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The family of a Ten Sleep couple who were killed by a drunk driver near Greybull last year is aiming a lawsuit at Big Horn County tavern owners they claim allowed the intoxicated individual to leave the bar. That set events in motion that ended in a fiery crash later, killing the couple, the drunk driver and his two passengers in a fiery head-on collision on U.S. 14-16-20 west of Greybull near the junction with U.S. 310.
Randall LaBrie, 41, of Malta, Mont., was traveling west in the wrong lane, when he collided head-on with John and Carol Munkberg, 70 and 66, respectively, of Ten Sleep, who were traveling east, according to police reports.
The Munkbergs were killed, along with LaBrie and his passengers, Elwood Werk and Stephen Newman.
LaBrie’s blood alcohol level was 0.16 — twice the legal limit.
The plaintiffs also hope to overturn Wyoming law that does not hold bar owners responsible for the actions of their customers. That would require the Wyoming Supreme Court to take action, said Paul Baessler, one of the plaintiffs in the suit.
Baessler said he can never attain full closure after the death of his mother and step-father, but his effort to toughen drunk driving laws since his parents’ death is a step in the right direction.
In a 3-2 decision in June 2003, the Wyoming Supreme Court upheld the constitutionality of the law limiting bar owners’ liability.
Wyoming Supreme Court Justice Marilyn Kite disagreed with her fellow justices.
The current statute addresses only liquor providers and intoxicated individuals at drive-up windows, Kite said.
“...for that reason, is not rationally based and provides no incentive for responsible liquor sales occurring outside the drive-in area, particularly sales to intoxicated persons inside the drinking establishment,” Kite said in the decision.
Doug and Denny Freier, owners of both bars LaBrie patronized that night, were unavailable for comment Monday. According to an Associated Press article last week, Doug Freier said he and his wife are deeply saddened for all the victims and their families.
“This is exactly the type of thing that I don’t want happening,” Doug Freier told the Associated Press last week.
In that story, Freier said they train their staff carefully and have a policy manual about how to serve their customers responsibly.
According to an affidavit filed by Trooper Lanny Hensley of the Wyoming Highway Patrol, a witness said LaBrie and Werk appeared extremely intoxicated that night at the Stockman’s Bar in Basin.
Hensley said he spoke with a bartender at the bar, who said they asked one of the owners about cutting them off, but the owner said to continue serving until they became “naughty.”
LaBrie and Werk left the bar and wound up later at the Smokehouse Saloon in Greybull.
At the Smokehouse, LaBrie and Werk played pool with Newman, who lost $150. According to the bartender, LaBrie did not drink at the Smokehouse, Hensley said in his affidavit.
Later, the three men went to the Sage Motel in Greybull.
LaBrie backed into a post in the motel parking lot before driving away, and one witness at the motel said LaBrie seemed extremely intoxicated, Hensley said.
“This was the last known stop LaBrie made before the crash,” Hensley said in his report.
A motorist informed dispatch, via cell phone, that a mini van traveling in the wrong lane nearly collided with their vehicle and police responded, but while Hensley was en route he was informed of the crash.
“This was by far the worst fatal crash I’ve seen or helped investigate,” Hensley said in the affidavit.
It was an inferno. The first police officer on the scene, a Big Horn County Sheriff’s deputy, was unable to approach the two vehicles because of the intense fire, Hensley said.
“All occupants were burned and charred beyond recognition,” Hensley said in his affidavit. “If LaBrie had survived the crash, the state would have pursued four counts of vehicular homicide because of the drunk driving.”
Under today’s laws, a bar owner can continue serving someone who’s clearly intoxicated and not be held responsible, former Wyoming attorney general Pat Crank told the Associated Press last week.
Crank is now in private practice and is representing the plaintiffs in the suit.
“We really think it’s time to try to reduce this carnage that’s occurring on our highways,” Crank said.
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