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06-927Amended 10/04/2006 RESOLUTION Council File # � Green Sheet # 3 (� r (7 PAUL, MINNESOTA Presented by ��o WI�REAS, adverse action was taken against all the licenses held by Metro Baz & Grill, Inc., d/b/a Arnelli�s (License ID#0054523) for the premises located at 1183 University Avenue West in Saint Paul, by Notice of Violation dated Mazch 9, 2006, alleging on February 20, 2004, a patron was shot to death inside license�s establishment by another patron. The patron responsible for the shooting was a minor. While inside the establishment, the minor consumed alcohol in violation of Minn. Stat.§340A.503; and 7 8 WF�REAS, The Office of License, Inspections and Environmental Protecrion has recommended a 9$2,000 fine and a sixty (60) day suspension; and 10 ] 1 WHEREAS, the licensee has not contested the allegations; now, therefore be it 12 13 RESOLVED, that all the licenses held by Metro Bar & Grill, In�c., d/b/a Arnelli�s for the premises 14 located at 1183 University Avenue West in Saint Paul are hereby fined �'',nnn a � r �� 15 da3�s. Said suspension shall become effective at 12:01 a.m. on Wednesday, October 25, 2006 and last until 16 11:59 p.m. Saturday, December 23, 2006. 17 18 19 20 21 22 This Resolution, and action taken above, is based upon facts contained in the March 9, 2006 Notice of Violarion sent to the licensee and the arguments made at the Public Hearing on October 4, 2006. ** $1,500 and a ten ( ten (10) dav license is to there be no same or similar offenses. on Requested by Department of: c �Y� �� f � � Adoption Certified by Council Secretary By: , � �/p Approved y a r: ate `/l �� By: Form ved by ity A orney By: Form Approved by Mayor for Submission to Council By: Adopted by Council: Date ///�j�✓�/�aOljG � Green Sheet Green $heet Green Sheet Green Sheet Green Sheet Green Sheet � `V�o �/� / LP — L�censP/tncpecuon�nv;ron rrot I '12SEP-06 Con4M Person 8 Phone: � Rachei GtaMeison 26687'10 pssign Must Be on Council Agenda by (Date): Number ��f t� � f� For Doc.Type: RESpLUTIpN Routing Order E-0ceumentRequired: Y Dowment ContacL• Julie Kraus Contact Phone: 2668776 Green Sheet NO: 3032710 Deparhnent SentToPerson 0 ' n ecti n/Ebviro 1 � n n ecti awon o De t Directp 2 ' Atto 3 a or's Office Ma od s' t 4 a ' 5 ' Clerk GS erk Total # of Signature P ages _(Clip All Locatio� for Signffiure) Acfion Requested: Apprwal of the attached reso3ution to take adverse action agaiust all the licenses held by Metro Baz & Grill, Inc., d/b/a Arnellia's (License ID#0054523) for the premises located at 1183 University Avenue West in Saint Paul. or Mswerthe Following Questions: Plannittg Commission 1. Has this persorJSrm e�er worked urider a contract for this department? CIB GommHtee Yes No Ciul Service Commission 2. Has this person/firtn e�r been a city employee? Yes No 3. Does this person/firm possess a skill not nortnally possessed by arry current city employee? Yes No Explain ali yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): On February 20, 2004 a patron was shot to death inside licensee's establishment by another pahon. The pairon responsible for the shooring was a minor. While inside the establislunent, the minor consumed aicohol in violation ofMinn. Stat. Secdon 340A.503. Advantages If Approved: $2,0000 fine and a sixty (60) day suspension as recommended by the Office of LIEP. Disadvantapes ffApproved; None. Disativarrtages If NotApproved: Total Amonnt of TrensaMion: Funtlinq Source: Financial Infortnation: (F�cplain) Council R�s��r�n ��n��e � ,, i CosURevenue Budgeted: Aciivity Number. September 15, 2006 2:03 PM Page 1 Mary Erickson - Re: Arnella's language Page 1 From: Rachel Gunderson To: Broermann, Carol Date: 10/5/2006 925:46 AM Subject: Re: Amella's language You have it right, but for daritys sake, I woufd word it this way: 0�-c -� f � 6 Councilmember Benanav moved to amend the recommended penalty and instead imposed a£ne of $1500 and a 10 day suspension of all licenses; $500 of the fine and the entire 10 day license suspension is to be suspended for six months on the condition that there be no same or similar offenses. »> Carol Broermann 10/5/2006 8:44 AM »> Hi Rachel, 1 wi{I take you up on your otfer to review the final amendement regarding Amelfa's. Let me know if this is correct. Councilmember Benanav moved to amend the fine imposed to $1500 fine with a stay of $500 for 6 months ($1000)with a 10 day closure with a stay of 6 months with no same or similars CC: Erickson, Mary UNCONTESTED LICENSE MATTER Licensee Name: Address: Council Date: Metro Bar & Grill, Inc. , dibia Arnellia's 0�-q�l � 1183 University Avenue West, St. Paul, MN 55104 Wednesday, October 4, 2006 @ 5:30 p.m. Violation: A patron was shot to death inside licensee's establishment by another patron. The patron responsible for the shooting was a minor. While inside the establishment, the minor consumed alcohol in violation of 1Vrnn. Stat. §340A.503. Dates of Violation: February 20, 2004 Recommendation of Assistant City Attorney on behalf of client, Office of License, Inspections and Environmental Protection: $2,000 Fine and a Sixty (60) Day Suspension Attachments: 1. 2. 3. 4. 5. Proposed resolution. Copies of ECLIPS screens dated 9/12/06. Copy of St. Paul Police Original Offense/Incident Report (CN #04032295) dated 2/20f04. Copy of St. Paul Police Supplemental Offense/Incident Report (CN #04032295) dated 1/6/O5. Copy of Plea Hearing Transcript of defendant (pages 29-31) dated 9/17/04. 6. Copy of Notice of Violation with Affidavit of Service dated 3/9/06. 7. Copy of fax from licensee's attorney requesting a public hearing dated 8l3/06. OFFICE O� CI��T�ORNEY John Chai, City Anorney C Il 1 �F Stlll� 1 p�VL CivilDivrsion ChristopherB. Colemmt, Mayor 400CityH¢ZI Telephone: 651266-8770 ISWestKeZloggBlvd. Facsimile:65Z298-S619 Sairu Paul, M'vmesota 55102 Wr September 13, 2006 NOTICE OF COUNCIL HEARING Mz. William L. Tilton Tilton & Dunn, P.L. L. P. Attorneys at Law 2220 US Bank Center 101 East Fifth Street St. Paul, MN 55101 RE: All licenses held by Metro Bar & Grill, Inc., d/b/a Arnellia's for the prexnises located at 1183 University Avenue West in Saint Paul. License ID #0054523 Dear Mr. Tilton: Please take notice that this matter has been set on the Public Hearing Agenda for the City Council meeting scheduled for Wednesda}�, October 4, 2006 at 5:30 p.m., in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. Enclosed are copies of the proposed resolution and other documents which will be presented to the City Council for their considerarion. This is an uncontested matter concerning the fact that on February 20, 2004 a patron was shot to death inside your clienYs establishment. The patron resgonsible for the shooting was a minor. While inside the establishment, the minor consumed alcohol in violation of Minn. Stat. §340A. 503. This matter has been placed on the public hearing agenda portion of the City Council meeting, during which public discussion is allowed. The recommendation of the licensing office is a sialy (60) day suspension. If there is any information vou would like Citv Council to review prior to the public hearing I will need to receive rt no later than Monday Sentember 25 2006 Very truly yours, I�A� Ra el Gunder n Assistant CityAttorney cc: Christine Rozek, Deputy Director of LIEP �/�Iary Erickson, Assistant Council Secretary, 310 City Hall Arnellia Allen, 1595 Sandhurst Drive East, Maplewood, MN 55109 Jun-Li Wang, Community Organizer, Hamline Midway Coalition, 1564 Lafond Avenue, St. Paul, MN 55104-1832 AA-ADA-EEO Employer License Group Comments Text Licensee: METRO BAR & GRILL INC DBA: ARNELLIA'S License #: 0054523 ��°°c,�� 09/12/2006 07/18/2006 Cao sent letter to William Tilton, attomey for licensee, stating that LIEP agrees [o modify (soften) its facEual statement conceming the violation, but will continue to recommend a license suspeosion for 60 days. RS 03/09/2006 CAO senf Notice of Volation for allowing a minor to enter bar after payment of $30; the minor purchased drinks & later shot another pafron fo death; recommended penalty is a$2,000 fine & a 60 day closure; deadiine to respond is 3/20/06. RS 'f 2/13l2005 Congrafulations letter sent4or passing alcohol compliance check. MED 12/07/2005 Passed DPS alcofiol compliance check conducted by SPPD. MED 9/27/05 gave letter to Larry AIIen. and took in rest. sign that was on Unver. median advised not fo put signage on pubiic rt.of way. KS09/27/2005 Gave Kris a letter fo hand deliver advising no Sunday liquor sales until a restaurant license is obtained. LAB 12/10/2004 Received request for a Holiday Party on December'19, 2004 a8er closing from 2:00 a.m. until 6:00 a.m. Sent notification memo to Commander Todd Axtell, SPPD-�ce Commander. LAB 11/30/2004 11/02/2004 2004-7% Liquor Discount applied to 2nd half. LAB 10128/2003 2003-7% Liquor Discount appfied to 2nd haif. LAB OS/25/2003 Rec'd reinstatement notice with no lapse in coverage. LAB 08l21/2003 Taiked to agent. Cancellation should not have been sent. Will send reinstatement notice. 08/20/2003 Rec'd cancellation of liquor liability via fax effective 8l24/03. Sent cancellation letter. LAB 07/29/2003 Upon the effedive date of the 2am closure on 12:01am 08/06/2003, the following conditions #5 and #16 time restrictions will be extended by 1 hour. cadcaa 06l18/2003 Sent congratWations letter for passing compliance check. CMK. OSi2D/2003 Passed DPS alcohol compliance check conducted by SPPD. CMK. 12/12/2002 Received request for a Holiday Party on December 20, 2002 after closing until 3:00 a.m. Sent notification memo to SPPD-Vice Commander. LAB 12/�2/20�2 Cartcel per ficensee. LAB 09/23/2002 Sent letter regarding operation of surveillance tapes (they need to be in good working order).JL 04/10/2002 Sent congratulations letter for passing alcohol compliance check on 03/25/2002. SS 03/25/2002 Passed DPS alcohol compliance check conducted by SPPD. SS 11/26/2001 No longer sell cigarettes per letter from owner. LAB 10/30/2001 Warning letter sent for failed alcohol compliance check. Training due by 11/30l2001.JL 10/17/2001 2001 7% Liquor Discount applied to 2nd half. LAB 10l08f2001 Failed DPS alcohol compliance check conducted by SPPD Server was Mary Alice Kirk. Per CAO, this violation should be treated as a waming. CAR 09/20l2001 One-day suspension has been served. caa 09H4/2001 Sent suspension letter (for 09/19). LAB 08/22/200'I: C.F.#01-866 Resolved that alI licenses are suspended for a period of one day. Said one day suspension to be served concurrent with one of the fifteen days stayed under CF00-585 with the remaining days to remain suspended for eighteen months from the date of this resolution on the condition that there be no further violations. The one day suspension shall become effective at 12:01am on Wednesday, September 19, 2001 and shall end at 11:59pm on Wednesday, September 19, 2001. 07/312001 Notice of Council Headng from CAO. Public hearing set for 08/22/2001.JL 07/11/2001 Passed tobacco compliance check. SS 07/06/2001 suspension has been served/expired. caa 06/15/2001 Notice of Violation from CAO for operating business under suspended license. Given to 06/25/2001 to respond. AG/CAR 06/05/2001 Passed tobacco compliance check. SS O5/23l2001 Kris S. hand delivered suspension letter. LAB 05/16/2001: C.F.#01-494 The suspension shall become effective at 12:01 am on Wednesday, June 6, 2001 and be in force until 11:59pm on Thursday, July 5, 2001. 10/06f2000 2000 7% Liquor Discount applied to 2nd half. IAB 08/23/2000 Adopted 00-753, staying the suspension of licenses as ordered by MN Court of Appeals, pending licensee's appeal. GAA 08/10/2000 Passed tobacco compliance check. SS 07/11/2000 Court has issued stay of suspension during an appeal process. CAR 06/28/2000 Kris hand delivered suspension notice. The 30-day suspension is eHedive 12:01 a.m. on July 12, 2000 thru 11:59 p.m. on Aug. 10, 2000.) LAE 06/27/200D CF 00-585 Adopted the findings of fact, conclustions of law and recommendations of the ALJ dated 4/4, as amended by LIEP in its written exceptions dated 05/03, and imposed 45-day suspension (w/15 days stayed) beginning on 3rd WED folbwing passage and approval of resolution reduting the foregoing to writing in this matter. CAA �5/10/2�00 Laid over to 06/07, report of the ALJ conceming atl licenses. CAA 03/21/2000 Passed U of M alcohol compliance check-DL 04/20/2000 Notice of Council Hearing for 05/10/2000. ALJ recommends that there be no penalty for condition violafions. CAR 04/11/2000 Congratulations lette� sent for passing alcohol compliance check. SS 03/21/2000 Passed UM alcohol compliance check by �ce Ramstad/BUrke. SS 12/15/1999 Notice of ALJ Hearing from CAO set for O V262000 Room 41, 930 AM. CAR 11H 0/1999 Form A sent for second violation with 11/22 deadline to respond. Notice is for events of 10/07/7999 where there were shots fired and a person kiiled by a car in the parking 1ot, with the video surveillance cameras apparently notworking at the time of the incident, a violation of license conditions. CAf 10/29/1999 Letter rcvd from licensee re steps taken to keep from fiappening again. CAM 09/30/1999 Notice of Violation from CAO for condition violations related to a shooting outside of the bar on 09/23l1999. Licensee did not have tapes in the exterior surveillance cameras as required by license conditions. CAR 07/28/1999 Received signed condition affdavit. Signed by Arneliia Allen. Conditions effective 07/08l1999lJL OS/13/1999 Passed alcohol compliance check; no "unofficial" warning-DL 03/09/1999 Warning notice sent by CAO because of a stabbing incident. A second report within 12 months indicating unlawful use of weapons will result in adverse action. CAR 01/14/1999 Congratulations Iettersent. PJW 12/12/1998 Passed cigarette compliance check. PJW 11/23/1998 The following are conditions to remain in this license's history. (Do not remove) 1. Applicant agrees to provide 20 off-street parking spaces adjacent to the licensed premises 02/15/1995 Ph for the renewal placed the following additional conditions on the license per CF #95-156: 2. Effective immediatelv. responsibilitv for securitv operations at Arnellia's will be assumed bv Jerrv Allen (H=779-9372/Paqer = 53 9-41 381 and Jackie License Group Comments Text Licensee: METRO BAR & GRIlL INC �BA= ARNELLIA'S Ltce�e #: 0054523 ��-�� 09112I2008 Hicks(H=739-0335/Pager=622-8451). � � � � 3_ All security staff, bofh private and Arnellia's, will be instructed by Jerry and Jackie in standard operating procedures for the establishment, as determined by the owner and the management of Amellia's with advice from a licensed private security firm of Amellia's choice. 