locate anything of interest.
Upon my return to Casa Tones, Sgt. Warren informed me that Gonzalo Garcia had
identified a person that was still present at the business as "Franklin".
I was standing at the front entrance to Casa Tones with Gonzalo Garcia. Garcia pointed
to a red Honda Civic that was parked in the western edge of the Casa Torres parking lot
and told me that this was "Franklin's" vehicle. We walked to the vehicle and Garcia
maintained that he was certain this vehicle was driven by "Franklin". Garcia stated that
he had seen "Franklin" driving the vehicle in the past. I observed that the vehicle was a
red Honda Civic displaying Arkansas vehicle license 510 KHB.
I walked throughout the parking lot of Casa Torres and the adjacent buildings. I recorded
the following vehicle licenses and their corresponding vehicles that were parked at or
near Casa Torres: 916 ICE Chevrolet Pick up, 214 JZI Honda passenger car, 379 JFG
Ford Expedition, 658 KOX Ford Expedition, 246 LER Saturn passenger car, 050 KIO
Ford Pick up, 911 JCF Dodge Pick up, 490 LEE Ford van, 541 KLL Lincoln passenger
car, 427 EHP Honda passenger car.
Later, when I entered the main dance area of Casa Tones, I observed that Officers Haney,
Vaught, and Murphy were securing a portion of the dance floor. I also observed that
items of evidence had been marked by Styrofoam cups. Numerous patrons were setting
in chairs along the south wall of the business.
Detectives arrived on scene along with the department evidence technician.
Later, Sgt. Harter arrived on scene. I began a walk through of the business with Sgt.
Harter. We entered the room in the southwest corner of the building. This room was•
accessed by following the hallway from the main dance floor west past the bathrooms.
Inside this room, we observed a pool table in the center of the room. A shelf was
mounted on the west wall. Numerous open beer bottles were setting on this shelf. I
• observed a pile of cigar tobacco on the south end of this shelf. A cigar wrapper was lying
in the pile of tobacco. Directly adjacent to this pile of tobacco was several very small
pieces of marijuana and two marijuana seed. I observed several more small pieces of
marijuana and marijuana stems on the north end of this shelf. I also located a small piece
of plastic bag that was lying in the floor between the pool table and the west wall. The
• piece of plastic bag was melted on one end. Inside the plastic was a white powder
residue. Sgt. Harter requested that I collect the marijuana and piece of plastic with white
powder residue. There was also a table located in the southeast corner of this room. A
very large stereo speaker was setting on top of this table. Numerous empty beer bottles
• were setting on the table also. Evidence technician John Brooks photographed this room.
Additionally, I rotated with Officers Haney, Vaught, Lawson, McDaniel, and Reed in
securing the evidence located on the dance floor.
Later, I was relieved by Sgt. Warren and returned to the police department. The
marijuana field-tested positive as marijuana. I weighed the marijuana while it was still
inside the small paper sack that I had collected it in. The weight was .2 grams. I then
weighed another identical paper sack. The weight of the empty paper sack was also .2
grams. I secured the marijuana and piece of plastic into the evidence room.
**
Sgt. John Warren #188
Case Supplement #2006-120355
Page 1 of2
On 11/26/06, at 3:43 AM, Officers were dispatched to Casa Tones for a report of a
shooting. We received word that at least one person was shot and was being transported
to the hospital by personal vehicle. When I arrived, other Officers were already on the
scene, including Officer McDaniel who had requested help with clearing the building. I
parked my car on Sycamore and entered the north parking lot on foot.
I went to the main door, which I found to be locked. A Hispanic female came to the
door and said that she did not have a key. I told her to get a door open so that we could
enter. After a short time, a door just to the west of the main entrance was opened.
Officers, McDaniel, Haney, Murphy, Dawson, Vaught, and I entered to clear the
building. This door enters by the bar, with the kitchen area being to the right (west) and
the dance floor being to the left (east). I went to the dance floor area. I noticed only three
to four people in this area. I also noticed blood on the floor. I moved to the east down a
hallway that contains two restrooms and leads to a room with a billiard table. As I started
down this hallway, [noticed. a large group of people moving towards me. I called for
assistance, and Officer Vaught, along with Officer Willyard who had entered the building
by this time, came to assist me. All of the subjects moved to the dance floor area. Some
were moving towards the exit. I told everyone that no one could leave, and to take a seat.
