good morning thank you all for joining we will get started in just a moment as a reminder when you are entering from the waiting room please do remain on mute unless or until you are providing testimony before the board good morning this is a hearing
before the licensing board for the city of Boston today is Tuesday February 11th 2025 today's hearing is being held pursuant to Temporary amendments to the open meeting law that is what allows us to meet virtually today's hearing is being recorded and will be posted to the city of Boston's
website before I review procedural matters I will introduce chairwoman of the board Kathleen Joyce good morning my name is Kathleen Joyce and chair of the Boston licensing board today I'm also joined by commissioner Liam curan and commissioner Kiana Saxon thank you please ensure that your
audio and visuals are working properly if you are providing testimony before the board we'll call each item in the order that it appears on this morning's agenda I will note that we will be calling one item out of order um which is item number seven that will be called first before we move to the beginning of the
agenda once I call each item into the record I will then ask who is present on behalf of the ly who is present on behalf of the Boston Police Department and whether there are any other individuals with firsthand knowledge of the alleged incident I will then swear in all parties after that the police report
will be read into the record and the leny or the representative will have the opportunity to make a brief statement followed by questions by the chair and Commissioners again all testimony will be limited only to those individuals with firsthand personal knowledge of the alleged
incident as stated we we will begin this morning with item number seven before returning back to the top of the agenda calling item number seven Emanuel Enterprises LLC located at 71 to 73 Meridian Street in East Boston date of the incident December 18th
2024 assault and battery Pat on police officer in violation of Mass General Law chapter 138 section 64 and chapter 265 section 13d and intoxicated disorderly Patron causing a disturbance on public way in front of license premise in violation of Mass general laws chapter
138 section 64 who is present on behalf of the lcy hello my name is Jorge saal I am the assistant manager thank you for being with us this morning who is present on behalf of the Boston Police Department I am detective
hernandz thank you are there any other individuals with firsthand knowledge of the alleged incident who wish to testify uh no thank you can you both please raise your right hand do you truth the whole truth and
nothing but the truth I do I do thank you Hernandez if you could please read the police report to the record for the board good morning I'll be reading from a police report which I wrote on Saturday December 21st 2024 CH detective William Gallagher and detective Eddie Hernandez assigned to the BPD license PR
unit responded to ldon detectives were there to speak to staff regarding an privault and Battery Patron on police officer the incident had occurred on December 18th 2024 C incident number 2 42106 343 detective spoke to the person
in charge Mr ores subal who confirmed that he was aware of the incident and had working that evening Mr sa saal was informed by detectives to preserve any video footage of the incident as a result of the incident signed T to Gallagher issued license PR inspection notice
01794 for assault battery uh Patron on police officer and intoxicated Sly Patron causing disturbance outside of the premise Sub sub Val side for accepted Notice off if you'd like I'm going to read the original report here
thank you at about uh 2:10 a.m. on Wednesday to cember 18th officer Sago and Hogan while assigned to the golf 101 Alpha responded to radio call for investigate suspicious person at 7173 Meridian Street at East Boston while in route to
call area A dispatch officer notified officers description of was a Hispanic male with a a mild build in the mid to late 30s wearing a red jacket blue shirt black jeans and black shoes along with
along withc maale small build clothing description area A dispatch notified officers persons were knocking on the glass of the establishment which was closed on arrival officer saw two persons matching the description given
by Officer to officers by area a dispatcher in front of the bar lamon 7173 Muran Street both persons were looking and banging on the glass officers notified both parties of bers closed at 2: a.m. and now 2:15 the
suspect later identified as Wilmer Mahia Sanchez stated he noticed at the bar overcharged him officers told him the bars closed and he would have to come back during normal business hours officers Mia Sanchez and his friend later identified as Jose Sanchez Al Rano
Multiple Man to stop banging on the glass and leave the area Sanchez Al Alfaro attempted to get Mia Sanchez to leave the area and pushed him and refused Mia Sanchez told Sanchez
alaro to not be scared ofed to look in the window should be noticed Al Mando was also on scene bar man later identified as pH saal stated to profor Hogan both parties were
patrons and left about 10 minutes prior during closing time and there was no issue subal then then stated that both returned after and were banging look and looking into the window scaring all of the female workers saal stated all of
his workers wanted to go home and were waiting until both parties stopped causing a disturbance subal stated both parties were drunk officers gave more ver verbal commands to Sanz Alfaro and Mia sanes to leave the area Santiago walked over to Mahia Sanchez who kept
moving around the area explained again whatever issue he had the bar must be handled during normal business hours because they are closed it should be noticed offic Santiago spoke in both English and Spanish it was clearly understood while officer Santiago was
standing in front of Mia Sanchez attempting to explain the situation and get him to leave the era he pushed the officer in the chest officer Santiago grabbed me s's arms so they would stop pushing him and immediately felt him tense off tense up so officer Santio
conducted a takedown while he sanes from the ground officer Hogan took out his cuffs and attempted to place them but Mia Sanchez continued flailing his body and arms a told stop and he continued his behavior after about a minute
officer Hogan was able to place a suspect in handcuffs officer Santiago searched Sanchez Mahia and placed him in Boston police Cruis after several attempts uh due to him resisting by keeping his feet outside of the cruiser once inside the cruiser the suspect
began to yell radically the suspected he had pain in both hands Boston EMS was repressed to the scene while awaiting Boston EMS officers readjusted his handcuffs while doing so the suspect laid completely out on the bench face
down continued to scream even after the adjustment to the Cuffs uh Boston EMS a27 emt's Quinn and McCoy arrived on scene Boston ms27 827 evaluated The Suspect with the time claimed he had no problems and was fine
Boston EMS 827 asked a suspect if he needed to go to the hospital which he declined I Santiago as a suspect where he lived and he declined to answer Al Santiago told the suspect he could be brought home and summoned to court to
which he stated take me with you uh while in the cruiser transporting the suspect to nashal Street the suspect began to hit his head off the glass in the and yel uh the suspects also stated off Santiago in Spanish he will see me later throughout the entire car ring continue
to issue verbal threats to officer Santiago along the lines of you're are making a mistake and will find out and will be found out outside of work um at Nashville booking process was extremely long due to the suspect's non-cooperation the suspect also issu
threats at Nash she saying to officer Santiago may God bless his family the suspect was eventually booked at ntion stream charg with disturbing the peace and BM police officer resisting arrest arrest and threat to Comm of
crime body warn camera on and activated doing this fraction that is the original report that's all thank you very much detective Mr Sabal would you like to address the alleged incident uh yes so that night um Mahia
he's a he's a regular the bar every time he comes in he shakes my hand he we have small talk uh that night it's the first night he every time he comes he comes alone uh that was the first time I ever see him come in with a with a friend uh
they arrived at the bar around 135 140 uh which the lights we turn on the lights at 145 uh they they were there for a little bit um they left and then they came back 20
minutes 20 minutes later and started banging on the door I didn't even know who was banging on the door uh they started getting really loud out there I the girl the girls in the bar were were scared so I had to call the cops the cops arrived and that's
when that whole that whole problem happened but the the guy's regular every time he comes in he's he's polite nice guy I don't know what happened that night uh when he left he shook my hand I told him have a good night he wasn't overcharged he he we was he wasn't
overcharged we told him he told me about the incident I told him to come back tomorrow and I don't know what happened with those 20 minutes where he left and then came back but he was a totally different person when he when he when he was outside banging on the
door thank you very much we'll see if there are any questions from the board at this time cherman Joyce any questions just confirming that you um called the police is that correct uh yes I did call the police and when I called the police um the dispatcher told me that uh they were already on the way
because the neighbors saw uh sus uh somebody suspicious outside okay and how um how long were they inside the license premise drinking uh they were in there for for 20 20 minutes I believe
okay yeah they yeah they left at at like 14045 yeah so they they arrive there like 1 115 1220 okay um all right thank you I don't have any questions commissioner Caro
commissioner Saxon no questions for me thank you none from me thank you thank you very much the board will take this under advisement we now return to the top of this morning's agenda calling item number one game on Fenway LLC doing
business bus as Game on Sports Cafe located at 72 to 82 land down street date of the incident September 19th 2024 over served Patron in violation of Mass general laws chapter 138 section uh 69 who's present on behalf of the leny good
morning attorney green Madam chair members of the board Dennis quilty attorney representing the license e with me this morning are a number of uh leny staff Carlos pedata uh Anthony oir Jerry and culbert who was the manager who signed the uh
inspection notice good morning and thank you very much thank you I'm just making sure all are on screen I see Mr pedrita I'm not sure I see the others um anyone who is planning to testify please do uh make
sure you are on camera so we can spare you in who's pres on behalf of the Boston Police Department uh detective Norman texara and off markbrook right are there any other individuals with firstand knowledge of the alleged incident who wish to testify
this morning great I do now see everybody on screen uh if you could all please raise your right hand do you swear to tell the truth the whole truth and nothing but the truth I do I do I do thank you who will be reading the police report of the
record um I I can read the original I wrote it detective T book thank you if you could please have proceed for the board yes sir okay at about 1:40 a on Thursday September 19 2024 officer
Holbrook in the Delta 415 Alpha unit and um and officer Norwood in the Delta 421 Alpha unit received a radio call for an intoxicated unresponsive female at gameon restaurant located at 82 lands down street assisting on the call was