4. A digital pager will be purohased for the exclusive use of the neighbors, elected officials, and others to have immediate access to the security staff at Ameiiia's. The pager number is 5803336. 5. All securify staff members will be instnicfed in methods of responding to calis received on the pager. The person assigned to wear the pager will have the responsibitity for responding to the calis, evaluating their priority, and directing the manner in which the problem will be addressed. This lead security person wil{ also be responsibie Por reporting the nature of the call and the response to management on duty prior to taking any acfion. Management and the lead security person will concur on any and all actions taken. 6. Security staff will be dispatched to handle the problems identified when they can be addressed wdhoutjeopardizing the safety of the staff member. If they can not be addressed safely, the Saint Pau{ Police Department will be summoned immediately. 7. Additional security staff will be employed on Friday nights by 10/28/1994. 8. A regular surveillance schedule will be maintained to put the security staff outside to patrol the area more frequently. Security staTf will rotate the outside duty. Each security staH member will he trained on the routes. Each security staff member will be trained on how to handle aIl foreseeable incidents. 9. AII security staff will continue to wear clearly identifiable shirts and/orjackets. Licensed private security will be employed to augment Arnellia's security staff. Private security will wear un'rforms with badges. 10. All employees of Amellia's have received Alcohol Awareness fraining and will be instructed to be aware of problem behavior and the methods to be used the instant they feel or witness something awry. 11. The practice of barring out undesireable or tmublesome customers will be stepped up. 12. The music stafFwill be instructed to continue to make frequent announcements for cutomers to go directly to their vehicles and to disperse quickly. 13. The music direction has been altered in anticipation of deterring boisterous individuals. 14. Arnellia's will continue to employ staff to pick up debris from the surrounding area as depicted on the approved map each morning. 15. Security staff will monitor the parking lot, especially during the hours of 11:00 p.m. to 1:30 a.m. to discourage patrons and others from circling through the alley, and adjacent residential streets. Management will also pursue, with the neighborhood and the Dept of Public Works, the possibility of designating the ailey and/or residential streets as one way to reduce the spill over traffic in the neighborhood. 16. A removeable security cable will be installed at the rear of the parking lot to control access to the alley and will be used to control circling during high ir�c hours. 17. Professional training for Arnellia's security staff, in addition to the in house traini License Group Conditions Text Licensee: METRO BAR 8 GRILL INC DBA: ARNELLIA'S License #: 0054523 Condition items'1 -4, 6- 15, 17 are EFFECTIVE 07/08/1999 Condition items 5 and i6 are EFFECTIVE 08l06l2�03 (fime restrictions ea4ended by one (�) hour) � � ° � _ C 09/72/2006 1. Dress Code: Amellia's agrees to continue to enforce a dress code for customers designed specificaily to prevent patrons or customers from concealing weapons or contraband inside baggy clothing or wearing gang affiliated colors. 2. Adherence to Strict Identification Requirements: Ameifia's will require pmper piclure identification from anyone who appears to be younger than 30 years old. Those wRhout proper ident�cation shall be denied entrance. 3. Increase Communication with Police and Neighbors: Amellia's shall initiate and maintain regular communication with the west sector team police commander or his designee, and licensing officials, Christine Rozek and Kristina Schweinler. Meetings shall include neighborhood organizations to the ea�tent possible. 4. Control Music Type and Format: Arnellia's shall continue to be responsible for screening out music that promotes or glorifies violence and nefarious or anti-sociai behavior. 5. Arnellia's manageme�t and secu�ty personnel will insure that patrons do not leave enmasse, but rather, management and security will encourage pafrons to leave in an orderly and controlled manner befween 1:15 a.m. and 2:15 a.m. 6. The public telephones shall not allow incoming calis, nor any calis to or from electronic beepers or pagers. 7. Arnellia's shall maintain a list of all patrons who have been banned from the establishment, and this list shall be strictly enforced by Arnellia's. Such list shail include proper identifcation of that person, photograph and a notice of trespass. This notice shoufd be in tripficate with one copy going to each of the following: 1) Maintained by the establishment; 2) LIEP; 3) the individual being banned. Once banned, a person will remain banned for a minimum of one year. Arnellia's will cooperate with police in filling out trespass notice(s). 8. Arnellia's shall continue to provide security personnel to promote the orderiy behavior of patrons on and leaving the premises. The premises shall include the area immediately adjacent to the establishment. Special attention will be paid to encouraging patrons to leave the area. 9. All employees and security personnel infortnation shall be provided to LIEP for background checks. 10. Amellia's will employ the use of a metal detecting devices to ensure there are no weapons on the premises. 11. Licensee holder will maintain in good working order at least 4 video sucveillance cameras on the exterior of the 6uilding to constantly monitor the exterior of the premises. Tapes must be maintained for 7 days. 12. A video surveillance camera shall be maintained in good working order in the interior of the establishment to monitor customers as they enter the establishment. Tapes must be maintained for 7 days. 13. Signage shall be posted on the exterior of the building to notify patrons that the area may be undetvideo surveiliance. 14. Security personnel will be on duty daily from 8:00 p.m. until closing. 15. Back door will remain locked a8er 5:30 p.m. to prevent entry. 16. The licensee will lock the door of the establishment at 1:30 a.m. No additional patrons will be allowed entry after that time. 17. Conditions reviewed at renewal. $ � � �? = A�i'C��'L i Z't'LE�IS2£-' ; ticensee Name: i DHIi ; Sai� T� Id: Lie�r�se � Card}�elder $ET B.�R $ Z,R — - _ �-� �--.— _ . . 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Lie TyF� -- 1ns�ant� �i" — �yt�d � �tm � Ty�ae: �Lic{turt tha � -�ter 1EL w �PI"�'.�.2; E-�epir�ioir. �:our�}�" Rent�s��rn,u� Fe� � ��Lh�s � �� isest�efY� � � t3isecaccr� R�'r� �i S'Fa�s �: n i5ste: -, . � ., r _ Saint Paul Police Department New RMS Page , or� __-____._, ORtGiNAL OFFENSE / INCIDENT I�EPORT Complainf Number Reference QN. Date and Trme of Report 04032295 Q � — � �; � 02/20/2004 03;58 Primary offense - DEATN-INVESTIGATION OF A DEATH PrimaryRepoRingOfficer. justinmille� NameoffocatioNhusrness: Prfmarysquad: 119 Locationotincident: 1153 UNNERSI7YAV W ST PAUL MN 55104 Secondary repoRing o(ficer. Approver neil fi01s0(1 oisfrict: Westem Sife: Secondary offense: AttemptOnly No �ate & fime of occurence: 02/20/2004 01:06 to 02/20/2004 01:08 Artestmade? NO Appears fo be Gang Relafed NO Police OfficerAssaulfedor injured No Police OfficerAssisfed Suicide No NAMES Suspect UNKNOWN Nicknames orAliases AKA First Name Defails Sex Race Hispanic NO DOB Age from 23 AXA Lasf Name to Zg Phones Hane Work CeI! Fax Contact Pager Employment Occapation Employer (denfificafion SSN: _ _ l.icense or ID# Lrcense State Physica! Description US njp Mefric No Height 5g to 5g Build HeaVy HairLe�gth Shol"t haif Har�Color Black Weight 210 t� 230 Skin Llght BrOwn FacralHai� HarrType graids Teefh Additional Eye Color BLACK AND GREY SHIRT BLACK BASEBALL HAT BLUEJEANS < r" � ^ Saint Paul Police Department NewRMS Page z ore __�_. ORtGtNAL OFFENSE 1 tNCtDENT REPORT Compfaint Number Reference GN. (' �, ��, .-� Date and Tme of Repo�t 04032295 v 02/20/2004 03:58 Primary offense DEATN-INVESTIGATION OF A DEATH O ffender lnformaSon Arresfetl nJp Pursuif engaged j�p Volafed Restraining Order No DUf Np Resistance ertcounfered No Condition Taken to healEh care {acrlity NO Medical release obtained? No Weapons Usetl by Police YYeapons Used by Suspect at Trme ofArrest Fi Victim STEPHEN FUL KUMA 1651 7TH ST E Apt# 10 St Paul MN 55106 Nicknames or Aliases Detai/s Sex M81e Race BIaCk Hispanic NO DoB 02/21/1958 Age 45 trom Phones Employmertt Home Occupation Work 10 Cell Fax Contact Pager Employer fdentifrca6ort SSN: - - License or 1D# K500777264136 License Sfate MN Victim Informafion rype individual Condrtion DOA Can ldentify Offender NO Taken fo health care facility No Wi!ling to Press Cfiarges yes MeUrcat release obtained? No Injuries Type Location Gunshot injury Torso/Front Saint Paul Police Department �ewRMS Page a�s ___.__.' ORIGINAL OFFENSE / INCIDENT REPOFtT � � i � � � CompJaint Number Reference C_!J. Dafe and Trme af Report Q4032295 02/20/20Q4 03:58 Arimary oNense DEATH-INVESTIGATION OF A DEATH Witness JUNE WHiTNEY BENNETT 874 CONCOR�iA AV W St Paul MN 55104 Nicknames orAliases Details sex pemale Race Black Hispanic No ooa 07/17/1949 Age 54 ftom to Phones Home 651-208-8474 Work Ce!! Fax Contact Pager �tness JIMMY LEE CLARK 1362 WESTMINSTER ST N Apt# 304B St Paul MN 55107 Nicknames orAliases Details sex Male Race Black Hispanic NO Doe 03/06/1959 Age 44 from to Phones Home 661-340-9723 Work CeJI Fax Contact Pager EmpJoymenf Occupation �D CHECKER Employer qRNELLA'S BAR fdenfificafioo SSN: _ _ License orlD# license State Employment Occupation SECURITY Employer ARNEILA'S BAR IdenSFcafion SSN.• - _ License orlO# Lrcense SNafe CRIME SCENE DESCRIPTORS Crime Scene Method 8 Point of Entry Processed YeS Force used (�f0 rype Officelcommercial flescnption gadnightGub/tavern Pointorentry pronUoverheaddoor Method Hidlnside NO Saint Paul Police Department NewRMS Page 4 of5 _�______ ORIGINAL OFFENSE / DNCIDENT REPORT Compfaint Number Reference C.N. Date and Tme of Report 04032295 Primary offense DEATH-INVESTIGATION OF A DEATH Q � — � � � 02/2Q/2004 03:58 Weapon(s) Used Firearm, other SOLVA6tLi't'Y FACTORS Suspect can be ldentified YeS Photos Take� YES EviUence rumed In Y0S Lab By BENNETT. JUNE Stole�PropertyTraceable NO Property Turned In rjp BiologicalAnafysis NO NarcoticAnalysis NO Lab Commenfs FrngerprintsTaken Np ItemsFingeiprinted No NARRATIVE f, SQD. #119, OFFfCER J. MILLER WAS SENT TO 1183 UNIVERSITY AVE. W., (ARNELLA'S SAR), ON A SHOTS FIRED CALL. ON THE WAY TO THE CALL I WAS UPDATED BY DISPATCH THAT SdMEONE HAD BEEN SHOT. ON SCENE t ENTERED ARNELLA'S THROUGH THE FRONT, (SOUTH), DOOR. AS I ENTERED THE BAR I SAW THE VICTIM ON THE FLOOR_ THE B/M WAS LATER ID AS KUMA, STEPHEN FUL. WHEN I ENTER THE BAR THERE WAS STILL APPROXIMATELY 40 PEOPLE INSIDE. 1 NELPED SECURE THE SCENE AND THE PATRONS OF THE BAR. MED1C RIG #14 WAS ON SCENE AND TRANSPORTED KUMA Tq THE MEDICAL EXAMINER'S OFFICE. SQD. #103 WAS ON SCENE AND SUPERVISED. i tD AND TOOK STATEMENTS FROM TWO PEOPLE; BENNETT, JUNE WHITNEY AND CLARK, JIMMY LEE. BENNETT TOLD ME SHE WORKS �OR ARNELLA'S BAR AS A ID CHECKER AND COVER CHARGE TAKER. SHE SAID THAT TNERE WAS A FIGHT INSIDE THE BAR AND CLARK ESCORTED TWO B/M'S OUT OF THE BAR. APPROXIMATELY 2 MINUTES LATER KUMA WALKED INTO THE BAR. BENNETT SAId SHE ID KUMA AND HE GAVE HER A$10.00 BILL TO PAY FOR THE COVER CHARGE. SHE THEN WENT TO THE BARTENDER, GOT CHANGE FOR THE $10.00 BILL AND GAVE $3.00 BACK TO KUMA. APPROXIMATELY 1 MINUTE AFTER THAT ONE OF THE B!M'S THAT WAS ESCORTED OUT RE- ENTERED THE BAR THROUGH THE FRONT DOOR, FIRED A GUN AND FLED OUT THE SAME DOOR. BENNETT TOLD ME SHE COULD ID THE SUSPECT AGAIN. SENNETT DESCRIBED THE SUSPECT AS A 8lM, 23 TO 26 YOA, 210 TO 230 LBS, 5'6" TO 5'8", SHORT BLACK HAIR IN BRAIDS WITH RUBBER BANDS, LIGHT COMPLECTED WITH A BLACK BASEBALL STYLE HAT, GRAY SHIRT AND BLUE JEANS_ CLARK TOLD ME HE WORKS FOR ARNELLA'S BAR AS A SECUR(TY OFFICER. HE SAID THERE WAS A FIGHi' INSiDE THE 8AR AND HE ESCOf2TED TWO OF THE B/M'S INVOLVED IN THE F1GHT OUT THE FRONT DOOR. HE SAID TNAT SHORTLY AFTER THAT HE WAS STANDING BY THE FRONT DOOR WHEN HE HEARD GUNSHOTS. CLARK SAID HE JUMPED FOR COVER AND DID NOT SEE ANYTHING ;.