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State tries to revoke Blue Moon license

by The Associated Press
| January 10, 2012 8:16 AM

The Montana Department of Revenue is seeking to revoke the liquor license of a popular Columbia Falls-area bar where a man drank heavily before causing a crash that killed a 19-year-old woman.

The state filed a notice of revocation against the Blue Moon Nite Club in Columbia Falls in September, according to Revenue Department attorney Michael Lawlor. The case is still in its early stages, he said.

Tyrone Stallcup, 29, of Columbia Falls pleaded no contest to vehicular homicide while under the influence for the Feb. 12, 2010, crash that killed Lakeisha Thibault of Eureka. He is serving 10 years in prison.

Seven Blue Moon bartenders were cited for serving alcohol to an intoxicated person. All have pleaded not guilty.

The allegations in the criminal case led to the revocation notice, but attorneys emphasized the two cases are separate.

A notice of revocation results in an administrative proceeding with a decision that could be appealed to the courts. Lawlor said the case likely will go before a hearing examiner this year.

The Blue Moon’s liquor license is owned by Dick and Charlotte Sapa of Columbia Falls

“We’re involved with litigation with the state,” Dick Sapa told the Hungry Horse News. “We deny the allegations.”

The Montana Highway Patrol investigation of the fatal crash found Stallcup had been drinking at the Blue Moon for about 5 1/2 hours before the 1 a.m. crash and that the bar’s employees took no precautions to limit patrons’ drinking or to prevent them from driving.

Trooper Glen Barcus reviewed video footage from the bar on the evening of the crash and observed “intoxicated patrons, including some that had difficulty stumbling around the bar, that were served alcoholic beverages at every request,” without regard to their level of intoxication.

At the time of the crash, Stallcup had a blood-alcohol level of 0.27, more than three times the legal limit.

Several patrons of the bar tried to get Stallcup to let them drive him home, but he refused.

Witnesses said his pickup fishtailed and struck Thibault’s car when he tried to pass it. Both vehicles rolled into the ditch and both drivers were ejected. Thibault was pinned under her car and died at the scene.

Stallcup suffered a broken pelvis, hip and shoulder and a collapsed lung.