the Delta 907 Sergeant Downey and the Tango Echo 507 officer hubard upon arrival officer holber was directed to the downstairs of game on where Boston EMS a04 was tending to the victim Lorie stra
St was lying face up on the ground and appeared to be unconscious though she was breathing Boston EMS transported sh to the Beth's real hospital for further treatment officer Norwood followed the ambulance to the hospital for an updated
prognosis officer Holbrook spoke to Game On bartender Jeff Humphrey who stated that lry stra had about four tequila on the Rocks drinks and paid in cash with no bartab the bar manager Anthony o Larry stated that he observed stra
standing at the bar and then fell to the ground at which point he called 911 the game on floor manager Carlos pedrita took officer Holbrook and Sergeant Downey into the back office where he played security footage of the
incident the security footage showed the victim Lorie stra stra arrived at the downstairs bar at about 12:48 a.m. with her sister Janette stra footage shows lorri stra is approached by an unknown
black male beard facial hair black hoodie light or white color jeans the two are engag in a closed conversation or closed conversation interaction for about 30 to 40 minutes in appearing to take shots together
footage shows L stra fully alert for most of the interaction but at about 1:22 a.m. she appeared to become increasingly inebriated resting her head on the bar at 1:28 a.m. St fell to the
ground with her head slamming on the floor stob appeared to lay there on unconscious until EMS arrived and transported her to the Beth Israel Hospital officer Norwood spoke to the
BET Real medical staff who St who stated that throb was being treated for non-life-threatening injuries and they were going to perform a cat skin on her medical staff stated that they would contact Norwood if conditions if her condition worsens officer Holbrook spoke
to the victim's sister Janette stra who appeared highly intoxicated and very upset over the situation she was yelling that her sister was raped by James um however when questioned further about her statement she could not she
couldn't provide answers that aligned with any of the footage or the witness statements um claiming he probably raped her while they were talking at the bar but then stated that she didn't see it happen stra described James as a black
male but could not provide further description and that is the end of the original police I could read the uh supplement report I'm detective Norman teera on Saturday October 12th 2024 at
about 2230 hours detective teera and detective goon responded to Game On located at 82 lands down street to conduct the code 35 detect Tech Sarah issued a city of Boston licens PR inspection notice number
06903 the manager of Gab Gerald cubert The Establishment was cited for the violation of over patr thank you very much attorney quilty would you like to address the alleged incident if I may just quickly for the detective uh sir did you did you issue
the license premise inspection notice yes and um that was was that I think it was signed by Mr cobbert is that correct yes okay and it it indicates police were called in in the area by whom was left
blank the licy made the 911 call is that correct yes that's what the original report States okay and in addition to that do you have any indication we our our understanding is that Mr P Pedra if I'm pronouncing it correctly initially went outside there
was a Boston police detail officer outside and notified that officer first when this happened do you have any indication that occur no that's got mentioned in was for so that wasn't to my knowledge and your your the inspection notice was was quite some
time after the actual incident right uh yes all right thank you sir so that day you spoke to Mr cber you didn't speak to Mr oier Mr P pedrita or any any other employees no okay all right thank you
sir appreciate it um if I may is the is the um officer the original officer I'm sorry uh still with us yes sir so you so you responded to the 911 call is that correct yes sir okay and do you know that it was made by leny staff well your
report indicates that it does indicate that and I um and I do I did check uh my body cam footage last night and I did um there was a conversation where the the the gentleman from the game on did say he called 911 after she had fallen down
okay was there any indication stated to you that she appeared to be kind of quite normal until the moment she fell down that she was dancing talking to people yes um well I wouldn't say to the um right
when she fell down but within it was a short time that she became um I what I think said increasingly inebriated um it seemed like a pretty quick time um maybe like 10 minutes or so where she was seemed okay and then she put it then she
at one point she put her head on on the bar and then she seem to escalate pretty quickly that's what you're asking but from everything you observed and excuse me from what you know of the incident did the staff act appropriately in the
circumstances in terms of calling 911 being there to help when the the ambulance arrived when the police arrived Etc yes yes they yeah when she fell down they called 911 they they um they tended to her they made you know okay and they
cooperated with you in every respect is that right yes yes sir all right thank you sir um if I may uh like to call Mr uh and I'm sorry I'm butchering his name Mr P Pedra thank you what what is the proper
pronunciation Pedra Pita thank you sir um and you are uh the one of the folks who was on duty on the night in question yes sir I was the the manager that night okay and can you describe uh what you
observed of Miss strob uh during your time during this incident all right so it was like 1:20 a.m. when we turned the lights on I was on the uh the first floor the OBS floor just making sure that nobody leave with the drinks you
know closing the building turning off the TV and one of the barbacks come upstairs and say Carlos the bartenders need you right now downstairs I okay I'm I'm coming right now so on my way downstairs I hear a woman screaming as the the
victim's uh sister she was a screaming so I was I was immediately at the moment that I that I hear the woman screaming I see another woman on the floor at the same moment I saw uh Antonio ly on the phone and immediately asked him are you calling the ambulance and he said yes
I'm on the phone with them so I get there this woman keeps screaming and trying to become aggressive with my staff so on that point I remember there was a officer a police officer outside helping with a construction and I go out outside and I say officer can you please
come downstairs with me and help me I have a woman who start to get in aggressive with my staff so the officer uh came downstairs and start to speak with this woman trying to you know to C down and um he called the radio I think that call more backups on the radio too
and um that's basically what I do when I when I saw the situation okay but you when you went outside to get the police officer you know that 911 had already been called yes because at that point I was talking with uh when I when I first
hear the woman screaming and I I was on my way downstairs I saw anony oir on the phone and I asked him are he calling the the police the ambulance and he yeah yeah I'm I'm on the co 911 right now okay okay so do you the notes indicate um that this
the woman who fell seemed to be quite normal up until almost the moment she fell did you interview the the staff uh the bartenders or anybody else to discover what what what might have happened here yeah I asked him I asked him the bartenders hey what happened
with this woman and they say Carlos she was fine just a few moments ago she was totally fine she was dancing and um and the next day we saw when we turned the lights on is she was on the floor it was something very quick that something happened just literally when we turned
the lights on and um yes I asked the bartenders and all then told me the same uh Carlo she was fine she was dancing she was here with another man and everything looks fine all right so in in your opinion did you and your staff do everything that
you could do in the circumstances yes we was we was with the victim the time we was making sure that she was breeding we called uh I go outside for a police Antonio L called the police an ambulance at the same time um we just uh followed the protocols and
we was trying to do the best that we can and we did it and and I know there was a a period of time between the incident and the um the police arriving with the inspection notice was video preserved of this incident yes we saved the videos
and uh when the police arrived they asked me to watch cameras and I immediately go with them to the office and I show the the whole incident and a different angles for the cameras okay and um was that has has that do we have a copy of that we can
provide to the licensing board today yes I'm pretty sure that we have a a copy for the incident ktina had already sent those over I I was just gonna askina already sent it okay I was just gonna ask if that happened all right thank you thank you Carlos the board may have some
questions for us so hold on please thank you we'll see if there are any questions um this downstairs bar right where the video is being is you know being recorded how many uh bartenders and staff do you have down there on that night on that night I I think there was
five bartenders and a Barb that's the the bar staff um and it didn't look very crowded um it was closing too Madam chair right was they had already turned the lights on did any of the uh
bartenders speak to the um woman I think there was one of bartenders who served the that person but it was not like a old speak they just asked for a couple drinks the bartenders give you the drinks and that's it I think that that was the whole
interaction in it no time so were was there a written incident report um an internal incident report and written by staff after this because I'm I'm curious what the um interaction was with the staff and this woman because to me she does not look like she was normal
one minute and then fell down I I will I don't know Miss Corin who has all the documentation is on a um a company trip but uh as soon as she's I'll communicate with her electronically and find out I'm not aware that there
are but usually we do have staff reports of of incidents and I'll I'll provide those to you as soon as I can find them yeah I would like to to see that based upon the video I appreciate the videos that I'm viewing um I'd have to go back and look
at them more carefully but I would question whether or not she went from being fine to falling down um I have no questions commissioner carer commissioner Saxon uh yeah the the man uh described
in Miss Corine's uh narrative I think believes he's James it was it confirmed that it is James that's I mean what I read from the report that that would be this person James but I don't I I yeah so attorney quilty we got a narrative from Miss
coray right okay uh that supposed to correspond with the video she she says in it I believe it's James and we think that's I I met with her before she left okay that's exactly what everybody thought was that this must be the James person who's identified in the okay
sister giving the name of the person who was with the sister who was who fell um okay so I want to talk about James and what he's doing here um is he for example we don't know whether James I we know nothing about him I mean yeah
what's going on somebody's drink here we don't know what what occurred so yeah is he on duty at the time oh no he's not he's a patron just James why was he behind the bar unaware that he was behind the bar Miss Corine says he's behind the bar the
video looks like he goes behind the bar I I have a clarify I have a clarify at that point so the the person the this woman is describing it was a patron the other guy who's behind the bar is um is a security staff he works for the fway