-. �. Saint Paul Police Department �ewRMS P2ge 5 of5 � ORlGiNAL OFFENSE ! lNCIDENT REPORT Complainf Num6er Reference QM Dafe and Time of Report 04032295 Q �3 — �, � � 02/20/2004 03:58 Pnmary offense DEATN-INVESTIGATION OF A DEATH ELSE. I WENT TO THE MEDICAL EXAMIRfER'S OFFICER AND SPOKE TO M.E. CHRONAKOS, VICKI. I ID THE VICTIM THROUGH MN P(CTURE DL AS KUMA, STEPHEN FUL. PUBLIC NARRATIVE INVESTIGATlON OF A DEATH Please distribute to: _CHF _Hom _Rob _Juv �Oper _PSC _Lab _Rec _Tear� _Sex �D/C _Burg _Theft �Prop _CAU _F&F Auto _DAO �CO �Rptr _Vice _Narco _SIU _T&A _Other �. Saint Paul Po(ice Department SUPPLEMENTAL OFFENSE 1 INCIDENT Comptaint Number Reference GN. fl �� 04032295 t � " r Prrmary offense DEATH-INVESTIGATI�N OF A DEATH Page 1 oi 3 Date and Time of ReporE 0'( /06/2005 10:51 Primary Reparting O�cer: JANE LAURENCE Primary squad: Secondary repating o�cer.� Approver Distr;ct WeStern Srte: Secondary offense: Name offocation/business: Location of incident. 1183 UNIVERSITY AV W ST PAUL MN 55104 Dafe & Ume of occurence: 02120/2004 00:00 Arrest made? to pp12012004 00:00 Attempt Onfy Appears to be Gang Related Police Officer Assaulted or lnjured Police OfficerAssisted Suicide CRIME SCENE DESCRIPTORS Crlme Scene Processed Type DescrrpEion Mefhod & Point of Entry Force used Point of entry Method Hidlnside SOLVABILITY FACTORS Suspect caa be Identified Photos Taken Evidence Turrred ln sy Sfolen Proper(y Traceable Aroperty Turned !n Lab Biofogical Anelysis Narcofic Analysis Lab CommenPs Finge�prints Taken ltems Fingerpnnted NARRATIVE On 1 Z-15-04, t spoke with Mr. ira Whiflock, counsel for Galvin Coleman, and received permissron to speak w Coleman. I went to the LEC and introduced myself to Coleman and told him I would come and speak wifh hi� shortly. On 12-17-04, I arranged to Coleman brought from the lEC to the Homicide Unit. Coieman was then inferviewed by myself, Sgf,�W��r�f�cz,o�a�,d,S��,,Ber�ren�, A New RMS REP4R°f Coleman said fhat Michael Anderson was raised by Coleman's mother because Anderson's mother was kill� when he was a small child. Coleman grew up with Anderson in his horrte, in fhe role of a big brother/fafher figure. Coleman's own father was not present in his life. Coleman said that Anderson attended school and stayed away from crime unti( he was about 17. At that time, Anderson went fo Chicago and got involved in New RMS Page 2 of 3 � �--. Saint Pau( Police C3epartment SUPPLEMENT/�L OFFENSE / INCiDENT REPORT Complaint Number Reference C.N. 04Q32295 Dafe and Time off�eport � � - � .✓ � 01 /06/2005 9 0:51 Pnmary offense DEATH-INVESTIGAT OF A DEATH selling drugs and "hustling". When Coleman saw him again, Anderson had expensive cars, ciothes, jewelry, and lots of money. Coleman said that Anderson told him to stay involved in sports and stay in school. Coleman said Anderson lectured and confronted him about using marijuana and told him to stay away from using drugs. Coleman said thaf wfien he was abouf 17, Anderson began to get him involved in the drug business by taking him around and letting him count money. Coleman said when he was in 8th grade, Anderson was living at 42nd and Girard, in Minneapolis. Anderson had a safe fuft of money in this house. Coleman said that he had been making music/rap videos and Anderson let him use the cash for a prop in his video. Coleman said he was throwing the money around and dancing in it for the video. Coleman said soon after that he was with Anderson at the house and two black guys came in with a machine gun, pistol whipped them, duct-taped them and demanded to know where tha safe was with the money in it. Coleman said fhat Anderson was looking af him and the look in his eyes was, "If you say anything, I'�I kill you". Coleman said the robbers found a pile of $5,000.00 and another pile of $20,000.00 but didn't find the safe which contained a significantiy larger amount of money. Coleman said when the robbers Ieft, Anderson went to the safe and took out the money, pulled back a large rug and stacked the money under the rug. Coleman said that Anderson's record label is "Hustling Hard Records". h!e said that TY is Anderson's business partner. Coleman said that Anderson is a hard core Vice Lord. He said Anderson is in control of the whole Chicago and St. Paul Vice Lord gang. Coleman said that Anderson tried to keep him ouY of the gang until he was about 17 years old. After fhaf Anderson started trying to bring Coleman into the Vice Lords and into drug hustling. Coleman said that Anderson took him to Chicago and they met with the main Vice Lord, who offered Coleman money, crack and a car to join the Vice Lords. Coleman said he had promised his Grandmother, before she died, that he would never join the gang. Coleman said that Anderson would take him with him to Chicago (because Coleman's biological father and his brothers and sisters - Coleman's uncies and aunts) lived in Chicago. Coleman said that he would be riding around with Anderson and a car would roll up and the occupants would start shooting at them, and Anderson would shoot back at them. Coleman said that his favorite cousin caNed him and told him that he'd joined the gang, and Coleman cried. , I asked Coleman to describe what happened the night of 2-20-04. He said tha4 Anderson cailed him and invited him to come out to a strip club. The sYrip club allowed people under 21 inside. Coleman said RJ, Face, and some other friends of Anderson's were along. They are ail over 21. Coleman said he doesn't get along with Anderson's friends and fhey don't like him. He said they went to fhe strip club but didn't go inside. Then Anderson told him they were going to a club and took him to Arnellia's. He said Anderson tofd him, "I can get you into Arnellia's, I know the owner and the bouncer". Coleman said he had his MN ID showing his DOB as 5- 20-83 (20 years otd). Coleman said he went into Arnellia's with Anderson and the rest of the group and showed the doorman his ID. He said Anderson paid the doorman $30.00 (fhree $10.00 bi(Is} so that Coleman couid get into the bar, _, _ ..-. _ ..r" -- --..._�.._�_____�__.._.___._.�_---- \ �'`Once inside fhe bar, Anderson bought him several drinks. Coleman said that Anderson knows Towaner �� Chandler and they had gone to Arnellia`s because she was there cete6rating her birthday. Coleman said he r � was dancing and drinking. __.._____......__.__`.�____�___� e_.M_____ _�__ _--�- \ , _ ..___ _ Coieman said he was on the dance ftoor when a fight started. Coleman said some people were told to leave the bar but Anderson and the rest of them decided to leave on their own. Coleman said he was verv drunk � this time. He said Anderson told him to get the gun and air the place out. He said he and Anderson wenf out fo h�mmer and Anderson reached up into a space behind the glove box and pulled out a gun. He said Anderson aiways had a gun with him. Coleman said the gun was a black, semi-auto with a rubber grip and a New RMS Page 3 of 3 � Saint Paul Police Department SUPPLEMENTAL OFFENSE / iNClDENT REPORT Complaint Number Reference C.N. 04032295 Primary offense DEATH-INVESTIGATiON OF A DEATH o P�� Date and Time of Repat � 01/06/2005 '10.51 "beam". He thought it was like our departmen4 issued firearms (Glock). He looked at Sgt. Wynkoop's full-sized Giock and Sgt. Laurence's smailer version Glock. He said he thought the gun Anderson handed him was a full- sized gun. Coleman said he ran into the bar and shot the gun several times. He did nof recaff seeing a faser beam. Coleman said the Hummer was parked in the second parking space from the street, in the lot on fhe left side of Ameilia's. He said the black Nummer was parked facing out, ner.t to a car that was facing in. He said he remembered the women at the car facing in. He said he was gfad fhey came through as witnesses so that the truth would come out that Anderson was behir+d this. Coleman said that after shooting inside the bar, he ran out and jumped in fhe Hummer, which Anderson was driving. The others in their group left in another vehicle. Coleman said that the black Hummer was bought by Anderson from "DP" at Wally McCarthy's. He said Anderson gave "DP" $5,000.00 in cash monthly as payment for the Hummer. Ne said he had been with Anderson on many occasions when he gave paymenfs of $5,000.00 to DP. Coleman said that Anderson also had a black Excursion and a Lexus which he bought under these same terms. He said the Hummer was cieariy Anderson's and no one else's. I asked who Tommie Lee Gilbert was. He said he thought it was a relative of Anderson's. Coleman said that when he was in jaii and Anderson was released, Anderson snuck into the jai! with his cousin Maurice and visited Coleman. He said Anderson told him, "1 shoulda never took you in there and got you drunk. I'm sorry I gave you the gun". Coleman said he has told everything to Reverend Devin Miller. Officer Mike Reuvers told me that he had on-going confact with Brian Osborne (Cell/ 612-669-5322) from Simpson's Auto Leasing. Simpson's is the business that arranged the sale/lease of the Hummer to Anderson. DP is a person named Dave Persuiila with a phone number of 692-817-1104. Brian Osborne said that they have had 7 or 8 people looking for the Hummer and for Tommie Lee Gi(bert for severaf months. He said that nobody in their business knows how to reach Gilbert. I tried to find a phone number or contact information for Giiberf from severa� source. i could not find a way to contact Giibert. PUBLIC NARRATIVE Please distribute to: _CHF _Hom i Sex _DIC _CO _Rptr _Rob _Juv _Burg _Theft Vice Narco _Oper _Prop SIU _PSC _Lab _Rec CAU F&F Auto _T&A _Other Team IHGC�i l J �' .- Y . � ��. .� . _ . . .� P � , �> � 1 STATE OF MINAI�SOTA � � _ � � ` " --- ��STRICT COURT � 2 �MSEY CGTJI�ETY COI7RT {^ � . � � ... SE�[SN� JTP�ZCIAL I}ISTRICT . . . _ _... .... �� <,-� ... .. 3 ------_ , .. .:,. , .,..�I � s��r� o� rinv�somA, C:.� ;', 5 Plaintiff, 6 vs. File No_ DC K9-Q4-6&7 �'"� 7 Galvin Dewayne CoJ.eman, s Defendant, 9 -------------------------- --------------------------------------- �� The above-entitled proceeding came cluly on ior hearing 11 before the Honorable Dale Lindham, one of the Judges of the 12 above-named Court ,on the 17th day of Septemher, 2D04 at Ramsey � 13 County Courthouse, Cifiy of St. Paul, County of Ramsey, State af 14 Minnasota. 15 f6 . APPEARANCES_ �7 Sohn Freeman, Esq., appeared for and on behalf of the 18 Plazntiff. �9 Ira Whitlock Esq., appeared for and on behalf of the 20 Defendant, Gaivin Coleman, who was also present_ 2 � Pauline Jansen, Caurt Reportar. �z (Where upon the following procsec�ings were had:} � � � dfa��.7��1�!'�i 'r � .; � � � � I THE CI,ERK; Paqe l, line 2, �alvin Z Cole*_aan, in custody, ��-�� 3 PHE CGURT: Good afLernoon,' Mr_ Co2eman. � MR. COLL�3At3: Gaod azternoan. � i✓�R. LvHIT�OCR: Sra Whitlock on his G behalf. 7 & 9 10 11 12 � 13 14 I5 1G 17 18 19 2p lI � 22 23 2� 25 MR. FREEMAN: John Freeman, Assistant Ramsey County Attorney. THE COI3RT: Okay. And my und2rstanding, after our appearance yesterday, is that there is still a desire on Mr. Coleman's part to enter a plea at this time; is that correct? i�SR, hHZTI,OCK: That's CorrecL, Your Honar and we're �eady to go for�sard and proceed in tk�at fashion this afternoon. THE COURP� All right. Mr. Coleman, you recall I asked you yesterday some quesi,ions. I'm going to ask you, basicaliy, the same ones over again. &ear wzth me if you wou3d please. MR. COLEMAI3: That's all right. THE COURT; You ah, you`ve discussed this matter tharoughiy with Mr. Whitlock, have yau not? MR. i.OLEMAN: Yes, sir. THE COURT: A21 riqht_ And Mr. WhitlOCk � . .l 1 � Z 3 4 5 6 7 8 9 10 li 12 � � � p�-�� 3 has explained to gou all af the Cons*itutianal Rights that you have with regard to this matter; is that true? rFR_ COL•EMAN: Yes, sir. T?�E �GtI�T: And tha� includes, among others, the right to ha�Ja a jury trial; the right to remain silent, if that's what you chose to do, an3 the right Co require the State to prove your quilt beyond a reasonable doubt; do you understand that? I�iR_ COLEMAN: Yes, sir. THE C6I3RT: And there ere many other rights that Mr. Whitlock has explained to you; is that true? 13 MR. COLEMAN: Yes, sir. i¢ THE COI7RT: A11 riqht. Now you ;� un3erstand that it you plead guilty here today, you're 15 going to waiva those rights. Do you fully understand 17 thatp �g MR. COLEMAN: Yes, sir. �g THE COTJRT: You also understand that Za there is no offer from the State for a plea in this Z� matter. That yon woul� just be pleading guilty and it z2 would be up to the Court then, what the sentencing 23 would be; do you uncierstand �hat? 2 `� P4K. COI,�Z✓i�iN: Yes. sir. Z� THE COBRT: okay. And you understand r � � 2 3 4 5 6 7 8 9 10 I1 I2 � 13 14 I5 iG 17 F8 14 20 i Z} 22 23 24 � i ��-�� ¢ that I c�o�ild order a pre-sentence inv2stigation_ And then after reviecaing that and after having a se�tenc��g hearinq and listening to what you have to say and what other people, caho are related to this cese, migh't have Lo say_ At that po?nt I wo=113 make up my minc3 how to sentence you. And thera would be no guarar_tees as to what the sentence would be; do you understand that? l�IIi. COLEMAN: Yes, sir. THE COTJRS: Dkay. And you're clear headed here today, are you not? MR. COLEMAN: Yes, sir. THE COURT_ You aren't suffering from any mentai disabilities af any type ar� you? MR. COLEMAN: No, sir. THE COURT: Do you take any medications of any kind? NR. COLEMAN: No, sir. THE COURT: All right. You're satisfied you understand what's goinq on and what you're �oinq; is that true? Mi2. CO3�EMAN: Yes, sir. T?IE COURT: Al1 right. And you've decide� to do this oP your own free will? MR. COLE�§2�I: Yes, sir. THE COURT: Has anybody pramised you f I � Z � � 3 � 5 6 7 8 9 ia FI 12 13 24 IS E[A � ��—�� > anythinq or did anythinq to trY Lo force you to plead quilty �ere today? MR. COLEMAN: i3a, 5ir. ^1HE COtTRT: Al1 right. Then, I;�;onld lil�e you to raise your righ� hand for me please. MR_ CO�EMAN: tComplying} THE COtiRT: Do you swear that the information that you're about to give far the matter now un3er consideration will be the whale �ruth and nothing but �he truth, so heip you God? MR. COI,SMAN: Yes� sir. THE COURT: All right. You can put your hand down. Is yaur full name Galvin, G-A-L-V-I-N, Dewayne, D-E-W-A-Y-N-E, Coleman, C-o-L-E-M-A-N? MR. COLE�PN: Yes, sir. TAE COURT: And sir, were you horn an 17 May 20"' of 1983? 