Everyone complied. We seated everyone along the south wall, away from the blood that
was located on the dance floor. I would estimate that approximately thirty people were
still inside the building. Among the people located in the building was another gunshot
victim. He was escorted outside and transported by CEMS. Everyone else remained in
the business. After the initial clearing; Officer Willyard and I were in the hallway outside
the men's room. We noticed a .380 semi auto pistol magazine lying in the floor just
outside of the men's room door. The magazine was partially loaded; it was a Kel Tec
brand. I picked up the magazine and secured it in my car until it was later turned over to
CST Brooks. A CID 7.form was completed.
Once the scene was secured, I had Officer Copeland go to the WRMC to make contact
with the first gunshot victim. After the second gunshot victim was located, I sent Officer
Willyard to the hospital with him. During this time, I made contact with Sergeant
Franklin to brief him with what information I had. He advised that Detectives would be
on the way. Also during this time, Officer McKinney had located two witnesses. One of
the witnesses later picked out the suspected shooter from the subjects still inside Casa
Tones. The suspect was brought outside by Officer McDaniel and patted down for
weapons. Officer McDaniel informed me that he had found the suspect hiding in a
storage room in the kitchen area when he and Officer Haney were clearing that section.
Also during this time, Officer Dawson found a shell casing, a spent bullet, and clothing
and jewelry on the dance floor. The clothing and jewelry were believed to be linked to
the suspect. Officer Dawson marked these items with Styrofoam cups and left them in
place for the Detectives.
Sgt. John Warren #188
Case Supplement #2006-120355
Page 2 of 2
Detective French, along with Officer Allen and CST Brooks were the first
investigators to arrive. Detectives Shepard and Roberts, along with Officer Segura,
arrived later after they finished interviewing the victims at WRMC. In addition, Sergeant
Harter and an ABC Agent also responded. I spoke with the ABC Agent present about
possible violations I observed in the business. It is my understanding that Casa Tones is
classified as a restaurant. In the kitchen area, the ovens appeared to be nonfunctioning.
One oven appeared to be gutted. The freezer was not working and was quite warm inside.
The only food items I observed were a few bags of tortillas and some chips. There were
at least two underage people present when the shooting occurred; a sixteen year old white
female who was pregnant and a nine or ten year old Hispanic male who was sleeping in
the DJ area. Both subjects were identified by Detectives. All subjects present in the
business were photographed as their personal information was gathered and statements
took.
• I, along with Officers McKinney and Lawson, were the last Night Shift personnel to
clear the scene at 8:39 AM. Morning Shift Officers Reed and Selvey had arrived to assist
• the Detectives. Please see the additional reports filed by Officers and Detectives for
further information.
Case #2006-120355
Det. Paul Shepard
11/28/06
Investigative Supplement
On Sunday, November 26, 2006, at approximately 4:20am, I received a telephone
call from Detective Sergeant Franklin concerning a shooting at 1673 North College (Casa
Tones). Detective French contacted me shortly after and asked me to go to WRMC to
speak with the two victims. Detective Roberts, Probationary Officer Segura, and I
traveled to WRMC.
Upon arrival, we met with Officers Willyard and Copeland. Officer Copeland was
the first to arrive at WRMC. He explained the two victims were stable and both were able
to speak. The first victim, Juan Rivera, was the brother-in-lawof the owner of Casa
Tones. Juan said four Hispanic males dressed in blue -jeans and white shirts began to
fight inside the establishment. Juan tried to break up the fight and was punched in the
face. Then, he heard three gunshots. He felt pain in his lower right abdomen and realized
he had been shot. He was unable to identify the shooter. He said after the shots were
fired, people began to run everywhere. He had his niece transport him to WRMC.