park and he worked for us some days as the security guy I I I I'm looking at the video I see the same guy who's behind the bar in a light colored hoodie with a backpack on and sometimes he goes he's behind the bar and then sometimes he comes up in front of the bar with
them he's gone he goes back and forth no if you see if you saw the video she was dancing with another uh with another guy so Carlos is the guy with the backpack on the staffer he was not working that night but he's uh security he work for us for
security some days and he work for security at the is that James is that James it again no I think James is the James is the person who was having a drink with the woman at the bar the other fellow yeah but all right so
even miss Corin describes James and a like colored hoodie as being the man behind the bar unfortunately I didn't get her notes so I'm Flying Blind here I don't I don't I do not know I thought James I'm sorry but from the report the police report I thought that James was the person
interacting with the victim at the bar I think that's what I read but no ju just before the victim Falls the man that I believe is the same guy in front and behind the bar is behind the bar when she falls this man comes back around the
bar and and is trying to Rouse her I I I I can only who appears to be the same man in a light colored hoodie with a backpack on who was 10 minutes before out in front of the bar with the with the two young women I I am sorry but I I don't know C
okay so my my next question would be what you know I don't know I mean can I get a straight answer because my next question is going to be is James taking drinks out off the clock or off the off the tab and bringing them out to these people out to the two women because that that's what it kind
of looks like you can't tell so attorney quilty do you have anyone here who could give me an answer on this Anthony I can I can add to this Dennis okay let's go uh the tall the tall um individual that is James with
the backpack okay there's another video there's another person in the video when I don't when I remember seeing it I wasn't there that night but I remember seeing it he was he's wearing like a gray hoodie I think that's the the confusion that he was with those people but James
behind the bar is a security staff member at game on with a backpack on correct okay and so the same guy comes out back and forth to in front of the bar yeah again I wasn't the manager on
duty that night so I don't know but I just know that the tall one is James with the backpack and then there's another male app okay why is this guy James behind the bar I can say I can talk about that okay your name for the because we asked
him because they were the last two people in the building so we were talking to James he was about to leave then he was helping us try to have them leave because the lady that fell her sister was like being
crazy she no I I'm not talking about that yes but that is why he came behind the bar and no no he was behind the bar before the the victim fell yes and then because he was talking to
us so before the victim fell we were already closed we were trying to get them to leave so he was talking to them trying to give me one second here I see in a moment I'm I'm just watching I think the moment I see him go behind the
bar Liam while you're um while you're while you're watching the um so the the the the charge here is is over service correct so if I do I understand that she had four drinks and under an hour it did
did I can draw the right conclusion she had four shots did I hear that correctly between like 2 1248 and 120 something that's what the police report
States okay so is that not a drinker is that like a normal amount of drinking to do in under an hour is it does tips training speak to to that amount of drinks
in that time I I I all I can tell you is that that's what it indicates in the police report I I do not know what her capacity was I don't know whether she had four it says she had four on the Rock
strengths um was the was it the same server does the video show the same server the same bartender I I I do not know other than what's in the report what is the video show does
anyone oh so as far as how many drinks were served it's so far it's been difficult for me to to tell sorry I'll make sure to watch that myself I think the confusion might be
that I I was wrong j the James who was identified is a part-time employee and that would answer the question I think as to why he was behind the bar he appeared to be trying to help out in that circumstance but there was another
gentleman that was having the drinks with the victim he's behind the bar with a cup in his hand serving himself the bar looks basically empty it looks like he's just helping himself to alcohol now he's talking to the victim
from behind the bar I don't I don't think he's helping out staff on a busy night yeah I mean to to me my question is is he is he taking Liberties as someone who has some Employment Connection there when he's not on
duty Anthony can you answer anything here I mean the person that that would should be speaking to this is the is the bartender on duty that was standing right there do who is that person do we have them available well Anthony who just spoke is the bar manager who made
these made observations is named in the report and called 911 so he was I mean the bar the bartender is not here but the bar manager who was standing there he was standing there I'm sorry um he observed
he observed the woman fall to the ground and then he called 911 so Anthony can you come back on y so can you can you help us out here with the the the James in the backpack and what he was
doing um so I did not see him pour himself anything I wasn't in that corner of the bar but I know that he was asked to help us get people out of the basement the
bar and um he was over there he went over to talk to them and then they were about to leave and that's when she fell so I he was behind the bar talking to some of my staff and I was listening
he they were asking James if they could help get the person out of the bar okay I never saw him pour any alcohol I didn't see any of that maybe it was water sort of gun right there I'm not sure okay
and he's the the the person who is a part-time employee of of gameon correct okay there any further questions from the board uh not for me I'm just gonna have to watch the videos uh all the way
through again thank you chairman Joyce commissioner Saxon any further questions none from me thank you thank you there was a request for the chair for any internal incident reports of this event if they do exist um so please do provide if they do exist
Anthony okay I I will reach out to miss cor Pines who keeps the records and whatever we find I will provide to the board thank you with that the board will take this matter under advisement call item number two Adair Inc doing business as Ned divines located at 2201 Fel Hall Marketplace
date of the incident September 26th 2024 a possible drugging in violation of Mass general laws chapter 138 section 64 who is present on behalf of the leny good morning again uh attorney green Madam chair members of the board Dennis quilty attorney representing the
lcy uh with me this morning uh Christina dhy who is the manager on duty Patty Miranda and um I believe Desi CS good morning great thank you all who
is present on behalf of the Boston Police Department Officer Giblin uh Lieutenant detective Troy if necessary thank you are there any other individuals with firsthand knowledge of the alleged incident who wish to testify can you all please raise your right
hand do you swear to tell the truth the whole truth and nothing but the truth yes yes thank you officer Giblin if you can please read the to the record for the board about 215 hours on Thursday September 26 2024 officer Giblin assigned to the
alpha 425 Alpha responded to a radio call to investigate a person inside n divines for anual Hall Marketplace Boston operations informed the responding officer that a female caller woke up inside of the bar and discovered that she was in the bar alone she stated
to operations that she may have consumed a contaminated drink upon arrival officer Giblin observed that the establishment was completely closed officer gimin was met at the front door of the establishment by the victim who identified herself as Crystal cascante she stated that she woke up
inside of the female restroom on the second floor and did not remember how she had got there or what had happened during the night she stated that she had arrived at The Establishment around 1845 hours on Wednesday the 25th and she stated she had consumed one espresso
Martini while she was there she stated that she was at the establishment for a work event event and remembers that around 20 30 hours she received a text from her friend she stated that after that she does not recall anything from the remainder of the night officer giin requested EMS to respond the alpha 902
Sergeant Hogan the alpha 436 Alpha officer deina arrived on scene conducted a sweep of the establishment locating no other persons in the establishment Boston EMS Ambulance ju alpha1 arrived spoke with the victim victim stated that she did not wish to be transported to a
hospital at at the time she would is she was advised by Officer Giblin and EMS to seek medical care on her own if she wished victim notified one of her friends Ellie lemon who arrived on scene transported her back to quinsey uh fual Hall security arrived on
scene and were able to notify Ned Divine management of the incident and the and the ongoing alarm uh District A1 to issue a license premise violation to The Establishment on a later date that's all sir thank you very much attorney quilty would would you like to address the
alleged incident if if I may um we have uh this was a uh private event uh the night in question which was over at at 11 p.m. um this was an unfortunate error
Mistake by the leny staff in terms of not clearing out the space before closing for the night this was not a not a normal 2 am. closing uh and you know run down throughout the premises again it was a private like a
corporate event over at 11:00 p.m. it was minimal crowd uh had started early much earlier in the day like late afternoon like 4 or 5 o' till 10: um and everybody was gone by 11: and the staff
literally failed to do everything they should have we do have a timeline which I can provide to the board um that is you know indicates what was observed um don't is Desi Karns on with us yes I am
okay and do we have this this came from security um film do we have film available for the board uh yes I believe so yes I know I'll I'll provide the the the narrative as Patty Miranda put this
together and she she with us this morning yes okay and P do we save is is tape available we can provide to the board yes okay so we'll provide the tape and provide the timeline um this was
very simply a kind of a not a normal crowded busy night where the you know staff would have been on kind of high alert to make sure every room and every background area was checked uh again this was a private event that was over
at 11:00 p.m. and I think the um there was no heightened awareness if you will uh nobody had any understanding until after the fact that this occurred uh we have retrained everybody Mr Kars is the
um overall manager for the uh Brier group for a number of of facilities and they've gone over and retrained everyone about double and triple checking every area within the space whenever uh Closing Time arrives whether it's 11:00
p.m. or 2: a.m. um this was uh an unfortunate error and um as I suggest that everybody's been retrained staff and management have Tak this very seriously we're obviously very glad that this young woman was not hurt in any way
um but it was a mistake uh that the lcy is responsible for and we take responsibility for it and we'll cooperate in uh in in every way with the the board and the and the Boston police and we will provide you the written timeline and the um and the video um