18 MR. COLEMAN; Yes, sir. 19 THE COURT: And do you have a permanent z0 address Mr. Caleman? 2l NiR_ C(}I,EMA23: Yes, six. z2 THE COURT: V�hat is that? 23 MR. COI,EMAN: 850b Lyndale Avenue South. Z4 THE COURP: And that's Minneapolis? 25 MA. �OLEt�AN: Bloomington. -- F �t � � Z �. � � LJ � � �� 3 4 > 6 7 8 9 IO 11 12 13 I4 t5 IG 17 I8 19 20 21 22 THE COURT: Bloomington, Minnesota. Al1 right. �� Afr_ Coleman, to the charqe of ?nurder ir_ the s2cond degree with intent, in v_olation of A4?nneso�a Statute 603.19, Subdivision 11, on February 20� 2Q04, how ao you plead? MR. COLEMAN: Guilty. THE COURT: A1k rignt. Do you have a plea petition with you? MR. WHITLOCK: I do, Your Honor. Are we going to have him take the witness stand? THE COT3RT: Yeah, we can do that, if you would 1ike, if it's easier for you to do it that way. MR. UdHITLpCK: Please, Your Honor. THE COi3RT: Mr. Coleman would you please come up and have a seat in the witness stand? MR. COLEMAN: (Complying) THE COURT: Nfr. Coleman, remember now that you have been sworn under oath, okay? MR. COLEMAN: Yes, sir. THE i3OIJRT: A71 right. You may proceed, Mr. Whitlock. z3 I�iR. WAITLOCK: Thar�k you, Your Honor. I 24 �on't keep asking, Your Aonor, but may I approach? 2 � TH�' COURT: You may. . . 1 � 2 3 4 5 G 7 8 9 zo 13 12 � 23 14 15 16 17 18 19 2a 21 22 23 � 24 2S ❑ a� �� MR- WHIi'LOCK: Thank you_ EXAMINATIC?d Yl BY I�. L'aAITLOCK: Q• Mr. Coleman, you and I had, have had may discussions abant this case and what ycur rights are as relates to this case; is that true? A. Yes, sir_ Q. And you understand, Mr. Coleman, that you have an ahsolute right to go to trial in this case, which we have a trial date already set in October; is that true? A. Yes, sir. Q. Do you have any questians about that before we proceed with anything else taday? A, Na, sir. 4- You read, write and understand Englis�; is that trus, Mr. Coleman? A. Yes, sir. 4• You hav� completed high school and gotten a diploma; is that tzue? A. Yes, sir. Q• Xesterday we had a proceedinq and rather than talk about, beiabor that point very much at all, �o you feel cam£ortable proceeding today with the plea? A. Yes, sir. f 1 i I � Z 3 4 5 G 7 8 9 10 11 12 � 13 I4 15 1G 17 IB 19 ia 21 22 23 � 24 2i � r. � r r, � ��.%' '�'<'_- S Q. And so�e of yo�r £amily members, I see, are in the court�oom. Do you have any quesLions or anytning that you 4iant to ask me before we qo more into this at this point? A• No, sir Q. All right. Mr. Co3.eman, I to?d you I have to ask this apparently stupid question, but do you feei satisfied with my representation as it zelates to this case? A. Yes, sir. Q. Do you fee2 like I've shared all of the police reports ard a11 of the information related to this case with you? A. Yes, sir. 4. Z can't go through everythinq on this record and in terms of wha� we've talked about and some of it just =+rou3.dn't be appropriate for us to go through but do you have any questions of ine ab�ut any of your riqhts before we go forward? A. I�o, sir. 4. I've shared with you basic options that yo� nave as it relates to this case. I mean, obviously one of them is what you're doing here today, pleading quzlty, one o� them, and most importantly, is your riqht to go to trial; rignt? P � 1 � z 3 4 5 G 7 B 9 i0 ti 12 � 13 14 15 2G 27 18 IS 20 2F az � 23 24 25 f y � �" t � m 6 '� � 9 A- Yes, sir. 4- We've ialked about defenses t_hat would go alonq with that trial, such as voluntary intoYica�ion defense. You uncIerstanci whaL voluntary intoxication --- now, you'ze not a lawyer, but based on my discussions with you, you understand what that is; true? A- ��s, sir. s2• P.nd you understand that technically woulcl be an available defense for you in this case. No matter what your or my opinion is about how strong it is, we've �aiked al�out �hat; is fhat true? A. Yas. szr. Q. By entering the plea that you have now started to do, and are goinq to finish here you are qoinq to waive yotir right to ever claim intoxication as a defense in this case; right? A. Yes, sir. Q. You have any questians about that before we qo on? A. No_ Q. All right, Yau and I ah , I`11 say one more thing about it, talked about how strong an i.ntoxication defense would be; what that wou2d raean; what would have had to have happenecl; what coulci be proved in an intoxication defense; rignt? , . x � Z s 4 5 G 7 8 9 lo lI 12 i �3 14 15 IG 17 18 19 20 � ai 22 23 24 2s * ��°�� io A. Yes� sir. Q. And some facts i,hat are going to corce out when yau, probab].y more wnen yo�s taI{ to Mr_ �'ree_*::an, having �o do with how stable you were in the club, the facL that yau drove a van after the shooting and s�me other things that took piace; including the fact that we di�ai't have a blood alcohol reading on you to know exactly what your intoxication level was, led �te to give yo� advise that it might not be the best 3efense in a case 13ke this; is that right? A. Yes, sir. Q. But we've discussed that is mosc important, you understand that; true? A. Yes. Q. Again, any questions about that? A. No. Q. All right. I've taiked to abont the PaCt that I've made various offezs to the State to try to get a se� sentence in this case. uhat we talked about, a Iittle bit yesterday, a plea barqain, a plea agreement; right? A. Yes, sir_ Q. As yon sit here today, you understand that -- -, no oEfensa to Mr. Freeman, I respect him but, despite my frustratzon with not getting offer, an offer i � Z 3 4 > 6 7 8 9 10 � r� L 11 12 13 14 15 1G � �� from the State, you understand that you're qoirg forward wathout an offer today, when yo�s enter your p1ea; true? �i A. °es, sir. Q. I'� noL going to spe?�d mnch t�.�e on this eit�ez, but I've given you a Supreme Court case by, without going into the site of the case, but we cail it the Blakely Case. It's a case that you got a chance to read; is *hat right? 13. Yes sir. Q. I told you tt�e Supreme Caurt has made a tlecision about upward departures and sentences and langth of sentences, of particular Dsfendants, based on certazn rules and rsquirements in the legal system; right? A. Yes, sir. 17 Q. Wa've ha3 a chance to talk about how that 1g case migh.t ?mpact your case; riqht? 19 A. Xes, sir. Za Q. I've got a chance to share with you the z1 digital, I call it a video even though it's on a CD, ZZ but I've shown you the d?qital image that, of you Z� in�Toloed in the shooting that niqht at Arnellia's Night 24 Club; right? '-� A. Yes, sir. 1 � Z 3 � 5 s 7 8 9 t0 li 12 � 13 14 is is fl7 I8 19 20 21 22 23 � 24 25 ! ��-�� z Q. You qot a chance to see yourself on that video tape; did yau not? A. Yes, si�. Q. And you don`t have any doui�t tha� trat's you on that video tape; trse? A. Yes, sir. Q. Okay. And I'm sorry about the way I forme3 that question. Sometimes I will say tzue at the end and if it throws you otf, you just stop me and ask me and we'lI clarify it. We want the record to be clear. You're convinced the person on the video tape who did the shooting"was you. A. Yes, sir. �. A31 riqht. Now aqain, I'm not here to create a defense ar back oafi of our plea. You know many o� the witnesses that night gave multiple versions of images that they saw, in terms of who the shoater was; right? A. Yes, sir. Q. Inconsistant, in our opinian, as to who they thought the shooter was; txus? A. Yes, sir. Q. You have, what some people w�ould caiZ, a fad haircut that is very short; would you agree? A. Yes, sir. 1 � 2 3 4 � G 7 & 9 IQ I1 12 � � 13 14 15 lU 17 zx 14 aa zz 22 23 24 2� � ��m�� 13 Q. S only �nent?on i�hat tc say that one oi the witnesses went so far es to describe the shooter as a person c�it� braids and with the details, that ti�e person had rubber bands at the end of the A1'd3.fI5. Braids ar2 sonethina Lhai Afxican �ericans wear in their hair; true? A. Yes, sir. Q. And other folks can as well but, you don`t have braids and you didn't have braids that night; rignt? A. No, sir. Q. Be that as it may, and there were other dascriptions given as well, thongh we're not qoing �o belabor that. Be that as it may, the people qave these di�ferent descriptions, you saw yourseif on the cicieo tape that we hat�e; true? A. Yes, sir. Q_ And you know that it's a very strong possibility that that video tape would be entered infio evidance at your trial, if you weze to have a trial; true? A. Yes, sir_ Q_ So, clespite what people said ahout who they thought the shooter was, whether they made a mistake, that the person hact on gra,y, white, red, braids, ba2ci. � i Z 3 � 5 6 7 8 9 10 il i2 � L J 13 14 1S i6 17 t8 I4 zo 21 22 23 2t E� # ` ��-�� 1a You saw yourself on the imaginq. You l�zoca the Surors sitting in those seats or some otheT Collr�room� �..ould see that video tane of you; would they not? A. Yes, sir. 4- I discussed wii.h you things like, things ---. We talKed about something called Co-Defendant tesLimany and what that means. If the Co-➢efendant were to testify against you or you tastify against the Co- Defendant or what ever, we talked about that right? A_ Xes, sir. Q. You understand that beeause the State didn't make an offer, I suggested to you that you not provide information abont Michael findgrson. He's a Co- Defendant in this case; right? A, Xes, sir. Q. Now, we haven't heard it yet, but there's going to be some zntormation that's going to come out about Mr. Anderson in this case; true? A. Yes, sir. Q. Anfl I advised you not to say anything because I felt like, if the State wasn't making you an offer, there's na need for you to assist them in the prosecution of Mr. Anderson or anybody eise; is that riqht? A. Yes, sir. � > � sz 3 � 5 6 7 8 9 10 11 12 � � 13 14 r> 16 17 EE3 29 20 23 22 � 24 25 � �m� � � � i> Q. But you've insisted that you're going to eome ?n here and �ust te11 't:�e truth here today; true? A. Yes, sir_ Q. Your 3or_or, S apologize. It's tak?ng a 13ttle longar ihan I do with a normal plea. I think there's some impartant things tkat reed to come out. Aqain may t app�oach? TAE C013RT: I actree_ You mav. HY I�iR. Tn7HSTLOCK: Q. Mr. Coleman, I'm showing you a one paqe, two sided document entitled, a petition to enter a plea in a£elony case. Do you recognize this document? A. Yes. Q. And you and I went through this line by line; is that true? A. Yes, sir. Q. The writing on both sides. Ar�d i filled in most of the items that ah, in pen and you signsd it at the bottom. Is tha�. your signature on the bottom of the second page? A. Yes, sir. Q. And you siqned that yssterday, is that right? A. Yes, sir. Q• With the Court's permission, I'ZI just ?eave the <3J16 date on here, understanding that �1r. Coleman z � C� � : 1 2 3 4 5 6 7 8 9 lo lI 12 i3 za I5 1G I7 18 19 20 z� 22 23 7r1 23 r , +� �°�� 1G wisnes to continue with ths plea_ I dan't need we need to scraLCh that out and chanqe iL to today's date. Is �haL okay, Your H�nar? THE COliRT: That is f3n2. BY MR. WfiITLOCK: Q. Do you have any questions about this document? A. No, sir_ Q. Da you undarstand, as we say under numher 20, where it talks about the plea agreeraent, that the only thing that T say is that the County is aqreeing ta dismiss count two, which has to do with. a felony murder, We won't get into what that means� but you understand what felony murder is; �iqht? A_ Yes, sir. Q. They're going to disrniss that charge, which is count two. �1nd I say, no other agreements with the Judge or the State; right? A. Right. Yes, sir. Q• Any cluestions about �hat? A. No, sir. Q. Yau're not under the influence of any alcohol or drugs today are you? A.. A70 � 51 Y'. 4. You'ce been in custady since you turned I � Z 3 4 5 6 7 8 9 14 lI 12 � 13 14 IS 16 17 I8 19 2d 21 zz 23 � 24 v � �� yonrself in, short3y after this incident; is that right? � - r� A. Yes, sir. L�- You've never been treated 3�y a psychia'trist? A. -� S7.Y'. Q. And, abviously you're not takirg ---, I think the Judge askect you so, I won't repeat those questions, but you're not under the in�luence of any meaiCations right noUr? A. No, sir. Q. A11 right. Has anyone threatened you either at the jail, through the phone, through letters. Has anyone threatenad you or coerced you into enterinq �his plea? A. No, sir. Q_ And in fact, yau wanted to do this plea fram the very beginning of this case; is that right? A. Yes, sir. Q. And you and I have communicated that with bath Mr. Freeman and tha Prosecutor here, you don't know his name, and His Hanor 3udge Lindham, yau knoca I've toZd him that; riqht? A. Yes, sir. Q. It's taken thzs long mostly because of ine and proeedural issues; is that true? , � � Z 3 4 5 G 7 8 9 lo cz 1z � 13 14 1j 1G 17 18 29 20 21 22 23 � � zs � 0 � - ; � � `�` �g A. Yes, 51Y. Q. A3_1 riqht. So, no one's pressured you into entering this plea is my point; is that right? A. Right. Q. Yau're doing �his freely and voluntarily. A. Yes, sir. Q. This is on your own free wi11. A. Yes, sir. Q. And this is after you've had a chance to talk to me, both counseling at the jail, over the phone, you've taZked to your mom, who's back in the back row. You've taiked to numerous people about this; is that right? A. Yes, sir. Q. Any questions a� you sit here? A. No. Q• A11 right. I'm gainq to keep asking you that because if you do have questians I want you to ask them for me, okay? A. Yes, sir. Q. flr ask them of ine or either H�s Honor. Your Honor, I heve a conple more questions but I want to oifer the petition, at this time, I believe Counsel has reviewed it. �R. rREEMAN: i've ssen it and 'nave no . ; 1 � 2 3 4 � G 7 8 4 10 lt 12 � 13 14 15 16 17 �� 18 I4 20 � 0 �- �2� '�' objecLion to the Court receivinq it,. 