I photographed Rivera's wounds. There was an obvious gunshot wound to his
lower right back. There was evidence of stippling and powder bums around the entrance
wound indicating a close -contact shot. The exit wound was in the victim's lower right
abdomen. The two wounds were fairly close together. Hospital staff said the bullet did
not strike any internal organs. It only traveled through the fatty area before exiting the
front side. Rivera did not speak English. Probationary Officer Segura and Rivera's niece
translated. Rivera indicated the suspects appeared to have gang affiliations based on the
colors they were wearing and the argument that preceded the fight was over.gang-related
issues. Rivera was released from the hospital after I completed my interview and
collected the photographs.
The second victim, Modesto Resendez (1/2/83) was uncooperative to say the
least. According to a nurse, Daisy LNU, Resendez explained to her he had been
associated with Sur 13 at one point, but no longer had any affiliation. He.had seen the
suspects on a previous occasion and they tried to fight him then. Resendez told Daisy
they wanted to fight again. So, he told them he would fight, but without guns or knives.
The next he knew, he had been shot.
However, when Officer Segura, Detective Roberts, and I interviewed Resendez,
he denied knowledge of any gang activity. He described the subject who shot him as a
Hispanic male, short, with shaved hair. The suspect was wearing blue -jeans and a white
shirt. I noted while Resendez was talking to me, he spoke fluent English. However, he
appeared more comfortable speaking Spanish with Officer Segura. While he was
speaking with her, he began flashing gang signs with his right hand. Officer Segura
commented on this, and he became defensive. Resendez would not tell me why the fight
started. He kept avoiding the question and complained his throat hurt. However, as
mentioned before, he spoke with Officer Segura without hesitation.
Case #2006-120355
Det. Paul Shepard
11/28/06
Investigative Supplement
While speaking with Resendez, I photographed his face. Resendez had a gunshot
entrance wound on his right cheek near the ear. The wound was bandaged and the nursing
staff requested we not remove it due to possible infection and/or bleeding. The victim had
a clear bandage on his left cheek. According to the medical staff, the bullet entered the
right cheek and traveled through to the left cheek without striking anything vital.
Resendez' face was swollen on both sides. Blood was present, but I did not note any
stippling or powder bums. This indicated the gunshot was not a close -contact wound.
Resendez said he did not know the names of any of the suspects. He told us
(police) he had not seen them before. This differed from his version of events told to
Daisy.
INCOMPLETE DOCUMENT.....
Officer Dawson #305
Supplemental Report
Case #2006-120355
11/27/2006
On November 26, 2006 at approximately 3:43 am, I responded to a call at 1673 North College
Avenue, Casa Tones, in reference to a shooting. Upon arrival at Casa Torres I noticed that all of
the exterior doors to the business were locked, however; you could see people inside.
Approximately a minute later an employee from the inside of the business and unlocked the north
door.
Once inside of the building, I along with several other officers began clearing the building
attempting to locate a possible subject, while inside I came into contact with approximately 30-40
individuals in the club. Once inside I noticed that there was blood on the dance floor area, at
which time we started clearing all of the individuals in the building and had them sit against the
southern most side of the building. Once the individuals were off of the dance floor area, I then
found two shell casings, which were 380 caliber. Some whit Styrofoam cups were placed on top.
of the shell casings to prevent any type of tampering. I also found a brass slug on the dance floor
as well; a white Styrofoam cup was placed on top of this as well to prevent tampering. Once all of
the evidence had been marked with Styrofoam cups, units placed a yellow crime scene tape
around the dance floor to prevent anyone from contaminating the area by walking through it.
While in the business I found a nine to ten year old Hispanic male asleep on the east most side of
the building, inside by the DJ equipment. He appeared to have been asleep and appeared to have
been asleep through the entire shooting. We believed the child to be the child of one of the
employees. I also noticed that several individuals were still consuming alcohol and at that time it
was between 3:45-4:00 am. CID was notified and Detective French and Detective Brooks
responded to the scene. After the Detectives arrived 1, along with Detective French, were on the
northwest side of the building speaking with a subject who only identified himself as Oscar
(unknown spelling) who at first gave us a date of birth of 02/19/1988 and then later gave us the
date of birth of 02/19/1986. Several subjects inside referred to him as Franklin. When asked he
stated that he knew no one named Franklin.