later today thank you we'll see if there are any questions at this time uh chair with Joyce so this is absolutely frightening to me um why don't we why didn't we have the video and timeline before this hearing so we could actually review it
and ask you questions uh I I just just I don't know Madam chair I wasn't aware that that it wasn't in I saw the um timeline and I hoped and assumed that it had been given in but thankfully it has not been uh it's been rescheduled like we've had
this we we were actually we rescheduled this at your request and here we are right well I can't even ask any question on I can't even ask any questions I can just comment that this is frightening and I guess one question is I know you said you'd go over the we could you'll
send us the timeline but is there someone from the staff that can tell us what happened that night and why no one went into the bathroom other than the fact it wasn't usual crowd and they just didn't Patty uh you put this timeline together you can you answer some questions for us um yeah I wasn't here
that night uh Christina is right here with me she was the manager on duty for the night I was just the rhythm because I saw the whole night that's what my resume from the night but Christina was the one was behind just just state your name for the record please hi my name's Christina uh
last name Dy okay so unfortunately um yeah we just we you know there was two closing managers that night and we weren't on the same page and um usually we go about and check each bathroom and any closed door in the building while we close you know just make sure there are
no people in there and we just we missed it and it was a huge error on our part yeah like someone could have died I know yeah yeah no we we feel terrible sure um I feel terrible that we're not able to even review this at the hearing that we
have rescheduled at your request um to me that's unfortunate I don't know why we didn't get this beforehand there's nothing else I can ask or say commissioner Karan and commissioner Saxon I'm confused as to what the
narrative and video are going to give us so can you just tell us as far as is it just the the closing procedure or are we going to get a description and a review of whether or not a drugging occurred
here so we went over the footage um the uh she only had she had more than one drink I know she stated she had one drink but she had more than one drink she got them from two different bartenders um throughout the night so you don't see her talking to any other
bartender she stays with her group and then I believe she gets aex text message from a friend she walks to the bathroom and then we don't see her again till 2 a.m. but she's not stumbling she's not making any judgment errors um
so that's video okay and we'll receive in the narrative addresses that and then we'll receive video that corresponds with that narrative yes at 2 am she comes out of the bathroom and um you can see her on the phone with the police she's kind of looking around she walks around a bit goes downstairs lets the
police in and then they you know they talk and um and then two other policemen come in and they do a walkthrough of the location and then they all leave okay so the narrative and video covers the the before and the after
absolutely all right thank you starts it starts at about at according to what I'm reading 6:54 pm. she arrived uh at 9:50 she walked away from the group in the direction of the bathroom looking at her phone on the way to the bathroom she stopped in the
hallway to keep texting then walked to the lady's room and then she came out of the ladies room at 2:04 a.m. so roughly this covers roughly from just before 700 p.m. to just before 10
p.m. okay I I'll await that thank you thank you turnning green if I could um just the matter was assigned to a detective in district one who spoke with the Vic and uh her toxicology came back negative so just to clear that
up than um it's yeah it's definitely a lapse of oversight um is there anything that is changed since that incident have you improved your process uh yeah we do meetings every weekend and we close in every private
event and every end of the night we make sure everything is being checked any further questions from the board at this time we will await the submission of videos and the narrative timeline which will be forwarded to the board uh as soon as they receive them with that the board will take the under advisement for
now thank you thank you thank you calling item number three Lolita Boston LLC doing business as Lolita coina and tequila bar located at 271 Dartmouth Street date of the incident September 4th 2024 salt and Battery Patron on Patron in violation of Mass
general laws chapter 138 section 64 and chapter 265 section 13A who is present on behalf of the lcy William Burke for Lolita and with me is Mark Malatesta their manager thank you very much who is
present on behalf of the Boston Police Department oh uh was try you're on mute currently sorry I just REM muted you by accident sorry the you're still on mute there we go there you go sorry about that yeah um lieuten detective Troy
officer or detective fence or the uh summons officer are not here so thank you very muchen Troy are there any other individuals with firsthand knowledge of the alleged incident who wish to testify this morning great can you both please raise your right
hand you SAR to tell the truth the whole truth and nothing but the truth thank you leg Troy if you could please read the report to the record for the board I apologize uh report written by an officer Tucker um reads as follows at about 1:00 am on Wednesday September
4th 2004 officer Tucker responded to a radio call for a fight at 145 Newbury Street Boston on arrival officers met three victims Mr Allah Mr uh dusak and uh Mr atala at the corner of Newbury
Street and claron Street initially victims were very flustered and uh advised the officers that two black males and two possible females just attempted to Rob them after they got into a confrontation outside low leers victim stated they were able to uh separate from the suspects and that the
suspects fled on Newbery Street towards Dar Street Mr all stated to the officers one of the suspects uh said they had a firearm uh but U Mr duk denied hearing any of the suspects mention that victim
said the suspects were mostly wearing all black the officers approached uh proceeded to provide suspect uh descriptions and Direction flight over uh police radio officers also mentioned the possibility of carrying a firearm for officer safety
officer Tucker spoke to Mr duek who separately as he mentioned uh as he mentioned one of the suspect reached to his pockets to attempt to Rob him of his wallet thect went on to advise that after the suspect was unsuccessful he was able to get away from him the officer asked to SEC if he needed any
medical attention which he declined officer Martinez spoke to Mr Allah and atalah who St who mentioned that they were uh trying to buy females uh drinks inside Lolas when the suspects started a confrontation with them the incident
continued outside Litas and the suspects followed the victims down Newber Street in an attempt to Rob them victims were able to separate themselves and they um and they mentioned that they called the police the suspect felt fled NE party needed medical attention and officer
advised multiple units in the area to try and locate the suspect as it is noted that Alan and atella uh both were part of previous incident um in nearby bar of the parish Cafe with the manager the bar was struck on the side of the
head and it's a separate in report Reading from the detectiv report regarding Lolitas it reads as follows and this is written by detective fencer September 17 2024 detective fencer responded to Lita's Back Bay and issued a license
premise violation for assault battery Patron on Patron uh that's the extent police report thank you very much attorney Burke would you like to address the alleged incident yes uh I I would thank you Mr Green and uh Madam chair members of the board uh
Mr malates is here with us this is an incident of September 4th of uh of the year but the citation was never issued to us until the 17th um when the as uh as the officer's report reflects in his report from the
17th we were fully Cooperative with them accepted this and we have in fact provided video uh and as I understand the video will reflect that there's no incident that gives rise to a concern about a confrontation inside Lolitas
prior to these individuals leaving the bar this whole incident occurred outside the bar and removed from Lolitas U there was nothing that gave rise to any concerns as I said within I'll ask Mr Malatesta to uh to address
that for you but uh based on everything we have we've we've been fully Cooperative have provided the video that's available and uh Mr Malatesta um would you uh would you step in please and uh describe what's on the video and
also what occurred as far as you understand yep uh so we were approached about two days later um by some officers notifying us of an incident that occurred outside of our space around the corner uh they asked if uh they gave us a description of the individuals because
we had no incident report or anything that had happened um you know prior to that so they gave us a description we went through all the video footage we're able to locate who we thought were the people and their interaction which was very brief and frankly friendly um and then that was it and we provided all
that with them leaving to the officers as soon as we had it and you know we did everything we could to support them but inside the space there was no you no AR really they talked for very brief period of time and that was it I don't know I don't know how it escalated outside of the space and Mr Mesto are any of these
individuals Mr dusk Mr Allah or Mr uh atala are they regulars at no uh my staff is is not known to any of the individuals that were there either the the two gentlemen that they're talking
about or the other men okay thank you um I don't have any further questions thank you we'll see if there are any questions from the board uh chairman Joyce you'll for the video to the board uh the police department has it but we certainly will forward it to the
board yes I'm just wondering how when they left the fight started right outside H I'm not sure where it was um we weren't told it was around the corner or something we were not aware our staff wasn't aware security was unaware of any incident outside or inside and our our
security was out front so okay I'll just also point out Madam chair that in the police report two of the three individuals that purport to be victims were cited as having been involved in another incident at the parish Cafe where a manager was struck
in the head uh a short time uh prior to this not on the same date but these are individuals as I said unknown uh to Lolita we will get the video over to Mr Green directly Mr Green if I may the the video was
provided to the detective and I attempted to open it but it says it's expired in the uh the the detective note it it this instance quite some time ago but it had expired so I was unable to open it and unable to forward it um but
from from what the detective observed in the video he said it wasn't of much value the incident occurred in front of the bar on the manager that there was no cameras for the actual interaction inside the B took place apparently we'll still provide you whatever we have uh with regard to the
incident Mr Green thank you attorney bur can I'll make sure that's shared with the Commissioners when we receive it from you terrific thank you commissioner K commissioner Saxon any questions none for me thank you no questions from me thank you thank you we will await the video and in the meantime the board will
take this matter under advisement thank you thank thank you well calling item number four Massachusetts Sports Service Inc doing business as TD Garden located at 100 Legends way date of the incident September 4th 2024 indecent assault and battery times 2 Patron on Patron in