19 (i�lhere upon a petit3on to enter a plea of guilty was submittad) ThE c:.0i}RT: Mr_ SVhitlock, I think, covered this but, just to make sure. This is your siqnature on the back oi this; i.s that correct? MR. COT,EMAN: Yes. sir. THE COURT: All right. And you signed that of your own free will? MR. COI,EMAN: Yes, sir, fiHE COURT: Plea petition is received. MR. WHITLOCK. Thank you. 3ust briefly, Youz' Honor. BY MR. WHITLOCK: 4. Mr. Coleman yau know that, I mentioned witnesses eazlier, you know that �s at leest at least one witness that could be very instrvmental in any trial, �ahether it's yours or Michae2 Anderson's; riqht? A. Yes, sir. 2� Q. A woman named Nis. Xenzie; true? z2 A, Xes, sir. 2 Q. And you understand that this was the lady who Z¢ says she was seated next to you in the bar a* Z5 Arnellia's Night ClUb tYtat night; right? At some 1 � � 3 4 5 6 7 8 9 ia 11 12 � 13 1� 15 16 17 18 lh 20 21 � � ��_�� i point. Z� A. Yes, Q. I�nd also vras the sa�ne individual that was parked naxt to ihe Hu_*avee, which was the vehicle that yan ended up leaving Arnallia`s Night Clab in i.hat night and that you came Lhere in; true? A. Yes, sir. Q. You know this is the young lady who says that she saw Mr. Anderson give yotz the weapon and tell you to qo aiz the plaCe out; i5 that riqt�t? A. Yes, sir. g. I specificaily mention her because you know she identified you in a line up; true? A. Yes, sir. Q. And I just want to make that point. You understand that that evidence is in the police reports and would be presented by Mr. Freeman at any trial that you would have; riqhL? A. Yes, sir. Q. Daspite some other people misidentifying who the shooter was, or what ever, that young la�y, at ieast, picked you out of a line up and said she was sure it was you who did the shooting; tsue? A. Yes, sir. Q. She not only was able to pick you out, but Z2 23 24 25 � � 2 3 d 5 6 7 8 9 10 21 I2 . t3 14 I� 16 I7 � 18 19 zo 2I 22 z� 24 zs � � �- �� i Z� says she had conversatians with you that niqht. And whether you agreed with ali oi ner siatements, or not, s1e made c_aims you tol.d her it was yaur �irthday and some other things; r?gY?t? A. Yes, sir. 4. All rigni.. 3efore Mr. Freeman asks you some questions, Mr. Coieman, we've talked about the fact that I filed a motion for cleparture in this case; right? A. Yes, sir. Q. You understand that mation is far a downward departure? A. Yes, sir. 4• And we're going to ask the :Iudqe to not sentence you to what the book says, which is, woulci be a sentence of somewhere around 30S mon�hs. But to downward depart to, what we consicler to be, a more reasonable sen�ence under the circumstances; right? A. Yes, sir. �. Now, you understand that H?s Honor has given us no gnarantees about that; right? A. Yes, sir. 4• And you know I've aSready filed that motion. And Mr. Freeman has known about �t far a lonq time, that we were going to file it but, uni, do you have any t � z 3 4 3 6 7 8 9 lo il 12 � 13 14 15 1G k7 I8 !9 2il zi 22 23 � � 25 � �� questions af ine about that, at this�point? A. No, sir. Q. While it`s been iiled it has no ot�er ?mportance other �han �he day of sentencir_g wher_ the Judge has to make this decision, he'l1 decide whether he's going to do that or something e2se we are going to talk ahaut, which is a motion to stay this file; do you understand that? A. Yes, sir. Q. Ail right. Do you know Mr. Freeman has filed a motion for an up�aard �eparture in this case, ask?ng for more time than the book calls for; do you understan� that? A. Yes, sir. Q. Do you understand that I'�e been in neqotiation with them. I've made offers. I offered up to somewheze beEween 15D to 200 months, as it relates to a sentence at different times throughoufi tha case; you understand that? A. Yes, sir. 4• Anci those oEfers were rejected by the S�ate, bnt you know we made attempts to do tha�. A. Yes, sir. Q. Some of those, you saw letters that I wrote to Mr: Freeman asking that they consider a range of � � � 1 2 3 4 5 G 1 8 9 1D I! 12 13 1� 15 16 17 18 19 20 21 Z2 23 2,4 25 � senfences; riqht? A. Yes, �iz. 0�_��7 � 23 Q. Any questioas about that? A. I3o, sir. Q. Al1 right. I'� not �oing to Lalk about the B}.akely case again, but I told you that i don't believe that, basec3 on that new case, that Mr. Freeman's motion will be successful because of what that decision says. Anci I told you there's a lot of �onfusion in the legal community about what the Blakely means; right? A. Yes, sir. Q. But I haven't given you any quarantees have I, Y�ir. Loleman, about the outeo�ne one way or another; is that ziqht? A. No, sir. Yes, sir. Q. Okay. And your saying it's zight, that S haven'� given you any quarantees; true? A. Yes. Q. Okay. Mr. Coleman, no matter what questions I ask of you, ypu understand that the Judge is going to allow you to do this on a, what I call an AlFred plea basis. In the sense that you can't remember all the detazls oi what happeneci thaC niqht; true? A. True. �. At least you understand that's what we taiked _ L � Z 3 4 3 G 7 8 9 If! 11 12 � 13 14 � Li 1G I1 is 14 2t7 21 �Z 23 2�1 �� 0 �� ! � about riqht? A. Yes.: 4- BLt you agreed, befare Mr. �reeman even asked you any questions, that you w�re given �.hat gu.n, and I'il let you tell the details of that. Yau were given that gun by an iRCj1VSC�1131 who toZd you to qa handle your business� is that riqht? A. Yes, sir. Q. When you got out oi Lha�t truck, that Humvee that night, anct you knew your intentions were to run inside that ciub and shoot that gun; true? A. Yes, sir. ,2. A21 rignt. You �idn't have any intentions of killing anybody, did you? A. No, sir. �. And, in fact, most of what pon c�on`t remember is what happened by the time you got out oP that truck, when you started runnirg, you jusE went blank; is that true? A. Yes, sir. 4• Yau certainly don't remember shooting 23r. Kuz�a, do you? A. NO, siT. Q. But you saw your image, on the vtdeo tape, discharging severai ronnds inside the door wey; rzght? 1 � Z 3 4 3 6 7 8 9 10 Lt � � 12 13 i4 IS r� � �� A. Yes, s�r_ Q. On the digital video thet I have on my comnttter, there are 16 screens availai�le; is tha� rj ght? A. Yes, sir. Q. Now, not a7.1 of them are lit up at the same time, according to which camera is activated in Arneliia's Night Club; true? A. Yes, sir. Q. So, sometimes ane camera wi11 be blank but . thea if someone goes to that asea, it activated that camera and that camera will come on; true? A. Yes, sir. Q. �3e were able to iook at different images qoinq on in the club at the same time, of different locations in the club; is that right? � 37 A. Xes, sir. 18 Q. But we also, my computer has the technology 19 to focus on one camera ancl enlarge it so we can so more 20 details in that particular image; riqht2 21 A. Yes, sir. 22 Q. Sa, we've watched images of you running on � the sidewalk, which is ilniversity Avenue, riqht i.n �it iront of Arnellia's, going to the club with your hand 25 down like this (demonstratinq�; right? � � �� S z6 1 A. Yes, sir. Z Q. And � have r.�y hand down i� a perper_dicular 3 anq2e, Yaur Hono�, to the flaor, just for �ur�oses oi � the record. But it's on your side with yonr hand down, � we can'� see �he gun; i� that true? G A. Yes. 7 S 9 }p li 1z � 1a 1� FS IG I7 iB L9 2L1 2i 22 � 23 2d z5 Q. But you clearly see yourself runninq to the front door, pullinq it open and going in; rignt? A. Yes, sir. Q. And I have the technology to be able to swiich form outside the club to insida the foyer area of the c3.ub as you enter the door; right? A. Yes, sir. Q. So we're able to see you cominq up the stairs and then discharging the qun; is that true? A. Yes, sir_ Q. You saw yourself �o tha�.; is that zight? A. Yes, sir. Q. So, whiie you don't have an independent recollection of you shooting that night, you saw yourself and you don't deny that that's you; true? A. Yes, sir. Q. And yau aqree that zt's �oreseeable, reasonable foreseeable, that if you flischarge a gun in a night ciub, where there are niunerous people, that �, 1 � Z 3 4 5 G 7 S 9 10 11 12 � 13 14 t5 16 17 18 i9 24 21 22 23 � � z5 � ��a�� z� somebody's liable to qet hit; do you agree with that? A. Yes, ,sir. Q. You d'zdn't see �hose peopie, but you agree that you c�ent in that club with the in�entien of shooting that qun; true? A. Yes, sir. Q. A11 riqht. Your Honor, I don't have anythinq further right now. TBE COUR'T; Nr_ Er2eman, woul� you like to Eollow up? MR. FREEMAN: Yes, thank you. BY MR . FR�EMAI� : Q. Mr. Colea�an, a few minutes aqo, the Judge receivsd the Petiticn to Plead Guilty that you siqned in this case; da yau remember trat? A. Yes, sir. �. You an3 Nlr. Whitlock went over that petition toqether, did yoc�? , A. Yes, sir. Q. And together you answereci all of the questions that were asked on that petitian? A. Yes, sir. Q. Anci are the answers tha� were wxitt�n dov�n, true answers that you gave? A, Yes, szr. 1 � Z 3 4 5 G 7 8 9 20 11 � � 12 13 • Q�-�� Q. idow, with respect to tne plea aqseement in. this case, yora understand ther� is no plea agreemenc; right? A_ Yes, sir. Q_ And there's no prpmise or in3ication that you're goinq ta get any particnlar s2ntence is there? A_ Yes, sir. No tnere's nct an agreement. Q. Now, on the evening of February �9''", which nitimately turned into the morning of February 2p when the shooting took place, apparentiy you were out goinq to some clubs with soiae acquaintances; is that right? A. Yes, sir. 14 Q. Now, apparently before the shootinq took 15 place, you errived at Arnellia's, in St_ Paul, at 16 approximately 11:24 or 25 p.m.; does that sound 17 correct? 18 A. Yes, sir. 19 Q. And Arne3lia's is af Course, a bar located at z0 1193 University Avenue in St. Paul. Yau know that to 2i be corzect, that it's in St. Paul and in Ramsay County; 22 correct? 23 A_ Yes, sir. 24 �. Now, what �ype oP vehicle did you ri3e in to 25 get to Arneliia's bar that night? I,` � � 2 3 4 � I � 6 7 8 9 lo �i 12 � 13 14 IS 16 I7 ts 19 2Q z� 22 23 � 24 25 � � ��-�� Z� A. A Hummer. 4. And who was driving the Hu�mer, trat nignt wr°n you went to Arnel�ia's a� about 11_25 p,m_? A• ?�fichael t' Q. Ahd how 3a you kncw �3ic�ael An3exsa�? A_ He's my cousin. 4• �nd so he's somebo3y you've know for how long? A. Since I was born, really. Q. Now, when you arrivect at Arnellia's, this, thls was, af course, a bar where they were charging a cover charqe to get in; is that right? 11• Yes, sir. Q- And back on February the 1�"' af 2004, how old were you? A. 20. �2• 5o you couldn't 1er�ally enter �he club; is t:sat right? A. Yes. 4• How �id you get in? A- Ah, tne door man they gave him thirty dollars to get in. 4• taho gave the door man thirty dollars? A. Michaei. 4• Did yau see him do that? � � �.J � I Z 3 4 5 G 7 8 9 10 il 12 13 14 15 16 17 IB I9 20 2I zz 23 24 25 • o �_ �� 3a A. Yes.- Q. And so afi.er the door man qot the thirty 3allars, instead of the zeqular cover cnarge ---, thai. was more thar the cover charge, riqi±_2 A. Yes, Q_ 6o the idea �,tas co gay the quy some extra money so that yau could get in? A. Yes. Q. Then you were ab].e to go into the club? A. Yes, sir. Q. And, just in qenera2, what did yon do once you got inside the club? A. Drinking, smoking. Q. And did you ga out on the dance flnor at aii? A. Yes. Q. And did you dance? A. Yes. Q. And did you see and converse, at all, wzth Michael Anderson while you were inside the club? A. Yes, sir. Q. 1flTere you et a same table with him at some point? A. Yes, sir_ Q. And were you payirg for your own c3rinks? A. No, sir. i � 2 3 4 5 G 7 8 9 30 11 12 � i3 14 IS 16 17 rs 19 z0 z� 22 23 � � 25 � o� � �� Q. Wno was paying for your drinks? � A. Michael. S2= p�nd what kind of drinks �aere you having? A. Um, Long Islands and Remy Mariin. `PHL COtiRT: What was that Iast drink, sir? MR. COLEi�i: Remy-Martin TH�' COUhT: Can yau spell it for us? N1R. WF3IT;,DCR: For the record, Your Honor, it's R-E-M-Y and then Martin, M-A-R-T-S-N. THE COURT: Al1 right. MR. WHITI.00R: Not that I know anytYiing about drinking, Your Honor. BY MR. FREEMAN: 4. At approxir�ately 1:10 a.m. that morninq, apparently there was same sort o� fight on the ctance �lOOY'; ].5 ��'lat COYYeCt? A. Yes, sir. Q. Just in general terms, where were you at when this fight on the dance floor got started2 A. On the dance floo'r. Q- And ah, what, if anythinq, did you see with respect to this fiqht2 A. Z saw mysel�' getting jumped. Q. And after you qot 7umpec2, what 2tappene� to � 1 � Z 3 4 5 G 7 S 9 Itl 2I 12 � 13 14 25 S6 17 18 I9 20 21 22 23 � 24 2i s o�- j`� • 32 you spscifically. ➢id you get gunched? A. Yeah, I got punched =roni the s?de. Q. And di3 anyflody 2lse, did any of tne peopl° you cane with get �unched? A. Yes. 4. T �'no was that? A. I'm not sure his name, its one of Michaei's friends. Q. Bnt t];is guy, who was one of Michael's friends, had come with you to the club? A, Yes, sir. ' 4. �nd, he was o�t on the c3anee floor? A. Yes. sir_ Q. And he also qot pu?