State seeks to revoke Blue Moon license

The Montana Department of Revenue is seeking to revoke the Blue Moon Nite Club's liquor license, claiming that seven bartenders at the establishment served alcohol to a man later sentenced to prison for vehicular homicide while under the influence.

Nineteen-year-old Lakeisha Thibault, of Eureka, was killed Feb. 12, 2010, about 1 a.m. while driving south on U.S. 2 near Conn Road, about a mile south of the Blue Moon. A Montana Highway Patrol investigation determined that a 28-year-old Columbia Falls man, Tyrone Stallcup, was intoxicated when the southbound pickup he was driving hit Thibault's car, sending both vehicles into the ditch.

Following a plea agreement, Flathead County District Court Judge Stewart Stadler sentenced Stallcup on Oct. 26, 2010, to 20 years in prison, with 10 suspended. Stallcup must complete the Knights of WATCh program, an intensive drug and alcohol treatment program that includes up to five people sentenced for vehicular homicide, before he is eligible for parole.

According to Montana Highway Patrol trooper Glen Barcus' investigative report, witnesses at the scene of the accident indicated that Stallcup had been drinking at the Blue Moon prior to the accident. One witness told Barcus that the Blue Moon had promoted a female "oil wrestling" event that night.

Video recordings made of the Blue Moon on Thursday, Feb. 11, showed a "large number of intoxicated patrons, including some that had difficulty stumbling around the bar, that were served alcoholic beverages at every request with no consideration being taken into account regarding their condition." Barcus noted that the videos showed nobody was removed from the bar, and there were no bouncers in the parking lot preventing people from driving away.

Seven people identified by the state as bartenders at the Blue Moon on Feb. 11, 2010, were cited for illegally serving alcohol to an intoxicated person. All seven pleaded not guilty to the misdemeanor charge. The bond request on the citations was $535.

The seven cited individuals were Michaun Hartung, 28, Kalispell; Charlene King, 46, Columbia Falls; Dick Sapa, 68, Columbia Falls; Charlotte Sapa, 69, Columbia Falls; Shannon Jacobs, 39, Coram; Chasta Markham, 37, Columbia Falls; and Elizabeth Tuttle, 31, Whitefish.

Tuttle was served with a complaint because she couldn't be located right away. Omnibus hearings in Flathead County Justice Court for all seven were repeatedly continued by request of attorney George Best until January.

The Blue Moon liquor license is owned by Dick Char Inc., whose principal owners are Dick and Charlotte Sapa.

"We're involved with litigation with the state," Dick Sapa said last week. "We deny the allegations. We've been in business for 40 years. We've had a lot of letters of support from the community."

The bar is a Columbia Falls icon. It was built in the 1940s, and the Sapas purchased it in 1972. The Blue Moon hosts rodeos, talent shows and other events, and it has raised thousands in charitable contributions to school groups and other events over the years. Last year alone, the Blue Moon raised more than $20,000 for school functions.

Revenue Department attorney Michael Lawlor said the Blue Moon's history and community service have no bearing on the case.

"We treat all establishments equally," he said.

The seven citations for serving an intoxicated person are criminal cases separate from the revocation hearing, which is an administrative proceeding, Lawlor said. The department is not bound to the outcome of the seven criminal cases, he said.

Attorneys for the Sapas and the Revenue Department consulted on the case earlier this year and will consult again in January, Lawlor said. The case will likely go before a Revenue Department hearing examiner in 2012, and if the officer rules against the Sapas, the case can be appealed to district court and then the Montana Supreme Court, he said.

John Flynn, the state bureau chief for the Department of Revenue's liquor licensing and liquor control division, said the revocation proceeding was serious matter.

"We don't take these cases lightly," he said.

Stallcup, along with family members and friends, has acknowledged his problems with alcohol. In a letter he wrote to the Thibault family prior to his sentencing, Stallcup said, "The truth is that I have struggled with alcoholism for my entire life."

In the letter, Stallcup said much of his memory of the accident is gone. He recalled working for LaChance Builders on a house in Whitefish until 5:30 p.m. the day of the accident before heading to the Bandit Bar in Columbia Falls for drinks with friends. They then drove to the Blue Moon, where he remembered drinking numerous beers and shots.

"After that, I blacked out," he wrote. The next thing he knew, he was in an ambulance. Neither he nor Thibault were wearing their seat belts, and both were thrown from their vehicles. Stallcup had a fractured pelvis, fractured hip, fractured back bone, collapsed lung and five broken ribs. Thibault was pinned under her car and died at the scene.

Trooper Barcus, who interviewed Stallcup at the hospital at 3 a.m., two hours after the crash, detected an "overwhelming odor of alcohol." Stallcup's eyes were "very glassy and bloodshot," his speech was extremely slurred and filled with profanities, and he acted aggressively, Barcus reported.

Stallcup reportedly told Barcus he had eaten some nachos and drank three Captain Morgan rum and cokes and "might have had a beer" at the Blue Moon, Barcus reported. When asked what caused the crash, Stallcup reportedly said he "swerved to miss a deer."

Learning from Barcus that he had caused someone's death, Stallcup explained in his letter to the Thibaults, "I asked why I was in the hospital and not in jail." Stallcup's blood alcohol level was 0.27 percent, more than three times the legal limit.

Witnesses at the scene reported seeing Stallcup's pickup traveling at a high speed when it fishtailed and struck Thibault's car when he tried to pass it. Following behind him were Raelynn Darsow, Michal Downing and Derrick Downing.

Darsow told Barcus they had argued with Stallcup earlier in the Blue Moon, trying to convince him not to drive home. Michal Downing said she was supposed to be the designated driver. Stallcup was reportedly not belligerent but adamant that no one else should drive his truck.

In determining Stallcup's sentence, Judge Stadler took into account letters of support from Stallcup's family, friends and co-workers. Stallcup's attorney, Julianne Hinchey, presented evidence that Stallcup had accepted responsibility and was committed to making a positive change.

Stadler agreed to suspend 10 years of the 20-year sentence and make Stallcup eligible for the Knights of WATCh program. Stallcup is currently in Montana State Prison, in Deer Lodge.