violation of mass law chter 138 section 64 and chapter 265 section 22 and drugging Patron on Patron in violation of Mass General Law chapter 138 section 64 who's present on behalf of the LIC e good morning Madam chair attorney green members of the board Kristen scanland
for the lcy thank you and uh do you have any Witnesses with you this morning who will be testifying um yes Tim townsel is on Shannon terson uh John joinus and Eric rivers from uh the lcy thank you very much I see all of them on my
screen who's presid on behalf of the Boston Police Department um Lieutenant detective Troy um this sexual assault detective uh um detective Lewis uh just emailed me she said she's been trying to get on but it
got kicked out a couple of times and was having difficulty so absent her I will um Endeavor to read this report thank you I I don't see anyone attempting to get in the waiting room would you like us to hold for her or do you want to move forward
um I we we can proceed and I mean I have uh her information if she manages to get on that's great okay thank you with that we will proceed then um can you all are there any other individuals of firsthand knowledge of the incident who wish to
testify can you all please raise your right hand do you swear to tell the truth the whole truth and nothing but the truth yes yes thank you lieutenant Troy if you could please read the report into the record for the board uh reading from a
report written on September 5th 2024 by an officer Ramirez that reads as follows at 9:25 at about 9:25 on Wednesday September 4th uh 2024 officer Ramirez responded to a radio call for an assault and battery at
masse General Hospital um on arrival officers made contact with victim uh number one who was an 18-year-old female known to the Commonwealth and victim number two a 16-year-old female known for the Commonwealth um while conducting an
investigative interview regarding an alleged assault susp uh that had been carried out by um suspect both victims appear to be under the influence of alcohol and or drugs at the time it should be noted that uh both the victims and the medic and medical
professionals at that time suspected at least one of the victims if not both have been wofi based on their behavioral symptoms victim number one an 18-y old female claimed to have consumed very little alcohol um
Shooters uh prior to attending a concert uh victim number one described the ECT as a blond male uh victim number two state or victim number one stated that uh prior to the assult um the alleged as salant had told her that he
was uh gay homosexual uh victim number one stated that she had she and victim number two had consumed a beverage that had been served to them by the suspect victim number one stated that uh at some point the suspect followed her into the
restroom and proceeded to caress and kiss her neck victim number one stated that the suspect then touched her buttocks and rad slit his hand up her thigh and into her underwear and digitally penetrating her victim number two 16-year-old female
claimed the suspect had rubbed her thigh at some point throughout the concert uh victim number two stated that she had originally met the suspect at a um Shanghai at a conference in Shanghai China and had possibly been ruly ruied and sexually assaulted by him in the
past uh victim number two stated that she uh attempted to warn victim number one about the suspect uh the suspect was interviewed in 100 Legends Way Away by the alpha 981 I'm sorry alpha alpha 81 tenant de
manman um he stated uh he had asked if he was going to be criminally charged Lieutenant deas gave uh got received a copy of his driver's license and forward that to the sexual assault uh unit Detective Lewis and uh uh and that's
sexual assault detectives uh took over the investigation of that stage there's an additional report from uh or Sergeant detective tax which is just a licensed premise violation and it reads on September 20th at 900m Sergeant
detective tank detective Lon responded to the TD Garden and issued license premise violation for decent assault and battery Patron on Patron and drugging violation was accepted uh by Mr pel the security manager who was cooperative during the invest uh during the
inspection that's the extent that police reports there u a lot of investigative material from the detective that um have questions I can answer thank you lieutenant Troy um I'm sure he'll return with questions after we hear from the leny attorney scandin
would you like to address the alleged incident yes thank you some questions for lieutenant detective Troy um Lieutenant Detective members of BPD were aware of the alleged incident prior to um sau's involvement or officer
Ramirez's involvement at MGH correct they were aware of uh um they were the understanding was that they the uh um the individual had procured alcohol from miners there was uh um there was no indication at that time uh within within
the TD Garden that there was uh any kind of insult involved there's there's nowhere in the police report that states that um the alleged suspect procured alcohol for minors though correct that was the lieutenant detective's understanding when he encountered that when when the security
had uh um when when he and the security approach the suspect I see that's what the alleged victims claimed to the officer when he approached yeah that was his understanding at that stage okay and as an initial matter it was TD uh staff
that alerted BPD um the on-site detail uh at the license premises regarding this situation correct that's my understanding yes and BPD well at the licensed premises that evening located and identified the alleged suspect right
yes and again BPD well at the licensed premises that evening removed uh the alleged suspect from a the seating area that they found him in to interview him uh that's my understanding also and at that time it's not reported that
they found any evidence of drink tampering or illegal substances on his person correct no ma' and after BPD interacted with the alleged suspect at the uh license premises he was not
placed under arrest correct he was not to your knowledge uh were there any other patrons that uh notified BPD of any disturbance or reporting of any alleged assault that is in question while at the premises no nothing that
I'm aware of no um so no patrons approached BPD when they went to remove the suspect from the seating area no once again I'm not aware of that okay well interacting uh with the alleged
victim victims at the hospital victim number one informed police that she consumed alcohol prior to attending the concert correct she did and this is consistent with their observations that she was in under the influence of something correct that's
that's correct and victim number one also made various accusations of assault against the alleged suspect correct she did it the M General yes and indicated that um an alleged assault occurred in a
bathroom at the licensed premises yes according to uh the officer's report at MGH both of the alleged victims identified the alleged suspect by name correct that's correct and one of the at least one of the victims also informed
officers at the time that he was previously known to her or both of them correct uh he was previous from my understanding from the police report he was previously known to the 16y old um victim number two okay thank you and
victim number two uh for the record never corroborated allegations made by victim number one correct no she didn't and were there ever any charges brought against the alleged suspect no and to the best of your knowledge were staff at
the licensed premises Co Cooperative at all relevant times during the investigation in this matter for my information and from conversations with the the um detective Lewis from sexual assault they extraordinarily Cooperative provided
video stills uh uh and so on okay thank you very much lieutenant detective appreciate that um Madam chair members of the board as noted in the license premises violation ticket police were notified um as you've heard at the time it was detail officers at the event that
were notified as the situation was unfolding uh the following facts are further detailed in an internal incident report that was submitted to the board but at approximately 8:30 that evening TD security noticed and suspected the
two females may be impaired uh this off officer immediately notified a supervisor who then asked those two females to follow her to the lobby as they began interviewing the females the first female mentioned that she was offered a drink by a male after
mentioning she was dehydrated uh she stated it was a lemonade um she also stated she began to feel unwell afterwards as you heard from the Boston police report uh that same female also acknowledged that they had alcohol or
something described as Shooters before the concert she then told the security officer that the uh male and alleged suspect grabbed her face and kissed her and she pushed him off um at this point uh the security officer was also
bringing the females to uh onsite EMTs to be further evaluated it's according to the security officer the second female or victim number two was quiet uh during this entire time and only asked the security officer if they had to tell her parents
uh the security officer as you heard uh notified onsite um Boston police detail of the ongoing situation they asked the females for a description of the male uh the security officer and EMTs both then called the parents of the two
girls uh the father of the first female informed them of medication that she was taking at this time we're unaware of what those medications are but it is unknown and also possible that it may alter state of mind and interact with alcohol that she acknowledged she consumed prior to uh entering the
licensed premises um both BPD and security at the Garden approached the seating area locating the male as identified by the uh females and further removed him to the putam club for questioning um there was no evidence at
that time to hold or otherwise arrest him as you heard from Lieutenant detective Troy uh he was not arrested for the charges uh the license he is here defending he was released from BPD um but nonetheless evicted for causing a disturbance at the premises um of
particular note there are several inconsistencies between what was reported to TD staff and later to the police on site um by way of example only victim one told staff that she had consumed a beverage that she had asked for it at the hospital she told police
they both consumed it victim number One never told about allegations occurring in the bathroom only that the alleged suspect tried to touch and kiss her while they were in their seats at the concert uh further victim number two never corroborated victim number one
story to either staff or BPD um I cannot State this emphatically enough that what was alleged to BPD at the hospital was absolutely not known or alleged to the leny or on-site BPD at the time
regarding any alleged indecent assault in the bathroom um curiously the suspect seems known to the alleged victims as stated in the police report we don't know whether they came to the concert with the suspect or they had plans to sit together or meet otherwise meet him
there but of the 40 plus staff members on the floor none witnessed um any of what was alleged further there's no reports of any other patrons observing what was Alle alleged or reports of any type of disturbance um when police interviewed the mail at the time nothing
was sub substantiated and they didn't arrest him with the maale denying all accounts of the incident nevertheless the ly didn't want the person there based on the statement from the two victims their standard policy certainly calls her eviction based on the report from the victims alone so again BPD