�ched? A. Yes, sir. i�. An3 what happened after the twp of yau got punched by these other guys? A. We started fiqhting and a quy came and laroke it up. Q. And then what happened? A. They got escorted out and we just leit. 4. When you say, "we just left", who ail left? A. Me, i�iichael and his fr�en�s. 4. So not only you and 2�ichael Aizderson were qoing out of the club, but the other guys that hed come I � 2 3 4 5 6 7 8 9 10 lf 12 � 13 t4 IS r� 17 18 19 20 21 22 23 � 24 25 � o �� 7�l • 33 with yau? A. Yes, sir. Q_ So all o:` you 1e�t ioqetner? A. Yes, sir. 4. And then when you got outsida tha club door, where did you qo? A. To the car. Q- And s�hen you say to the car, do you �aean the same Humvee that yon came to the club in? A. Yes, sir. Q. An� what happened when you got to the Humvee? A. I was going to qet inside. 4- And then what happen�d? A. And then Michae7. pulled a qun out af a compartm2nt in the car, in the Hummez. 4- And then what happened2 A. An3 then, after that, }�e handed it to me and then I donrt remember. And then I came back --- 4• 3ust a minute. He Y:anded you the gun? A_ Yes, sir. �. And what sort of gun was it, �o you remember? A. I�o, A black, well in }he report it said a 9 millimeter. Q. But you remember it was a bl.ack gun? Fi. Yes, sir. 0 S � a 3 � 5 G 7 8 9 t0 11 12 � 13 14 1s 16 17 I$ I9 20 2I 22 23 � 24 25 • 0 C`e—��f • 34 Q. And ah, do you remember, was it a semi automatic p?st-ol that woulfl iire m�re tha� o?�ce? A. Zn the"report 3� saifl it wes, bnt I wasn`t sure, Q- Okay. Now, when Michael Panded you this gun, do you rememaer iP he said anything to you? A. Yes. Q. What? A. He said, "Go air the place out". Q_ What did thet mean to you2 A_ I wa ---, I'm not ---, go shoot. Q- And yon'd just been inside the bar moments earlier; right? A, Yes, sir. 4. So you knew that this was a cros��cled bar witk Iots of people right inside, milling araund? A.. No, sir. 4. We1i when you left the bar, were there still �eople there? A. I'm nat sure, I just ---, when we w2�e leaving, everyane else was leaving_ 4- Okay. But you certainly knew there was still goir.g to be �eople in the bar; right? A. I'm not sure. 4- Well, did you think the bar was closed up for 1 � 2 3 4 � G 7 8 9 10 12 1z � I3 14 I5 16 t7 38 19 2b 21 22 23 � 24 2> ! � �-�� 35 the nzght and everybody 4135 gone? A. I wasn't sUre. Q. Is it tnat you weren't sure, or that you don't reme�rber? A_ I wasn't sure because i was in�oxicated at the time. Q. Okay. P.n� then, you've seen the v?deo that yottr attorney showed you with his computer; riqht? Z3. Yes, sir, Q. And eh, do pou aqree that a man named Steven Kuma �'ail, a 45 year old man, who happened to be in the bar tha� nigh�, died that night? A. No, sir. Q. Wel1, you have read the police regort, yo�a've seen the autopsy. Certair.ly you know that 5t2ven Ruma Fall died at Psnellia�s bar that night? A. Yes. Atter I qot tha autopsy and report. Q. So you agree that that man died? A. Yes. Q_ And having read alZ the police reports and having watche� this video, that your attorney showed you, do you agree that you caused the death of Steven Kumd F'd11? A. Yes. Q. And you caused his death by shoating him � � Z 3 4 5 6 7 8 9 10 11 22 � 13 14 zs 16 17 18 19 2a 21 22 23 � 24 25 � ��°�� 3� ,_3 three times; is that correct? R. Yes. �. You've saen the v?deo and read the police report, so yoL know that Sieven Kuma rall was shot at crirtually paint blank renge. You �*ere �ery close to him when you shot him; is that right? A. From the report? Q. Yes. A. Yes. Q. And to this day you don't know Steven Kuma Fall, do you? A. No. �2. 5o yotz agres that Steven Kuma Fa7.1 d�d nothing to provoke you, did he? A. No, he 3idn't. Q. Do yau agree that when yon point a gun at snmebody, at virtually point blank range, and shoot them three times, they probably may die; riqht? A. ;es. Q. Now, when Michael Anderson handed you that gun and told you to go air the place out, you knew thet what he was handinq you was a real qun. You had every reasan to believe it was a real gun; isn't that true? A. Yes. Q. And you had every reason to bet?eve that the 1 � 2 3 4 5 6 7 8 4 10 �i 12 � 13 I4 15 16 I7 I8 I9 za 2I 22 23 � 24 23 � ��_�� 3� qun was qoing to be loaded and capable of firing; riqht? A_ uo. I c3idn't know what was in the gun. 4. �ut the gun was Ioaded ar_d capable oP ziring because it £ired; - right? A. Yes. Q_ It fi?ed many times, isn't that �rue? A. Yes, from the repprt. Q. After the shoating, what happened next? A. We ieft. 4. How did you, yoursel�, leave the bar? What did you do? A. I gat in the Hununer. g. How did you da that? P.. The door was apen, I got in the Hum�ner after. Q• Did yau run to get in the Humtner, or just vaa1Y casually out to it? A. I run. Q. You ran? A. Ran. Q. And was the Hummer still parked in exactly the same spot it had been, or it ?�ad moved a little bit? A. Tt moved a iittle bit, „ � ��__ • � �' � sa 4- So then, aiter you got in the Hw what happened next? • A• �e k�ent ta a van. 4. Who was driving the Hummer �rhen you got into 1t� � S Z 3 4 � � i � 7 8 9 1U 11 l2 � 13 24 15 16 17 is I4 20 21 22 23 � 24 � A• Michael_ Q• A.�d, approxirscately, where was this �an? Was it in A3inneapolis or Brooklyn Center or where? A. in St. Paul. Q- It was in St. p�u�? A. Yes. 4• Was it a long ways from Arnellia's bar or relatively close or where was S.t? F1- I'm not exactly sure. 4• Okay, bur yQU rode in the Aummer somewhere in St. Paul to this parked van; is that rzght? A. Yes. 4. And then what happened? A. He um, gave me the keys an�i then I got in there and drove. '�• Now, what happene� to the gun after you came out of the bar? �1• M�chas] took it. 4. So you remamber you still had the qun when you got into tne Hummer; is that rigflt? I � Z 3 4 5 6 7 8 9 10 Ii 12 � 13 I4 IS 2G 17 18 14 20 2I 22 23 � 24 as � �v� '� ' F �� 39 A. Xes. Q. And then, when you got in. the van and drave, 4:'�ere �id yau qo? A• TJm, I had a crash place and t?�en S went to, went to meet Mike_ Ar_d he dropped the Hunsrner of� and got in. Q. Do you rememi�er where aaouts you �et Mike? A. Abottt two blocks away from where we picke� �he van up. Q. And then what did �ou do? A. And then we got ir. t�e ven I drove and went to his house. 4. And where was his house then? A. On Glenridge. Q- Rnci so, when you were --- Di� you cirive the van to Mzchael's house with everybody in it then? A. lvo, not as � recall. Q. Did somebody else drive it? A. Yes. Q. So, you were in the van, Michael was in the van and about how many others guys were there? A. About four. Q� Then what ha�pened at Michael's house? A. Nothinq, after that they took me to a hotel. And I stayed there with som2 gir?s. 1 , Z 3 4 5 G � 8 9 1Q li i2 � 13 14 15 1S 17 t8 t9 zo 2I 22 23 � Z4 2� • QA � �`��? � Q_ Do you rerae�ber vahere the hotel was et? A, out the higYzway. Out ihe �iqhway. Q. �hich highway? A. 94. ,�. Ba yau knova i� it wou�.d ha�je been in Minneapolis or St. Paul? A. St. Paul. Q. Then, ultimataly, yau turne� yourself into the police; is that right? A. Yes. Q. And just in genaral, how did that happen? How did you happen to turn yourself into the police? A. I spoke to a couple o� family members ancl they saicl that T was on the news. And so I turned myseif in to the St. Paul Police. Rnd, and um, I tnrned myself in the God Squad. And my family. t�. And now you're here, gleading quilty to aiding and abetting Second Deqzee Murder; is that riqht? A. Yes. g. Naw, your attorney has tflld you that you could qo to trial and have a jury decide your case; riqht? A. Yes. Q. or you couid qo to trial and have the Judge c 1 � Z 3 4 3 6 7 8 9 lo 1I 12 � I3 14 I5 16 17 28 L4 20 21 2z 23 � � 25 � ��`�'��.� • 41 decide yo�3r case. A. Yes_ � Q. And, how do you i.hink tha't case would turn out ir you did go to trial? A. S�SIl i10� 513T$. I hOt St2TQ. Q. Do you think the jury would find you. not guilty? A. I don't know. Q. Well, do you think that if the jury got to see the same video images that your attorney showed you on hzs computer, that thay'd see yau shooting and killing this man at the bar? A. Y25. Q. Don't you think it's fairly likely �hat they woul� convict you? A. Yes. Q. Ss that why you'rs pleading guilty? A. Yes. �,. 5o you know that based on alI the reports an@ the video and everything you kno�� about the case, that you're the man wha pvlled the trigger that killecl Steven Ku!na Fall; is that riqht? A, Yes_ �_ And you're adiaitting now that the jury or the Judge, whoever it was tha� got to see aIl this 1 ri 2 3 4 5 G 7 8 9 10 11 12 � 13 14 15 . i6 17 is 19 2Q 2I 22 23 � � � � ��° e°�� 42 evidence, woulc3 almost certainly find you auilty; is that right? �- Yes. Q. So, yqu agree that you're guilty of this offense? A. Yes. 4- Thank yau, I don'C have any further questions. THE COURT: Please Counsel approach for a mcment please. {��ers upon an off the record discussion was held after which ihe following was had:} SY MR . F'REEMAi3: 4. MR. COLII�? A. Yes. 4• Do you agree that, if a jury were able to see an� hear all the evidence in this case, including the video images, that they wauld conclude tha4 because you shot this man three �imes, at almost point biank ranga, that they would conclude that you intended ta kiil the man? A. Yas. Q- Thank you. THE CpURT: That's sufficient. MR. C�TITLOCK_ Just, can I ask a couple, � r p� i 3 just briefly, Xour Honor? Z iHE COURT: You may. 3 � 5 G 7 8 9 10 u 12 � I3 14 IS 1G 17 is ?9 ?A `J 2I 22 23 24 a 43 BY I`IFZ. U�IHITI.00K: 4- M�_ Coleman, you also agree that, F�hile yot] di�n't kno�� that the gun was iunctional, or not, you assuned, whe*� you got the gun, and he said, "Go air the piace out", that it was goinq to work; right? You di+3n't know for sure, but you assumed that it was goinq to work; right? A. Yes. Q• I mean, Mr., I guess a quick side question, so that the record is absolutely complete, um, Mr_ Anderson is not your real cousin, is he? A_ No, Q- All right. And I don't need to get into a lot vernacular terms that black folks use but, the fact of #k�e matter is that Mr. Anderson is related to your sisters; is that true? A. Yes. �• A-n� um, �e is not blaod lineage to you, but because ha's relata3 to your sisters, you call him your cousin as well; true? A. Yes. �- All right. But he wouldn't have given you that gun and said air the glace out and it didn't work; 1 i Z 3 4 ; G 7 8 s ia II 12 � 13 I4 1� 1G z� 78 19 Za 23 22 23 � � � � 0 �- �27 � � you agree with that? A. Yes. Q. Ali zighi. You were tipsy that niqht Prom the alcohol; fair to say? A. Yes. Q_ But, you certainly assumed that gun was going to wark; right? A. Yes. 4. And again, reiated to this Alfred plaa, there's no question in your mind, based on the evidence that T've shown you, and shared with you, that the State is going to gresent at tr�al, that the jury is gaing to canvict you if, ultzmately, they were able ta review this evidence and deliberate on this evidence in a jury room; do you agree with that? A. Yes. Q. Thay would fincl you guilty; true? A. Yes. p. You clidn�t see P3r. Ruma when you ran into the night club, �hen you re-entered the club that night, did you? A. No. Q_ Ah, I'm sorry, Mr. Kt;ma Fatl but, and you didn't see him when you re-entered the club; right? A. No. , � . ; � � Z 3 d � 6 7 8 s 70 11 12 I � 13 t4 15 LG i7 is 19 ?A - J 21 22 23 24 25 ` p�_�27 � �� 4- Bat, and as quick as it was, you saw yourself shoo't and jerk away; true? A_ Y25. 4. Now, we don't see his image in the video we were not able to show you the entry way o{ the, Arnellia's N?ght Club, but you understand, based on the re�ort, that he was not very far fram you; true? A• True, yes. �• So You didn't see him or anybody else around him, but you know, based on the reports an@ based on what you saw in the digital vidao, that you were the one who pulled the trigger and that police, and the ambnlance came to the scene, police afficers and Mr. Kuma Fail u3timately died as a result of the three gun shot wounds; true? A. Yes. Q. There's no question in your mind that yau are tha one who caused that; true? A. Yes. 4• You dan't think that after you left and got i.nto the Aumvae tha� somebody else went in the club an3 shot, do you? A_ No. 4. All right. Gvhat seat wera you sitting in, in the Hum;;ee? � � Z 3 4 5 G 7 g 9 IO 1. I2 � 13 I4 IS 1G 17 I8 24 zo � z� 22 23 i o� � .� A. On ah, at --- Q• At both,�oints, before y�u got the gun, 2e't's sta? there, When you first go't into the, when you were asked Lo leave the night ciub and you got into the I3u7nvee� what seat were you sitting in? A. The front. Q- And when you came bac� after the shooting happenet3, you ran out and you were able to see your dzgiLal, the digital imaqa of you running out of the night cluh aPter the shooting; true? A• Yes, sir. Q. You ran over a snow bank anct kind of into the street. So maybe the Humvee was in the street, we clon't know thouqh, we didn't see �t; true? What ssat �id you get in w�en you left the club the second time? A. The back. Q• Okay. All right_ Samebody else had qotten in the front seat? A. Yes, sir. 4. All rigkst, I have nothing fnrther, Your Aonor. TAE COI7RT: Anything further, Mr. Freeman_ z � MR. FREEMAN: No, Your Honor. Z ' 2�1R. WHITLOCR: One lasi one, Judge. I � f 1 I # 2 3 4 5 6 7 8 9 TQ lI 12 � 73 14 15 1G 17 18 19 ?A 21 22 23 � 24 25 � 00 �� 47 really apoloqize. B1' MR. WHITLOCK: � Q• Mr. Cole�.nan, we kind o= skipped over this, but T va?nted to ask this last guestion. You know that You wau3d have a right ta that 12 persor. jury trial, T showed you those seats sittinq behind Mr. Freeman; right? A. Yes. 4• And you know that ail of those 12 jurors woulr3 have to find yau guilty, unanzmous3y if they were to cor.vzct you in this case; do you understand that? A. Yes. Q• Couldn't be 11 that would decicte, not guilty, and one would decide, guilty. Thet would be what we call a hun4 7urY% �'ighC? A. Yes. g. I've explained thflse things to you, what all o� that means; is that right? A. Yes. 4- And you unc3erstand that al.l 12 of those jurors woulc3 have ta �ind you guzlty, unanimously? A. Yes. L- Any guestions about that? A. No, si.r. 4. Nle cal�inq witnesses on your behalf; any 1 � Z 3 4 5 6 7 8 9 10 i2 S2 � I3 14 15 16 13 18 }9 20 2i 22 23 . � 2� � o �! 