Bartender pleads no contest to over-serving

A bartender pleaded no contest during a hearing Wednesday to over-serving the drunken driver responsible for a crash that killed him and a Montana Highway Patrol trooper.

Nathan Hale, 31, of Woods Bay has been convicted of misdemeanor negligent endangerment, sale of alcoholic beverages during closed hours and providing alcoholic beverages to an intoxicated person for serving alcohol to Travis Vandersloot and other employees at a Bigfork bowling alley on March 23, 2009, shortly before Vandersloot crashed his vehicle into Trooper Michael Haynes’ patrol car on U.S. 93, killing them both.

Hale was tending bar that night as Vandersloot, manager Diane Pickavance, 40, and other employees gathered for drinks in the bar portion of Pick’s Bowling Center after closing.

Pickavance was sentenced June 4 for allowing Hale to serve after hours. She will serve 100 hours of community service in addition to six months in the Flathead County Jail with all but 10 days suspended and a $500 fine.

“I do hold you accountable,” said Vandersloot’s sister, Christy Bridwell, adding that Hale should have tried harder to ensure Vandersloot didn’t drive that night. She attended the hearing on behalf of her family.

“I’ve lost my best friend,” she said through tears. “My kids ask for him all the time, and I don’t know what to say. I hope in time I can forgive you.”

Trooper Michael Haynes’ widow, Tawny Haynes, echoed the sentiment.

“This didn’t have to happen,” she said, “Michael and Travis didn’t have to die. You should have said, ‘Enough.’

“Nothing will make any of this OK, but I do find solace in you being held accountable today,” she said, choking up, adding that she hopes consumers and bartenders start making better choices.

After the hearing, the two tear-streaked women embraced.

Members of Haynes’, Vandersloot’s and Hale’s families showed up to the Wednesday afternoon hearing in Flathead County Justice Court, along with members of law enforcement from Missoula, Bozeman and the Montana Highway Patrol.

During brief testimony, Hale said he didn’t recollect serving alcohol after closing, but admitted that upon watching the video of the evening that a pint of beer was served at 2 a.m. and a shot at 2:10 a.m.

Hale served Vandersloot 10 of the 13 drinks he consumed over 3 1/2 hours that night, according to court documents, and served eight drinks to Justin Meccia, who joined Vandersloot at the bar at 11:38 p.m. and stayed until 2:23 a.m.

Both Vandersloot and Meccia drove away after leaving the bar just before 2:30 a.m.

Vandersloot’s blood-alcohol content at the time was 0.18.

Haynes was southbound on U.S. 93 north of Somers when Vandersloot, in a Volkswagen heading north in the southbound lane, struck the trooper’s squad car head-on.

Vandersloot died at the scene.

Haynes died several days later from his injuries.

Vandersloot didn’t appear markedly impaired when he left the bar, Hale said during his testimony, adding that he nonetheless offered Vandersloot a ride home, and, when Vandersloot refused, asked Vandersloot to follow him to his house nearby.

But prosecuting attorney Lori Adams pointed out that Hale admitted to investigating officers he feared Vandersloot would get a DUI that night.

Hale admitted to having consumed alcohol that night as well.

Before pronouncing his judgment, Justice of the Peace David Ortley said he couldn’t overlook the fact that Hale’s decisions that night made a significant contribution to the death of two men, adding that while it is often difficult to determine when someone is apparently under the influence, “anyone who has consumed alcohol should know that amount [13 drinks in 3 1/2 hours] was too much.”

Hale will serve a total of six months in the Flathead County Detention Center with 14 months suspended for the charges, pay a $500 fine and serve 200 hours of community service related to education of and prevention of alcohol abuse. Special conditions of the sentence also stipulate that Hale may not be employed as a bartender for some of that time.

He will begin his sentence next Thursday.