interviewed him and let him go this wasn't really the Len's decision here at this time um but they evicted him at um anyway lastly and so the board is aware um the staff did search all names including of the females and males in
this instance nothing was purchased by the females and the only record that came up of the male was a purchase for pizza and soda uh the leny did also review the video on the floor and were able to visually ID the guests but couldn't say
if drinks were manipulated and could not see any alleged assault uh we no longer have the video but we've altered the policy that we retain any video and definitely for dates that we have an even just an lpv ticket ticket even if we don't know the detail of the BPD
report at this time as they didn't with this one until the end of January um otherwise their standard policy is to uh retain video for 60 days um the leny is well aware this is an issue in Boston uh they certainly they have an awareness campaign that they flash on screens about not sharing drinks or taking
drinks from people that um you don't know or otherwise passing off drinks they also include this as a topic in pre-shift meetings and discussions with staff uh the license he's constantly examining patrons for suspicious Behavior which includes any tampering with drinks it's definitely high on
their radar but by nature of the venue and events they hold here most people coming um to an event there uh come with people they know uh drink is largely on their physical person for most of the time or within a foot radius of them in their seats at all times or in drink
holders nearby uh but the leny does offer lids for cups as well uh the allegations here are definitely an anomaly um with that said as it relates to the licens premises uh they do not have a pattern of similar incidences at the license premises it's otherwise a
setting that's very secure especially as it relates to drink safety uh overall the ly did everything they should have under the circumstances and with the information they had at the time they ided the suspicious Behavior responded with their internal teams notified on-site BPD detail and EMS and further
collaborated and cooperated with them to address the allegations um and despite the allegations there's been no evidence presented that the suspected drugging or assault occurred on the premises also um for what it's worth no evidence suggesting any foreseeability or that
the leny had reason to believe that these two females uh would have been drugged or assaulted in any form or fashion and the leny somehow failed to stop that from happening uh they definitely have appropriate safeguards otherwise in place and did everything they should have in handling this matter
that being said we're certainly here and happy to answer any questions the board might have thank you so just to clarify um your record show that this suspect only purchased pizza and soda correct
okay um I don't have any other questions commissioner car commissioner Saxon I have no questions thank you none for me thank you thank you with that the board will take this matter under advisement as well thank you thank
you calling item number five paga Inc doing business as icon located at 100b Warrington Street date of the incident October 14th 2024 assault and battery Patron on Patron in violation of Mass General Law chapter 138 section 64 and chapter 265 section 13A who's present on
behalf of the licy good morning chair members of the board Mark of leadis representing Paget Inc with me today I have the security manager Kevin Montgomery and the general manager shro RZA
present thank you I do not see Mr Rea I do see Mr Montgomery uh Mr Reza if you are planning on testifying and you're with us uh please do turn your camera on so we can srer you in in the meantime I will ask who is present on behalf of the Boston Police
Department hi good morning Boston police officer Matt nistle very much sherro for p in thank you very much we can't really see you it's a shaky uh image of I'm not quite sure
what there we go and I apologize for that no worries thank you for being with us are there any other individuals with firsthand knowledge of the alleged incident who wish to testify this morning detective wal is on also another one that just emailed me
and tell me he was trying to get on but if you see him let him in we'll do there's currently no one in the waiting room thank you try uh that can you all please raise your right hand do you swear to tell the truth the whole truth and nothing but the truth I
do I do thank you very much officer if you could please read the uh report to the record for the board uh yes sir um just to clarify this is this is roughly like a four page police report so I'm going to try and
break it down as best I can um okay about 3:00 a.m. on Monday October 14th 20124 officer anist and Rooney assigned to the alpha K1 responded to a radio call for shots fired resulting in the arrest of Devon Olas for firearm
related charges at 276 trond Street Boston uh roughly about the same time 3:00 a.m. officers received a radio call for a large fight involving 20 individuals at 100 Warrington Street Boston as multiple A1 units responded
Channel 2 dispatch notified offices a second call came in at 270 traymon Street for shots fired inside the parking garage Channel 2 dispatch stated Public Safety were told by two people who were no longer on scene were
shot inside the garage Public Safety stated a gr grey Honda was indicated as the involved uh vehicle in ly parked on traymont street in front of Royale nightclub um at this time um all A1 units were on scene
responding um officer mahide working the A1 talk cameras notified officers a grey Honda was currently parked outside a 270 Tramon street with occupants inside and the passenger side front door was open on arrival officers approached the
right rear of the vehicle um officers observe oberved uh later identified as the suspect smoking a cigarette sitting inside the vehicle with the door open officers asked Olas to step out of the vehicle and stand on the sidewalk to which he
complied um as off as the suspect was walking towards the sidewalk stepped out of the vehicle and fled in a fullon Sprint down tramont street into Elliot Norton Park officers gave strong verbal commands to stop
running to which he ignored um Olas continued fleeing then slipped and fell on a wet grass hill as Olas fell officers observed through their training and experience what they know to be as a firearm thrown from his
person onto a pathway officers were able to catch Olas who was already on the ground and safely Place him in handcuffs officer an whistle and Rooney demanded Olas for his license to carry to which you responded I have an Arizona ID and then a license to carry I didn't know I
needed one officer Rooney read Olas as Miranda writes from the Boston police issued Miranda card Olas stated he understood simultaneously officer holac stood by the firearm until detectives arrived on scene officers conducted a search
incident to an arrest and walked him to a mark Boston police cruiser where he was placed in the rear post Miranda where he stated he understood officer Giblin reiterated to Olas he has already been read his Miranda rights and is willing to if he's willing to speak about about the
incident Ola stated he understood his rights Ola stated he was inside venue a nightclub on Warrington Street located just one block away Ola stated a fight broke out um he stated he didn't know anyone who was involved but a firearm
was mentioned Olaf stated he was the 911 caller for the original fight call because he didn't want to use his farm uh officer Lucas spoke with the witness owner of the vehicle um Miss Bergos who confirmed the grey
Honda was hers officer Lucas notified Bergos a firearm had been recovered and olos was inside the vehicle officer Lucas stated due to the recovery of the firearm the vehicle is about to be fris for weapons fgos gave officers verbal
consent to search the vehicle during the search officers recovered a Black Backpack behind the driver's seat officers asked Bergos if the backpack was hers Bergos stated it was Olas officers conducted a pat Frisk of the outer part of the backpack and felt a hard metallic object believed to be a
second fearing a weapon from os's property officers opened the bag and recovered a box of 22 caliber rounds it should be noted prior to the verbal consent of the vehicle officer Lucas notified bergo she was not under arrest and read her Miranda rights from
the Boston police issued Miranda card bergo stated she understood her rights and asked officer Lucas if she could uh walk with him bergo stated Olas is just a friend of hers and they went to venue for the night bergo stated Olas was pissing all of their friends off while
in inside a verbal tication took place bergo stated she left the club with a friend she stated they made their way to the parking garage on Tramon Street and observed two males who were in search of the vehic In Search of a vehicle bergo stated she assisted them with finding
the vehicle somewhere on the second floor she stated Olas arrived inside the parking garage and was jealous she was speaking with two males bergo stated Olas approached the two males who began to walk away and Round the Corner bergo
stated Olas pulled out a black firearm pointed it towards the two male victims then fired three rounds in their Direction bergo stated she already had plans to drive Olas home after getting into the vehicle and exiting the garage Bergos pulled in front of 270 trm on
street where um they were supposed to drive a friend home who was standing right outside um bergo stated she stayed parked while waiting for her friend to enter the vehicle uh while scanning the inside of
the garage where the alleged incident took place officers Chan and Drew recovered three shell casings in a fragment located on the ramp from the second floor to the first floor officers plac yellow crime scene tape around the scene until detectives arrive for processing
officer mahide still working on the A1 talk cameras um notified channel two a possible vehicle involved in the incident a white Honda Civic was seen leaving the garage around the time of the shots fired and continued to circle
the street of traymont and Charles Street multiple times while officers were processing the scene officer Mah had stated uh it just drove down tramont street in the direction of Oak Street officer was and Rooney along with officer Lambert and Bowman entered their Cruiser and approached the vehicle from
the rear to conduct a trffic stop at Herald and shamit AV it was unclear to officers as far as the involvement of the vehicle uh in the shooting incident due to the recovery of the firearm and ballistics located both parties inside the vehicle were issued an exit order
and patris for weapons to no avail additionally the interior of the vehicle was Frisk to no availability the driver and the passenger were originally uncooperative with officers and refused to give a state
officer an whistle spoke with victim number one who stated he was at venue and left at closing time then went to the garage on traymon Street to drive home victim number once stated he observed two unknown females inside the garage and engaged in a conversation
with them victim number one stated an unknown male approached two females and nothing further occurred between them uh victim number one stated he did hear multiple gunshots inside the garage on the second floor level of the stairwell
uh it should be noted suspect number one sorry victim number one was uncooperative while providing a statement and denied he was involved in the shooting officer Rooney spoke with victim number two who appeared to be shaken up from the incident he appeared
scared and nervous while speaking with officers victim number two stated he was inside the garage with two females uh and when an upset male approached the girls yelling in a crazy manner saying crazy things uh victim number two stated
he just left stated he just left after he um approached in sorry um he approached the females but did not provide any further information about the shooting officer Rooney asked victim