9 �� 4$ questians about that? A. No, sir. t�. Ai1 riqnt. I e`.hink that's sufficientr Your �OnOr. MR, 'rREEM.�1N: Your Honor. PHE COURT: Yes. MR. �'REEMAt3: 3ust a faw more q�estions_ THE COi)RT: Okay. BY bSR. FREES�SAt3: Q. Mr. Coleman, Mr. Whitlock, your attorney hera, has obviously discussed the Blakely Case with you, that has to do with sentencinq departures; is that right? A. Yes, sir. Q. Ard you un3erstan3 that yau've given up your right to a jury trial on the issue of your guilty, by coming in here and a�nitt�ng t;�at yau're guilty; right? A. Yes. Q. B�:t you still have the riqht to a jury trial on any aggravating factors that the 5tate may wislz to shaw. And this will ba a Iater hearing and the subject of legal argument by your attosney and by myself, and that wi1l �e determined later; riqht? A. Yes. r�. Thank you. I don't have any further � �' „ ( 1 � 2 3 4 5 6 7 8 9 10 li 12 � 13 I4 1> IG 17 18 I9 20 2I 22 23 � 24 ZS # �� questions. i «� T?IE CoiR?`: Just so that I'm absolu�ely certain, Mr. Cales¢�n, you beliave, based apon ihe evidence that yourvs seen and has been shown to you by your aitarney, Mr. Whitlock, inclu�ina_ t?:e video tapes or tha video CD's and all af the reports, that you would be convictect of Nfurder in the Secon� Degree with intent; is that right? MR. COI,FMAN: 1'�s. THE COIIRT: Al1 right. THE CO;JRm: Mr_ Coieman, based on your plea of guilty, on the plea petition in this case and on the testimany on tha recpr�, I am, at this time, going to accept your pLea of guilty. An� I'm going to reserve a3judica�ion of guilt until the time of sentenCing. S'm going to set sentencing in this matter for November the 5 of --- MR. WHITLOCK: Excuse �ne, may we approach? was he3dl THE COURT: Sure. SWhere upon an of� the recor3 si3e bar THE COTJRT: I�m goir.g to set sentencing on for December the IO� of 2Q04, that is a Friday. We're going to do it in the afternoon, however. At ` �' rt. 1 � 2 3 6 i 6 7 B 9 10 lI 12 � 23 14 15 IG 17 1s i4 2{� � z� 22 23 24 25 � m � F Y � � b � ,� sa >_ 1:30 in the affisrnoon. Ir. the meantime, I'm gaing tc order tnat a pre-sen:ence investigation be conducted in this a�atLer. And you are ordere� �o cooperate wii,h probatzon and get tnat pre-seatence investigation done ?n a timely manner. And af co3rse, what 1�o �n this case is goinq to depend on the pre-sentence investigation. It's go�nq to depen� upon the 1aw. It's going to depend upon the Blakely decision. I�'s going fio depen� upon a lot af things, I3r. Coleman. Do you understand that? 3�iR. CQLFMAN: YBSr 57T. THE COURT: But one of the things that it's going ta deperd upon is how cooperative you are; do you understand that? MR_ COI,FM_Ai+i= Yes, sir. TH� COtIRT: All r�ght. So you make sure, you make s�re that you ccoperate with probation ar_d get that pre-sentence investigatian done in a timely maaner. Z'm also sp2cifically goinq to ask probation to �o a psychoiogical workup with regard to Mr. Coleman, as additionaJ. infarr{ata.on with regar� to sentencinq. Anythinq further that either Counsel think needs to be done as part of a pre-sentence �.nvestigatian? MR. WHITLOGK: Yaur Aonor, I wili teil 3 i 2 3 � i G 7 8 9 ID 11 12 � 13 I4 i$ 16 17 18 19 20 23 22 Y�3 i 2� 25 � �� the Coart that I was planning to do a psychological, have a psycholoqical eva3.. done on Mr_ Coleman for purposes of sentencinq. I appreciate"the Court ordering that_ S woulcl anly ask leave of the Coart, ii factors i�e receive� _fram the psycho'•ogical 2va1. if we need further informaCion that I be allowed some time to pursue that. But ---- THE COIIRT: can so mave, Mr_ YJhitlock. MR. WHITT,OC THE COtTRT : Ii it becomes necessary, you K: Thank you. Anything further, Mr. Fzeeman? MR. FREEhSILN: No, Your Honor. THE COURT: All right. MR. WHITLOC�: I know that the Ccurt is aware that I'm planninq to call some witnesses �a speak o� behalf of ;�r. Colenan. And I knok� "hat's why you set it on for the afternoon. I just wanted to make that remin�er, on Lhe record. THE COURT: Yes, That is why T set �t on for the afternoon_ Anything Purther £rom either party? MR_ EREEhiAN: i�othir.q, Your Hoi�or. THE COURT: All right. Mr. Coleman, I'il see you aqain on December the Iptn ry � r r l ` 1 � Z 3 4 5 G 7 8 9 10 11 12 � I3 14 1S 1G 17 28 I9 20 2I 22 23 � � 25 � ��m��.� ! � . MR. CaLEMA1�T: Yes. Sir. TRs. CCURT; AlI ri.ght. (Where upon the Cour� was adjourned� JZ (� OFFICE OF TF� G'ITY ATTORNEY lA v ` m° '� �f �f 7ohn J. choi, CityAttarneyl CITY OF SAINT PAUL crv;rr�;.s;�n ChrirtopfiaB. Colemmi, Mayor � 400 CiryHaI1 IS IYestKeIIoggBHd - Sa'm1 Pau� Mfnnesota 55102 i March 9, 2006 NOTICE OF VIOLATTON Owner/Manager Arnellia's 1183 UniversityAvenue West St. Paul, MN 55104 Telephone: 657 26�8770 Fars'vnile: 6512985679 RE: All Licenses held by Metro Bar & Grill, Inc. d/b/a Arnellia's far the premises located at 1183 University Avenue West in Saint Paul. License ID #0054523 Dear Sir/Madam: The Office of License, Inspections and Environmental Protection has recommended adverse acfion against all the licenses held by Metro Bar & Grill, Inc. d/b/a Arnellia's for the premises located at 1183 Unive"rsityAvenue West in Saint Paul. The basis for the adverse actiou— is as follows: On the evening of February 20; 2004, a patron who had been iu your bar was shot to death by another patron following a fight in the bar (CN #04032295). The patiron responsible for the shooting was a minor. You allowed him to enter the bar in violation of one of your license conditions. Condition # 2 states the following: "Adherence of Strict Identification Requirements: Arnellia's will require proper identification from anyone who appears to be younger than 30 years old. Those without proper identification shall be denied entrance." The surveillance tapes from that night show the minor enter the bar and his ID was checked. The minor then steps to the side and an exchange of money takes place between bar staff and a person who eame into the bar with the minor. This takes place jnst inside the entrance to the bar. Moments later, the tape shows a discussion and then the minor is allowed to enter the bar. In addition, the minor admitted to the police that he was allowed inside the bar in exchange for $30.00. The minor also admitted to police that he was bought several drinks during the course of the evening and was very drunk at the time he left the bar to get the gun. AA-ADA-EEO Employer - - Amellia's Mazch 9, 2006 Page 2 0��"'� % ; Due to the fact that the violation of the license condition resulted in a patron's death, the licensing office is recommending a$2,000 fine and a 60 day closure of your establishment. At tt�is time you have two options on how to proceed: If you wish to fiaue a public hearing before the Saint Paul City Council, you will need to send me a letter with a statement admitting the facts and requesting a public hearing. We wiil need to receive your letter by Monday,lVlarch 20, 2006. The matter wi]1 then be scheduled before the City Council for a public hearing to deteruiine whether to impose the fine and 60 day closure. You will have an opportunity to appear before the Council and make a statement on your own behalf. 2. If you dispute the above facts, you can request a hearing before an Admuustrative Law 7udge. At that hearing both you and the Cily will be able to appear and present witnesses, evidence and cross-examiue the other's witnesses. The St. Paul City Council will ultimately deczde the case. If this is your choice, please advise me by Monday, � March 20, 2006, and I will take the necessary steps to schedule the adminish hearing. If I have not heard from you by that, date, I will assume that you do not contest the imposition of the fine and 60 day closure of your establishment. Please feel free to contact me if you haue any questions at (651) 266-8710. Sincerely, l � el Gunderso Assistant City Atforn y cc: Cluistine Rozek, Deputy Director of LIEP Arnellia Al1en, 1595 Sandhurst Drive East, Maplewood, MN 55109 7un-Li Wang, Community Organizer, Hamliue Midway Coalition, 1564 Lafond Avenue St. Paul, MN 55104-1832 AA-ADA-EEO Employer �� A 4 � STATE OF MINNESOTA) ) ss. COUNTY OF RAMSEY ) AFFIDAVIT OF SERVICE BY U.S. MAII. JCTLIE KRAUS, being first duly swom, deposes and says that on March 10, 2006, she served the attached NOTICE OF VIOLATION by placing a true and correct copy thereof in an envelope addressed as follows: OwnerlManager Amellia's 1183 Universiry Avenue West St. Paui, MN 55104 Arnellia Allen 1595 Sandhurst Drive East Maplewood, MN 55109 Jun-Li Wang, Community Organizer Hamline Midway Coalition 1564 I,afond Avenue St. Paul, MN 55104-1832 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. Subscribed and sworn to before me this 10�' day of March, 2006 � Not Public RiTA M. BOSSI�RD NDTARYPUBLIC-MiNt�SOTA MY COMMISSION .c� EXPiRESJAN.31.2070 AUG. 3.2006 S:OOPN . , WILLIAM LEO TIITON"� 6EORGE R, Ot1NN" MICXAE� J• GRO55• KENNETN 6.TLSEN as CouxsE�• Tiltoo&Dunn Tz�,xorr & Duxzv, P.L.L.P. ATTORNEYS AT LAW E220 US BANK CENTER 101 isST F�FTX ST0.EET ST. �aUL, MINNESOTA55101 l6517 224-16C1 FAX (B51) 22a0239 August 3, 2006 N0. 198� P. 2 � `�`� ° � � � �; •aLS�ADMtTTEO (N WISCONSIN �-q�,50 ADMITTED IN MA534GMVSETTS *CI�IL TFUJ. 9PECIAI�ST. CfRTiFIED BY MINN'c50TA STATE BAR 45SOCIATtCN 'ALSOMMIT[E� IN ILLINOIS VIAFACSTMILE (651129S-S6A9 Rachel Gundexson, Ass't City Attorney City of St. Paul Office of City Attozney - Civil Division 400 City Hall 15 WestKelloggBoulevard St, Paul, Minnesota 55102 Re; Metro Saz & Grill, Tnc., d!b/a Amellia's Deaz Ms. Gunderson: In response to youc tast letter, we zequest a heuing with the City Council. Please conCaot me as to the earliest possible mntually-agreeable dates and regarding anticipated pzocedure and evenfs at that heazing, I lo fonv to hearin� from you. ours v truly, � � G� � illiam L. Tihon WLT/1� ee: Ms. Ainellia Allen Mr. Je�iY rlilen RUG-03-2006 17�22 6512240239 96i Q•� J d�-�a7 TzLTOx & DuNV, P.L.L.P. ATTORNEYS AT LAW 222C US BANK CENTER 101 u.45T PIFTX STREET 5�. PAUL, MINNESOTA 55�01 WILLIAM L. TILTON'� GEORGE R. OUNN•" MtCHAEL J. GRO55• KAREN M.MAN�ELBAUM KENNETH E.TILScN OF COUNSE� (651) 22a_�68� FAX 1650 224-0239 October 3, 2006 'AL50 ADMii(E� IN WISCONSIN "AL50 ADMITTE� IN MPSSACNUSETTS "AL50 PDMI i"fED IN NEW YORK �ALSOADMIRED IN ILLINOIS �CIVIL TRIA� SPECIALIST, CE4TIFIED BY MtNNE50TA STATE 8AR ASSOCIATION VIA MESSENGER Rachel Gunderson, Ass't City Attorney Ciry of St. Paul OfFce of City Attorney - Civil Division 400 City Hall I S West Kellogg Boulevazd St. Paul, Minnesota 55102 Re: Metro Bar & Grill, Inc., d/b/a Arnellia's Deaz Ms. Gunderson: In preparation for the hearing tomorrow for Arnellia's please let me make a few brief written comments and enclose some materials for the City Council. We wili supplement this with other comments and possibly more materials at the time of the heazing. It is my assumption that your office wiil be able to distribute this letter and the enclosed materials to the City Council members today. Tf that is incorrect, please let me know. I will have my office provide ten copies of all materials in order to make the distribution task easier. Your proposed Resolution states in part "the licensee has not contested the ailegation." This statement is misleading and incorrect if it is interpreted to include "the facts contained in the March 9, 2006 Notice o£ Vioiation" as recited later in the Resoiution. ArnelIia's strongly contests most of the allegations in that March 9, 20061etter. See my letters of Apri15, 2006 and June 30, 2006, enclosed. This includes in particular a denial that any bribe occurred, as claimed in the March 9, 20061etter. In fact, no bribe occurred and the City has no reliable evidence to support such a claim, as explained in more detail in my own letters, attached. The only fact which Arnellia's do�s not contest is that a minor somehow weaseled his way into the club, appazendy with a fake ID. And, for purposes of the plea bargain which we have fashioned in order for Amellia's to avoid an expensive Administrative Law Hearing, Arnellia's has agreed to not contest Licensing's allegation that the minor consumed liquor while he was in the club; at the same time I must note Arnellia's position that there is no evidence of drinking by the murderar from the many video cameras recording that evening, and the only `evidence' of the murderer's drinking is his own testimony, which is unworthy of respect for many reasons, as outlined in my attached letters. ��m�� : Rachel Gimderson, Ass't City Attomey October 3, 2006 Re: Metro Baz & Grill, Inc., d/b/a Amellia's Page 2 As for the penalty proposed by Licensing, I was a bit surprised that no mention was made by Licensing to the City Council of the rele��ance of the "Matrix" or "presumptive penalties" for licensing offenses as contained in St. Paul Legislative Code Section 409.26. From the time when this offense occurred continuing to the present I have heard (officially from people within the City as well as informally) that Licensing's actions here were constrained by this Matrix in the Legislative Code. Therefore, it had been my assumption that when LIEP asked for a penalty of 60 days suspension and a$2,000 fine, it was doing so because that's what the Code called for. To my surprise, this is very much not what the Code ca11s for. It appears the Code treats a baz's history much like one's driving record is treated by the Department of Public Safety — if