Shortly after Detective French advised that the subject was going to be placed under and arrest at
which time I handcuffed the subject and placed him into my vehicle. Detective French advised
that he needed to be taken to the Washington County Jail and fingerprinted for a positive
identification. While at the Washington County Jail, the subject advised that his true name was
Oscar Paul Franklin (unknown spelling), date of birth 12/19/1986. ACIC check on that name and
date of birth showed a Springdale Failure to Appear Warrant for No Driver's License.
I transported Mr. (unknown) back to the station where Detective French interviewed him. Prior to
the interview with Detective French I conducted a GSR Test on the suspects hands, which was
later turned over to Detective Brooks.
Transcribed by LRota
Harter #152
2006-120355
Casa Torres
On 11-26-06, Investigators Shepard and Brooks reported to me a shooting occurred in the
ABC permitted establishment Casa Torres. They had further concerns that the outlet had
violated several ABC rules. I contacted ABC Agent Howard Robinson and responded to
Casa Torres at 7:00 a.m. on 11-26-06.
My first observation was seeing the manager Arturro Torres on the street and curb of
Sycamore outside the outlet cleaning up trash that included beer bottles. Inside, I
received information from officers that the shooting had occurred at approximately 3:45
a.m.
I toured the establishment noting its condition. The outlet was messy, and I documented
discarded beer bottles and other items in various locations throughout the outlet. The
condition of the outlet was evidence to me that patrons had possession of alcoholic
beverages after the legal time of 2:00 a.m.
In the central area for patrons located east of the bar, I took a count of the number of beer
bottles on the floor. There were eleven beer bottles in this area. In this central area was
the presence of broken glass that was a Corona Beer Bottle. In this area near the south
wall, I inspected an industrial sized trashcan that was full of empty beer bottles. In the
area of the southwest wall, there were two troughs. These troughs contained liquid a few
inches deep in the bottom and several beer bottles that had been discarded. In the
patrons' area of the northeast wall, I located an industrial sized trash can that was full of
beer bottles. On the north wall of the patrons' area, again east of the bar, I located a large
vodka bottle that washalf--full.
Down the hallway to the west, past the bathrooms, and located in the southwestern part of
the building, we inspected a room that is potentially not permitted for alcoholic beverages
and patrons by the ABC permit. The room entry has a working door with a deadbolt
lock. Inside the room is a pool table and a bar running the length of the wall on the west
wall. Marijuana was located on the top of this bar as well as cut marks on the surface of
the bar. I also observed a cut cigar on the floor near the pool table and a small plastic bag
with white residue. Officer McKinney collected the marijuana and the small plastic bag
as evidence. I made note that this room with the pool table had several empty beer
bottles throughout.
As I inspected this room, I
believed it
to be the same
room reported by
an anonymous
person on a previous date.
The report
was taken on 11-9-06
and stated
the following
information: "Anonymous source came to CID lobby today. She reported that on Saturday October 28th at
approximately 0300 hrs she and a friend were at Casa Torres, Sycamore/College. The anonymous source advised
she was not drinking that night due to she was the designated driver. As they walked down the hallway to the
restrooms, there was a room on the opposite side of the hallway being guarded by a bouncer. He offered to let
them in for a 5 dollar cover charge. The complainant advised they had already paid a 5 dollar charge at the door,
the bouncer informed them this was a special room. Source advised there was a very strong odor of marijuana
coming from this room and that the room was occupied by several people. After going back to the bar, someone
came in saying the police were on their way; the bartenders went around grabbing everyone's drinks and dumping
them out. Everyone was then asked to leave around 4am and no more drinks were served. The source saw
several people filing out of the "special party" room. She thought this was suspicious and wanted to report it."
Fayetteville District Court Business History
Record: Arturo Torres for 1673 N. College
6-9-04 Failure to Pay HMR Tax (Guilty)
8-1-04 Operating without City Alcohol Permit (Guilty)
8-1-04 Dispensing Alcoholic Beverages After Hours (Guilty)
8-4-04 Operating without City Alcohol Permit (Guilty)
5-22-05 Violation City Noise Ordinance (Guilty)
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THE CITY OF FAYETTEVILLE, ARKANSAS
ACCOUNTING DIVISION
TO: Sergeant Jay Hatter, Fayetteville Police Department
FROM: Kristin Atha, Revenue Clerk
THRU: Shelly Turberville, Accounting Coordinator.