number two while someone inside the garage took the time to write down the license plate of the vehicle um where he was a passenger in while involved in a possible shooting uh victim number two stated officer
Rooney asked victim number two did someone pull a gun on you victim number two took a long pause as if he was about to say something but was reluctant victim number two's body language was nervous and apprehensive victim number two appeared to be hesitant to speak to officers
but was it was clear victim number two was involved in the altercation based on the look of fear in his face ultimately victim number two refused to speak to officers about the incident and did not make any further statements to officers um Sant detective taxter and
detective Walsh arrived on scene um for photographs into process um officers did seize a firearm one black 9mm semi-automatic BB9 Diamond B loaded with 1 n mm luga rounds in the
chamber and two 9mm luga rounds in the magazine all evidence was seized and processed by detectives um officers conducted a sieges query for an active LTC or licensed to carry on the suspect to no avail um the suspect was then placed
under arrest and transported to booking based on the above statements and um based on the totality of statements the suspect was placed under arrest for multiple firearm violations and that is essentially the facts thank you very
much officer an for reading all of that um attorney avadis would you like to address the alleged incident yes good morning Madam chair members of the board um questions for officer edel Weiss if you don't mind officer edel Weiss good morning good morning uh you were present
that evening I was and you got a call around three o'clock in the morning correct correct and did you see any type of altercation or group formed outside on 100 100 Warrington
a so the original call came in at 100 Warrington a a for a large fight of um as officers were responding there simultaneously a second call came in for shots fired inside of the garage I
understand but did you in your course of getting to Tremont Street did you see anything happening on Warrington a I never made my way over to Warrington a due to the severity of the shots fired call I went right to on street okay uh and then with that being
said the portion of this report in which someone states that they were actually at venue is the paragraph that starts post Maranda where he stated he understood officer gilbin reiterated to
ois and ois that a fight broke out on at the nightclub on Warren Tav he also stated that he heard something about a firearm being mentioned correct right you didn't hear any of this from that particular
person did you did I yes I don't I don't believe so but officer Giblin um notified me that the suspect had stated that and this was on a Sunday night going into a Monday morning
correct yes Monday October 14th okay and on that evening you didn't have any type of interaction with the actual lensey I did not thank you I have no further questions for the officer thank you do you have any questions for your Witnesses yes well uh
I'd like to call Kevin Montgomery Kevin yes hi good morning guys good morning uh would you state your full name for the record please uh Kevin moner head of security of uh p and how long do you work there uh approximately 20 years and
on the nighting question uh can you describe the establishment and what was happening at the establishment the lenses establishment um was having we was having a a regular Sunday night uh very small crowd we had like 15
employees small crowd less than 50 50 people okay and how large is the establishment uh we have a capacity of 481 I believe and during the course of that evening did you have any incidences within the establishment that would
brought to your attention just just a small uh small group of individuals with one individual that's more of the aggressive that we sorted outside that that night but nothing major inside the house what what time of night was that
uh 1ish oneish okay and at two o'clock the club was closed down and everybody was asked to leave yes and what is the standard protocol as far as uh security getting inside the club as far as getting inside the club
everybody everybody's ask ask what outside the club you know that's as more as people come in inside the club do you have any security measures that will prevent oh absolutely yeah absolutely we check their IDs we uh pack them down uh scan their IDs and if if needed we W
them and do you have a female security person present to make sure women don't bring in any kind of weapons or Firearms yes we have a fe you have a female and a male uh packing okay and at two o'clock at night security usually goes out and make sure that the crowd is dispersed
correct yes and after the crowd is dispersed it's safe to say that you then close down the club and people leave yes were you still there at 3 o'clock in the morning at 3 o'clock in the morning on Sunday no okay was anybody else still there at 3 o'clock in the morning no
everybody's gone home for the evening and on this evening when there was a verbal argument at the club and the people were separated this was around 1:00 in the
morning of that day yes was there any type of issue with that happening or was it just smooth no is it just typical no just ask somebody i s out and they usually just leave when you left peacefully thank you uh Madam chair
members of the board I would suggest that as unfortunate as this incident is it happened over on 270 Tremont Street after our establishment the licensees establishment was closed uh and quite
for some time uh as the manager of security had stated it was a very slow night it was only 100 to 150 people they had 15 Security Service Personnel on there was nothing more than a verbal altercation inside where one of the
patrons was asked to leave at 1:00 what happened with that person from 1:00 to 3:00 in the morning the license he has no knowledge of I would suggest that at this point in time the licensing did everything they
possibly could do to make sure that the people inside the establishment were safe and when the club was closed they made sure that people were dispersed in front of the club at 3:00 in the morning everybody had gone home I welcomed the board to have any
questions they may for either M Montgomery or Mr reso thank you attorney iades we'll see if there are any questions at this time chairman Joyce so your your testimony today is that there was just one person that was
asked to leave the club that night yes okay do you have a uh dispersal plan um in place a written dispersal plan that you use to go over with your staff yes I have a we have a whole guide book of to
go okay can you send we'd like to have that on file sure not a problem could you send that today yeah um I'll make sure back to the licy and get that whole package for you thank you
okay so you're saying your closing hours is at two at two yes and what time was the person that had the that was asked to leave asked what time was that person asked to leave I I around one o'clock there was a good period of time between
they left okay um at this time I have no other questions um do you have any information or knowledge of whether the the person who was asked to leave or the people that they were interacting with had
anything to do with this later incident do you know have no knowledge no uh okay and do do you have a video on premises off off premises no on PR like
do you have video yes well and do you have video of the street yes but as far as yeah just like like to the corner yeah okay you have any do you have any video for us on that evening that shows that everyone's dispersed and
the street was empty if I me Mr Resa I know I've spoken to him about the video uhas and he is currently addressing some issues with them Mr Resa can you explain to the board May uh good morning members
of the board we we have about 3 years ago along with the uh along with the association in downtown Boston raised about $770,000
to install cameras outside of our premises along the area of the Theater District um I know one of the cameras is is uh at the end of Warrington Street
um I know there was one in front of a transportation building and I believe there's three or four more along um Tremont Street and the Theater District area and those are you're
speaking about cameras that were uh basically purchased but you don't have control of I believe the commissioner is asking you do you have cameras within the establishment I was I was about to get there Mark I'm sorry um basically the ones inside of our um
establishment that we have access of um we normally have I think it's about a a week turnaround as far as what the loop is in this particular case we didn't even know there was an incident until
sometimes later where we get served uh this paperwork so we had no clue that there was any altercation or something went on on on that garage the so the qu the answer is no we don't
have any uh thing because we didn't really know anything that went on and if we had something commissioner Curr it wouldn't have shown anything because we didn't have any incident that night yeah um it's well first of all the
uh license premise inspection was on the October 18th 4 days later so that's when you would have been aware that there was a shots fired allegation right yes I'm assuming the dates are correct okay so once you got that information that would have been enough
to search your video right correct okay so the issue of the video overwriting is not really relevant here right no no it's not I was just telling okay so why did you mention it because
of the loop that we have some of the yeah but you got not you got notification 4 days later that there was a shots fired incident M K we we we didn't have any incident that night the ones that that's what you're saying video could could help us
determine whether we believe that or not right of course okay so a 30-day overriding Loop is not relevant is it not it's not a 30-day it's a one week and it's not Irrelevant in that case I was just explaining to you everything we have as
far as cameras inside the ones that we helps purchase for outside I was giving you an overall view of our c yeah but I need I would like confirmation that you did clear the sidewalk and that nobody was out there for an hour after closing time but I I don't have that because you
didn't provide the video commissioner K with with all the respect we've been in that area for over 25 years we have I'm not I'm not talking about your your history or how long you've been there this this is about
this night specific to this night which we had no records of anything we had absolutely no no four days later you had a record of an allegation of shots fired that were connected to your premises commiss K I
think what my client is trying to impress upon you we got a violation notice of a patron on Patron assault and battery uh that was supposedly happening at our club we spoke with the
uh security manager who is Kevin Montgomery he explained to us that there was no assault that happened it was a verbal disagreement gentleman was asked to move outside at one o' I'm sorry it turning up is um the the notice clearly
states that a firearm was involved in this incident that they would have got four days later I see that I'm looking okay so to me that's a triggering event that's that's serious enough that I would expect video to be searched and
and preserved for us it's unacceptable that we don't have video and I think that Mr Reser is also saying that in the 25 years of history that they've been there any kind to video I'm I'm talking about specific to this incident I
understand and what I'm saying is it's unacceptable that we don't have video I not not not with an allegation of of of a firearm commissioner K I apologize for not having that available for you and again
