Embattled bar facing more violations

The charges compound problems for Mi Casita Bar and Restaurant, which already is fighting a Borough Council vote not to renew its liquor license.

By: Donna Lukiw
   A resolution passed by the Borough Council April 24 charges the Mi Casita Bar and Restaurant management with multiple violations of state Alcohol and Beverage Control regulations after a March 9 fight that sent five men to Somerset Medical Center.
   Co-owners Samuel W. Lebrault, Johann Ferreras and Victor Breton were charged with five ABC violations, including failing to report the incident and failing to respond to police investigating the fight.
   The charges compound problems for the establishment, which is already fighting the council’s vote last year not to renew its liquor license.
   That vote was appealed by the bar owners to the state, which ordered borough officials and the establishment’s owners to negotiate a period of suspension of the liquor license.
   "The borough and Mi Casita representatives talked in March about the terms of the suspension," Detective Sgt. Ron Gazaway said. "They’re still trying to compromise on the terms of the suspensions."
   The March incident that occurred behind the South Main Street bar resulted in two brothers – Juan and Jonathon Jimenez — being charged April 5 with assaulting five people with a baseball bat and box cutter.
   "An aggravated assault triggered an ABC (Alcohol and Beverage Control) investigation," Detective Gazaway of the Manville Police Department said.
   According to the police report to the council, the management has been charged with allowing and permitting on or about the licensed premises.
   "They violated ABC laws," Detective Gazaway said. "The Manville Police Department writes up charges and then gives it to the borough attorney."
   The management is also being charged with "failing to discharge its responsibility for the proper conduct of its employees and patrons which was contrary to the public health, safety and welfare where one or more patrons were struck with a baseball bat and slashed with a knife or other sharp object and the licensee hindered and delayed and/or caused hindrance or delay and/or failed to facilitate an investigation into the incident."
   According to borough attorney Doug Reina, the restaurant’s liquor license was up for renewal at the time of the incident. The hearing, which will be held at the second council meeting in May, will decide whether or not the license is renewed or suspended.
   "All the municipality can do is to suspend or revoke the license," said Mr. Reina. "Mi Casita has had other charges at the ABC level…in the case of a substantial suspension, the ABC director can convert those (the suspensions) into fines."
   According to the charges, Mr. Lebrault, failed to respond to the police knocking at the door of Mi Casita immediately following the incident. He allegedly try to conceal the incident by taking a victim of the fight into the basement of the restaurant to hide him from law enforcement.
   Police say Mr. Lebrault also tried to hide the incident by ordering two victims to leave the parking lot of Mi Casita after having seen their injuries, then returning inside the restaurant, locking the door and failing to notify police.
   He also failed to return phone calls from the Manville Police Department and failed to contact the investigating detective for an interview, according to the charge.
   "They failed to make the meetings or follow-up on making an appointment," Detective Gazaway said. "They have an obligation."
   Mr. Ferreras failed to meet with the Manville Police Department at 8 p.m. March 9 for an interview concerning the incident and Mr. Breton also failed to return phone calls and meet with the investigating detective after scheduling an interview.
   "We made efforts to reach management of the bar to further investigate the matter and all three listed management failed to return calls or make appointments," Detective Gazaway said.
   The management is also being charged with selling alcoholic beverages to customers at the restaurant and then telling them to leave the premises and for letting a customer have an open container of an alcoholic beverage outside of the restaurant.
   Detective Gazaway said if the management pleads guilty there will be either monetary sanctions or a liquor license suspension.
   "The appropriate action would have been to notify the police that a fight was happening at that time or if he was so distraught and couldn’t think fast enough then he should’ve came out of the restaurant and made contact with the police," Detective Gazaway said. "The management stayed in the bar and made no contact."
   There will be a hearing at Manville Municipal Court on May 22.
   On April 5, Juan G. Jimenez, 22, of Plainfield was charged with five counts of second-degree aggravated assault after five individuals were assaulted in the 1:53 a.m. incident.
   Somerset County Prosecutor Wayne Forrest said when an individual left the bar and saw Mr. Jimenez with a box cutter, he was struck in the head with a baseball bat by Boesel Avenue resident Jonathan Jimenez, Juan’s 19-year-old brother.
   Mr. Forrest said as the victim fell to the ground the older Jimenez stood over him with the box cutter.
   "Four other bar patrons that were in the area attempted to come to the aid of the victim," Mr. Forrest said. "While attempting to help, the other four patrons were also assaulted by Juan and Jonathan with the box cutter and bat."
   All five victims required medical treatment at the Somerset Medical Center.
   The older Jimenez was found and charged when he appeared at Bridgewater Municipal Court for a traffic violation on April 5.
   Manville detectives and the Somerset County Prosecutor’s Office handled this case together.