DATE: December 5, 2006
RE: Casa Torres Tax Payments
Please see the attached schedule of payments received from Casa Torres. for the months of December 2004 —
October 2006. The beer and wine sales are included with the food in the Hotel, Motel, and Restaurant (HMR) Tax.
The On Premises Beverage Tax is only charged on mixed drinks. There are only two months in which the taxes
'ere paid on time, all other months, payment has been late and penalties have been accessed.
113 WEST MOUNTAIN 72701 479-575-8287
FAX 479-575-8273
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City of Fayetteville Planning Department Report
Letter from Jeremy Pate- 12-05-06
Letter from Jesse Fulcher- 5-24-05
Letter from Jesse Fulcher- 5-24-05
Certified Mail Record- 5-25-05
Copy of Business Advertisement
ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS
125 W. Mountain St
•Fayetteville, AR 72101
PLANNING DIVISION CORRESPONDENCE Telephone; (479) 575-8267
O.1E. iii yii4T
Sergeant Jay Harter
City of Fayetteville Police Dept
RE: 1673 North College Avenue — Casa Tones
Sergeant Hatter.
The Planning Division of the City of Fayetteville would. like to offer the following information in your
continued research into this property. The most recent Certificate of Zoning Compliance, which is required for
any business operating in the City of Fayetteville, was issued by this office on July 09, 2004 for a business
operating as Balderas Mexican Restaurant. A Certificate of Zoning Compliance has not been issued for the
subject business at 1673 North College Avenue, operating as Casa Torres Restaurant
Withaegard to complaints and code violation investigations, from July 26, 2002 to Octobei.of 2005, there have
been:six.separate code violation investigations on this property. Many:of these code:violations were in
conjunction with the City's Sign Ordinance, though two were identified as noise and grass/weeds violation,
respectively.
On May 24, 2005, the City of Fayetteville Planning Division sent a Certified Mail Violation Notice to the
subject property owner, Globe CEO, LLC do Mr. Hossein Kouchebbagh,and to the'tenant of the property,
Casa Toms do Mr. Arturo Tones, for a complaint related to investigations that the site.was operating as a
night club that provides dancing. Without a Conditional Use Permit in this location, a night club that provides
dancing is a violation of Chapter 162.01 of the Unified Development Code of the City of Fayetteville. No
further complaints have been lodged, and any subsequent investigation has not revealed a night club in
operation, to my knowledge. However, I do not believe this office has formally investigated.the matter further,
for no complaints have been filed m the matter. -. , < > = ..;-,
Sincerely, .
Jerem C.
if of Current Planning
Attch: Violation Notices, Flyer advertising dancing
cc: Gary Dumas, Director of Operations
Kit Williams, City Attorney
1 L IJerearyu006Qnespo dorceiCam Tenetth,e
FAYETTEVILLE
TBE CITY OF FAYETTEY►LLE, ARKANSAS
low. Moaetao SL
Far tev AR 72701
Tdaphoac 5753264
PLANNING DIVISION CORRESPONDENCE
Violation Notice
May 24, 2005
Globe CEO, LLC
do Hossein Kouchehbagh
1225 Canterbury
Fayetteville, AR 72701
Re: Zoning Violation
We have received a complaint regarding Casa Tones Restaurant located at 1673 N. College. City
staff has investigated this complaint and determined that a night club that provides dancing is
being operated at this location. This property is zoned C-2, Thoroughfare Commercial, which
does allow for a night club, however, establishments that want to provide dancing must apply and
be approved for a Conditional Use Permit by the Fayetteville Planning Commission. Therefore,
your property is in violation of Chapter 162.01 of the City of Fayetteville Unified Development
Code.
You are hereby given notice to correct this violation within 30 days from receipt of this letter. If
the matter is not resolved to the satisfaction of the city at that time, the City Prosecutor will be
asked to take immediate action. If the violation is corrected prior to the criminal summons being
requested, you may contact the Planning Division for an inspection to verify the violation has
been corrected.