um without having the video proof we did not have any incident that involved um firearms that night and like I said we've been we've been a big advocate of uh video surveillance
we've raised money for it to have it around for everyone's safety yeah but why why don't we have it because we didn't have any incident that night no it I want we would want the video and the video would show that
the the the sidewalk was clear and all patrons were you know had gone home correct between 2 2:30 yes sir but we don't have that but we don't have the video we have our the
licenses W for it that's been there for a long time and and I I think what I'm what I'm saying is with an allegation this serious I I'm not inclined to just take your word for it I need corroboration yes sir and I need I need
to know that you take this seriously I I mean I can't tell you how serious this is no no no your actions don't indicate seriousness that's what I'm saying saving the video would indicate to me that you took this seriously well to be honest with you I don't know
what the capacity of the outside cameras that we purchased for the Boston police you know you know what I would accepted they may be I'm sorry I would have accepted that you you looked at the video that that you know you you try you made an attempt right you're not telling me you
you can't have the video you're saying you didn't preserve it correct I wouldn't lie to you commissioner k there's no reason for me to do it and what I'm saying to you again is there may be that the Boston
police still has a uh possibility of having that video available for you if you like to look at it and I don't know who I have to go and and ask but I'm happy to do the do the requesting and see if I can get a copy of it for you
for that night our video cameras didn't didn't you know it's not available any longer but the Boston police maybe because their their system that we purchased is a lot more sophisticated than what we have in our
system that system is hooked up to the very large sophisticated uh that's hooked up to the Boston police so if you like I'm happy to to you know pursue it and see if I can get a copy of that night if it's still
available under the Boston police because there's two or three cameras that would show clearly what went on in front of our place and I can assure you certainly nothing like that happened in front of our place and hopefully if I can get that video from Boston police who
cooporate that as well okay on my apologies for not looking at the cameras I understand what you're saying the commissioner yeah Mr Reser I'm more I'm so well a couple points I'm more interested in you controlling what you can control so if
you have exterior cameras that are your cameras my expectation going forward would be that in in an incident where you're informed of of this of the gravity of this incident that you would preserve video
automatically okay yes sir regarding cameras you don't have control over I'm not asking you to you know make Extraordinary Measures I'm just asking for you know a basic reaction that would show you know to me that you you've taken the incident seriously what I'm
saying that's my point yes sir okay I believe Lieutenant detective Troy wanted to comment I just wanted to say that the focus of the investigation the shooting itself was on tremon street and uh video was obtained from the garage in tremon Street and from medical companies and
from the gench cameras the Homeland Security on CH Tron street so I'm sry Chon Stewart so the focus of the investigation wasn't on warington Street itself uh so that's yeah and and that makes perfect sense and that really Mr res
goes back to the problem here right but sometimes especially if if the incident is you know kind of identified in a in a remote location this kind of fall it slips through the cracks right you were made
aware that there was some connection to your address and so you know like that would that helps us in and not letting these things fall through the cracks you know because the
investigative you know thrust is kind of drawn to another location but with regards to you in your location you were told that this incident had some connection to your address which is why we would want you to save your
video yes sir I want you to to know that we've gone above and beyond trying to assist Boston police in the past and we will in the future with anything that we possibly can I mean we've we've you know
come at 4:5 in the morning and open the office and sat down and and gone through surveillance tapes in the past with detectives and we you know gladly do it any time any place that we could assist Boston police with anything there not a
it's not a lack of effort I want to mentioned that okay I believe that's all I have thank you commissioner Saxon any questions yeah not to beat a dead horse here but as commissioner CER was saying
it's you know it's not just um assisting the Boston police but you know the board actually has a notice out a public notice to all lenses about preserving a video videos that have to do with a notice that you have received so yes
absolutely have the police there have them to watch the the video in order to um help out the BPD but then also upon notice you need to preserve and that is for all lenes we're not singling you out this is you know something that has gone
out since last year yes ma'am thank you and to Echo what my commissioner fellow commissioner said I just want to make sure did you receive and read that advisory from April 2024 I commissioner I I did
unfortunately I had a long uh I had some health issue that I was in a hospital for about two weeks but I have heard about it um and I know you have another meeting coming up that you had request all the lenses to be there and we're
planning on being there and uh well certainly but when we send these advisories out this is for your attorney too I believe you're on our distribution list you have a responsibility to read them to understand to make sure you understand them and to train your staff on them and what commissioner sax and commissioner K is saying is once you've
received the license premise inspection notice you have an obligation to preser preserve that video Until the ultimate resolution of the instument report which would be this Thursday when we vote so I understand you might have been sick for two weeks but this is on our website you
received it by email last April and we talk about it all the time so what I'm looking for from um from from your establishment is a written dispersal plan and written acknowledgement that you understand your
obligations to preserve video once we received an in report so this will be the last time we'll ever have this discussion with your license premise yes ma'am and by the way we were making a huge investment towards bettering our
equipment uh as much as we can I wanted to mention that as well thank you are there any further questions from the board on this matter great and it sounds like there is a request for the written dispersal plan as well as a written acknowledgement that the licensing
understands the obligation to preserve video um in line with the advisory that the board released in April 2024 with that the board will take this matter under advisement and we'll move on to item number six which concerns the same lcy paga Inc doing business as actually it's a different lcy P Inc
doing business as Nix and venue located at 100 warrant Street date of this incident October 12th 2024 salt and Battery Patron on Patron in violation of Mass general laws chapter 138 section 64 and chapter 265 section 13A who's present on behalf of the lcy uh good
morning Mark's on behalf of the LI with me again I have uh Kevin Montgomery head of security and Mr RZA thank you and who is present on behalf of the Boston Police Department uh Lieutenant detective Troy
thank you are there any other individuals of firsthand knowledge of the alleged incident who wish to testify right you have all been previously sworn uh Lieutenant Troy if you could please read the police report into the record for the board sure uh reading from a report written by
Officer n Nunes it reads as follows at about 2:35 a on Saturday October 12 2024 officer nunz s uh while conducting routine Patrol in the uh Theater District was flagging down at tremon Street in lra Street regarding assault
and battery that had occurred the victim Mr Jack Lemma stated that he was jumped inside venue at 100 Warrington Street Lima stated that after being attacked by five white Hispanic males the bounces of venue removed him from the club LMA
stated that he encountered the same group of males who assaulted him earlier at Tremont in lrange where they attacked him again lus said he felt significant uh pain to his right hip uh of cunz requested the EMS uh and the
group of males left on foot up tremon Street towards boilson Street um another witness Benjamin Herrera stated that he didn't see the group of males attack Lima inside venue
however he did witness Lima being pushed to the ground on tremon street after seeing Lima fall Mr Herrera intervened another witness Nicholas uh sakur approached officer Nunes stating
um the victim Mr Lima story is false uh zakor stated that he and his friend that he has friends one of the males involved in the interaction uh sakur was informed by the male who was involved in the interaction that Lima threw the first
punch um sakur stated that his the person that was involved in the interaction wouldn't attack anyone un less provoked zakor attempted to contact the other individual through Instagram to no avail um that's the extent that report
the victim was transported to the C Medical Center see if there's another report here oh um let's see extent of the police reports thank you lieutenant Troy would
you like to add ask the alleged incident uh Lieutenant detective Troy good morning good morning uh just for the record you were not part of this report or you were not present during this particular incident correct no sir I was not thank you very much uh Mr Montgomery yes yes you working on
this particular evening yes and uh it's my understanding after speaking to you that what happened on the particular evening in inside the club no it was just one one particular guy he wasn't there was no fight going on but he was being um aggressive to the point where
he just scored in a out and then he left you know there was no there was no fiscal altercation inside the club period okay and uh other than that particular incident was there any other issues during that night no
none and just for clarity this incident happen on October 12th 2024 and we received the actual violation notice on November 7th 2024
correct yes I have no further questions for the witness thank you do you have anything further uh before we move to questions from the board I don't it's my understanding because I spoken with the management and with Mr Montgomery that
on that particular evening it was basically a night other than this one individual who was asked to leave because he was having an argument with someone else okay thank you we will see if there are any questions at this time cheran Joyce thanks um at this time I don't
have any questions um at this location uh what is the camera situation is it right over in a week or is it the same as the other location of the previous Mr R up I'm sorry I didn't how
how what's the the uh timeline for the camera looping at this location I believe is the same thing Mr car okay thank you no further questions nothing from me thank
you thank you with that if there are no further questions from the board the board will take this matter under advisement as well thank you thank you thank you thanol thank you item number seven was already heard and item number eight will be continued to the next available hearing date as the leny
wasn't available this morning those are all the items before the board today the board will vote Thursday morning February 13th at 10 a.m. notice has been posted to the city's website thank you all enjoy the rest of your day