We are also writing to notify you of the serious nature of continuing the violation. A violation of
the provisions of this chapter shall constitute a misdemeanor. Any person who violates this
ordinance or fails to comply with any of its requirements shall upon conviction thereof be fined
not less than $25.00 and not more than $500.00. Each day such violation continues shall be
considered a separate offense.
The owner or tenant of any building, structure, premises, or part thereof, and any architect,
builder, contractor, agent, or other person who. commits, participates in, or maintains such
violation may be found guilty of a separate offense and suffer the penalties provided.
The city may take such other lawful action as is necessary to prevent or remedy this violation.
An appeal may be filed with the Board of Adjustment if you are aggrieved by an interpretation or
decision regarding this matter. If you have any questions or need more information regarding this
letter, please contact Jesse Frilcher, Associate Planner, at 575-8264.
Y
her
Associate Planner
cc: Jeremy -Pate-Zoning and Development Administrator
- ............... ..... .n...... ... .. ... .. .... .. .. ._. .........-.... ..... �..... ............ ..-...............--.. .�..... .-.........
FAYETTEVILLE
THE CM or FAYEr ITVI13,E, ARKANSAS'
113 W. Maastaia St
Faystavile, AR 72701
Tftbow. 575 6261
PLANNING DIVISION CORRESPONDENCE
Violation Notice
May 24, 2005
Casa Torres
1673 N. College Ave.
Fayetteville, AR 72703
Re:. Zoning Violation
• Dear Mangement:
We have received a complaint regarding Casa Torres Restaurant located at 1673 N. College. City
staff has investigated this complaint and determined that a night club that provides dancing is
being operated at this location. This property is zoned C-2, Thoroughfare Commercial, which
does allow for a night club, however, establishments that want to provide dancing must apply and
be approved for a Conditional Use Permit by the Fayetteville Planning Commission. Therefore,
your property is in.violation of Chapter 162.01 of the City of Fayetteville Unified Development
Code.
You are hereby given notice to correct this violation within 30 days from receipt of this letter. If
the matter is not resolved to the satisfaction of the city at that time, the City Prosecutor will be
asked to take immediate action. If the violation is corrected prior to the criminal summons being
requested, you.may contact the Planning Division for an inspection to verify the violation has
been corrected.
We are also writing to notify you of the serious nature of continuing the violation. A violation of
the provisions of this chapter shall constitute a misdemeanor. Any person who violates this
ordinance or fails to comply with any of its requirements shall upon conviction thereof be fined
not less than $25.00 and not more than $500.00. Each day such violation continues shall be
considered a separate offense.
The owner or tenant of any building, structure, premises, or part thereof, and any architect,
builder, contractor, agent, or other person who commits, participates in, or maintains such
violation may be found guilty of a separate offense and suffer the penalties provided.
The city may take such other lawful action as is necessary to prevent or remedy this violation.
.An appeal may be filed with the Board of Adjustment if you are aggrieved by an interpretation or
decision regarding this matter. If you have any questions or need more information regarding this
letter, please contact Jesse Fulcher, Associate Planner, at 575-8264.
S' y,
J ulcber
Associate Planner
cc: Jeremy Pate -Zoning and Development Administrator
-.-�.....e: 1. l pill1t Jul llliipit
L'Y
:. [ •ii �6i �i in lav
( III,I I Io III
U.S. Postal Service,::
CERTIFIED MAIL-:.: RECEIPT
(Domestic Mail Only; No insurance Coverage
For delivery information visit our
ENTRADA GRATIS ANTES BE LAS 11PM
(12.27.06) Clarice Pearman - Res. 215-06 Page 1'
From: Clarice Pearman
To: Tabor, Greg
Date: 12.27.06 4:08 PM
Subject: Res. 215-06
Attachments: 215-06 Casa Torres Permit Revocation.pdf
CC: Audit
Chief,
Attached is the above resolution passed by City Council, December 19, 2006 regarding the revocation of permit of Casa
Torres. If anything else is needed please let me know.
Clarice Buffalohead-Pearman, CMC
City Clerk/Treasurer Division
113 West Mountain
Fayetteville, AR 72701
479-575-8309
cpearman@ci.fayetteville.ar.us