one's record is clean long enough, old incidents are deemed by the law to become irrelevant for punisl�ment purposes. That is the case here. Prior to this adruission of a minor, Amellia's record had been cleaz of offenses for long enough that the Code states that the club is to be treated as a"first appearance." See, e.g., Sec. 409.26 (e) Computation af time (4). According to the City of St. Paul Legislative Code, this offense to which Arnellia's has agreed to plead (in order to avoid an expensive ALJ Hearing) calls for a fine of $1,000 only. See Code Sec. 409.26 (b). In contrast, the penalty sought by LIEP is the maximum penalty which the City can impose on a licensee short of outright license revocation. I was disappointed to learn that LIEP has recommended such a drastic departure from the presumptive penalties in the Code without mentioning that fact. The Code further provides These penalties are presumed to be appropriate for every case; however the council may deviate therefrom in an individual case where the council finds and determines that there exist substantial and compelling reasons making it more appropriate to do so. When deviating from these standards, the council shall provide written reasons that specify why tLe penalty selected was more appropriate. Code Sec. 409.26 (a) Purpose. Emphasis added This sort of "substantial and compelling reasons" do not exist. The fact that the minor later committed a criminal act should not be relevant here; or else the City should presumably be tracing back every minor consumption or DUI offender for purposes of penalizing a baz where the minor had been, a practice which does not occur. In fact, there are many substantial and compelling reasons why the Ciiy Council should not depart from its Matrix guidelines in this case. In fact, it was Arnellia's good secwity (including the frisking of this minor and all customers that night; plus the metal detector) which kept any weapon out of the baz that night. As soon as there was a petty disagreement on the dance floor, the bad guys were immediately ejected (and they left without obvious ire and without showing any signs of intoxication). The shooting then happened so rapidly that no one could have ��_�.;,°� .s Rachel Gunderson, Ass't City Attomey October 3, 2006 Re: Metro Baz & Grill, Inc., d/b!a Amellia's Page 3 stopped it, and a�ain the weapon did not go past the metal detector (in fact, the metal detector has two bullet holes in it, placed from the shooter being outside the baz). Immediately after this event Arne2lia's called the Mayor, the Chief of Police, LIEP, the City Attomeq's Office and everyone else we could think of to offer our assistance. All employees and patrons of Arnellia's cooperated with the police, and Arnellia Allen and Jerry Allen testified at the triaI of Michael Anderson, despite the obvious danger from heIping in the prosecution of someone proven to resort to murder against his perceived enemies. The muzderer would not have been cau�ht but for this cooperation and the high quality video equipment which had recently been installed by Arnellia's without being ordered to do so. IT was Arnellia Allen and her assistant 7ackie Hicks who immediately sought out and met with the family of the murdared man, Stephen Kuma Ful. It was Amellia Allen who started and made the largest contribution to the Stephen Kuma Fu! Memorial Fund. Arnellia's subsequently hosted and attended several community meetings in an effort to understand and preo a recurrence of what happened. Shortly after these events, Amellia's was presented with an attempt at extortion, wherein a relative of the shooter threatened that the shooter would make a claim that the shooter was admitted to the bar via a bribe, unless Arnellia's paid $60,000 to the shooter's family. Not only did Arnellia refuse to consider such an action, we immediately reported the event to the police. Arneliia's may have had a rocky start when she moved to her present location in the mid-90s, but since then has made an extraordinary effort to ensure that her club is run safely, legally and with the interests of the community in mind. Arnellia's has no desire to admit minors. In fact, on her own she once instituted a policy to not admit anyone under 25 yeazs of age, but was told by the City's Human Rights Department that she could not so discriminate. In fact, there aze many "substantial and compelling" reasons why the City Council should not depart from the Matrix guidelines here, from sentiments such as in the enclosed February 25, 2004 letter from Claire O' Connor of the Hamline Midway Coalition, to the state-of-the-art digital cameras installed at Arnellia's on her own volition, to the unique role this club plays in the music culture of the region, to the unique role this club plays as a community center for a substantial part of the St. Pau1 and regional community, and more. Citizens will attend the October 4, 2006 hearing in support of Arnellia's. A limited number of them will have short verbal statements for the benefit of the Council. Thank you for your cooperation in this matter, Please call if you have any questions. Yours very truly, �IX/G ��"t- William L. Tilton � WL� Enclosures ��—��a ;� For more inforrnation cantact: � � 4 . , _ � ` Ms. 7ackie Hic'�s Arneliia's l�lanage; (612) 723-�691,or Rev. Elder Devin bliller — God Squad (651)276-4293 For immediate Release Februa 24, 2004 Arnellia's and the community speak out against violence and offer to assist the family of viclam Stephen Kuma Ful. Members of the commur;iry, including the management and owner of t�rnellia's, affer their sincere condolences to the family of Stephen Kutna Ful, the man who was shot and killed at the establishment on Thursday night. NIs. Jackie Hic.�cs, manager of the estabIishment, stated Yhat the ciub and the communiiy are establishing a commnnity fund to help defray any costs incurred by Mr. Ful's family because of ti�is event. "This is our way of honoring a patron of our business who was killed for no reason. Furtber, we want to continue to be a place foz the community" NIs. I�icks stated That it was unfortunate that au innocent bystander was gunned down at the establiskunent, but emphasized that the nightclnb was and continues to be in compliance with every safety procedure that is required by the City, and more. Rev. Elder Devin Miller, Rev. Darryl Spence, and other members of the God Squad are working with the club to ensure that thz community is involved in this community proactive effort. Othex community members have sent in letters of suppozt statiug what the business means to the community, and patrons have continued to fill the nightclub in full su�port of Arnellia. Arneilia's is a first-generarion, African =American female-owned business. For tllose who would like to support the community fund for NEr_ Ful, they are e:�couraged to stop by Arneilia's duzing business nours. Any amount will'oe appreciated. In the altemative, donations aze being accepted at: Siephen Kuma Ful Memorial Pund % Western Bank 663 Univezsity Avenue Si. Paul, MN SSIfl4-4897 �� ' ! �S fio� .�,Ut'SY "ND bV�'r4K1NFflRB4EDAGAINST iISSHALLPRDSPIIZ" 990 Pn� Av�'vo� SAIlVT PA�,, Mirm 55101 &ev. Eldec Devm Nfi7jc Pro]ea Plaaaer Rev. buryf Spmce, Sr. AsssfanL YtojeQ Y7am1a Dear Community Perso� On behalf of the Stephen Kuzna Fui Family and The GOD Squad, we would like to tbank you for yovr generous donation to the iUiemorial Fund in ais name. Thanks to you and others in the community, including businesses, we wese able to raise $3940 55 which was used to send Mr. �ut fiome to his na�ve land of Cameroo� Africa. FinaTly, if you would lzke to �ve to our community organszation which works on the behaif cr those who cannot seem to find answers to Iife's pzoblems as they pertain to uaaedy or misc�nderstaadings within the justice system, aud be their bridge to those answers, it wouid be greatIy appreciated. Nlay Crod bless you for the giving of yourself in tius tanb bie way. Sincerely, %�� -� � Rev. E1der evtn ler Project Plauaer � � � :� �; � � ��1�lR-� �� [AMI.INE MIDWAY COALITION &amline Park Building � 15b� La,`ond Avenue, Saint Patil, �T 5519? � 6S1-b46-1986 � Eax 651-64i�123 ��il @gofastae[ Febrau'y 25, 2004 Councilmember Jay Benanav Room 310 D City Ha11 15 W. Kellogue Boulevazd St. Paul, NIN 55102 Dear Councilmember Benanav; I'ou are aware of the trab c and fatal shooting on Friday, Febrnary 13, 2004 in Arneilia's Bar. You will also Irnow that over the past few years, Ameilia's owner and managez, in respanse to community concerns, undertook measures to reduce violence in the bar and pazking lot. These measures inclnded installation of a metal detector, workin�, `loaded'. cameras in the bar and parking 1ot, light levels sufficient for filming and a poJicy of `bouncing' problem patrons. Although we Iook forward to the results of the current investigation, as fu as we kaow, staff at Arnellia's took appropriate steps and aI1 equipment was working well, We l�ow that you agree that Arnellia's is an important asset for the Hamline Midway and surrounding neighborhoods, the African American community aud as a major music vencie, the entire metzo area. To date, we have received only one negative comment - forward to us from yoiu office. On the other hand, 3 H-NI residents (in attendance at two recent gatherings at Amellia's) commented on its valae to the nezghborhood and confidence in its managemenY. We 'wiIl, however, continue to monitor the situation. Should more negative concems emezge, we will convene a community meeting to which you will be invited. Sincerely C� v _ _ r � Claire O'Connor Executive D"zrector cc. An:ellia AlIen, Jackie I�icks (owner and manager Amellia's Bar) Dedic¢ted to mr,�king the Hamline Midway neighborhoad a better place to dive and work. �� 1�1��.� TzzTOV & Di.rV�r, P.L.L.P. ATCRNEYS AT L4W 'MLL!nM I �O?ILiCN•' �ORGZ i. OtfNN" MiCHAELJ.GR055• KENNE-i �.i:�SEN Cf COOxSE!' 2?20 L'S 3ANK C�YfER iCt EP,S; Ft�'.i SRE= S.. ?qUL� MlNNESCT.A SS�O1 :65i) 225->E2� : qX f65i1 22a-0239 Apri15, 2006 Rachel Gunderson, Assistant Ciry Attorney City of St. PauI Of£ice of City Attorney - Civil Division 4Q0 City Hall 15 West Kelloaa Blvd. St. Paul, NN 5510� ��mk=`;�°? 'ALSC A�MI^£p !N WISGOY<iN "AL50 ACMiTiEJ IN MASAC4l.5-'�= ' C: VIL iR1AL SFC�iALIST, C« � fFiE� 3Y MI NNcSCfA SiAi c 3AH .L450CIATICN •AISG AoMtT] 11 ;Lt;NC15 Vra T�csrnr�,�: �1Z556-3118 Re: All Licenses Held bp Metro Bar & Crri11, Inc., d(61a Arnellia's 1 i 83 Univexszty Avenue West, St. Paul, NIN License ID No.: Od54523 SettAement Dzscussion Dear Ms. Gunderson: Per our conversation on l�ionday, March 27, thank you far your agzeement to give me some additional time in which to fashion a written response on behalf of Arnellia's to your :l�Iarch 9, 2006 letter. As we discussed Iast week, I left rhe State of Minnesota on ivlarch 9, 2006 and just retumed to the o�ce on March 27 to an alzeady full piate. There£are, I have had limited oppox�tunity to spealc with my ciient regarding your March 9, 2Q06 \TOtzce of Violation letter and ttie compiexicy of facts involved in this matter. However, based upon that limited consultation, upon my review of file materials and upon our own conversation on March 27, I have gained faith that some d'zalowe between us can narrow if not resolve any major misunderstandings or issues between our cliexits, Aznellia's and LIEP, So, thanks again for your exte.nsioxi of time enabling us to get that dialogue �oing. Preliminari2y, it appears that it would be necessary to get a bit snore infornation from authorzties in order for Arnellaa's to be able to analyze the "two options on how to proceed" which you proffer in your letter. Four issues come to mind. First, a procedurat clar_'ficarion -- if v�e werz to choose to present tfiis matter to an Administrative Law Judge preiuninazity, is if your position that rhe AL7 wozzlci simpiy �nake findings as to £actual disputes, oz would the ALJ also make a decision / recommendation as to sanctions that sbould be taken, assuming a violation is found? And to what eYtent would the City Council be bound by either an ALr Finding of Fact er recommen�afion for sanction? Second you and I agreed to en�age in some diaioQue and xewrztino in order to see if we can find a mutually a�reeable statement of facts, in orde: to avoid the need for a contested case hearing for disagzeements over what �azght be side assues. Tlurd, assuming arouendo that Arneilia's were to admit that a violation by Arneliia's occurred by zeasoxi ��m ��`� Leker?n Ass;stant Ciry Attomey Kache: Gunde:son Anr.i �, 2006 Re: Ali Licenses $e?d bv Yie�o Bar & Griil, Inc., dlbfa Arnellia's p� ; of service to the sninor Galvin Coiemar, is your c?ient wiiling to engage in some dialogue on alternative narricul�rs of its proposed�sanction? Fourth, of course Arnellia's needs access to i�rormation in the hands o� eove:nmeat reaarding this matter in order to proper2y understand and address the issues presente3 by LIEP. � As to the second issue, ihe recitation of facs, in ot:r �iarch 27 conversation we bo�h volunteered that our clients would prefer to avoid an AL7 hearing -- wiuch undoubtedly could be iong, e;cpensive and cantentious and maybe fruitless -- to the estent any hearing would be a fight over alleaations of `facts' whici� �night not be reievant to the core issue at hand. I understood from you that the core issue here is whether AzneIlia's comttutted a violation by its treatment o£ the minor. Z responded that I thou�ht it might be possible to scribe a factual statement which meets that goal aad whicu may be agreeable to Arneitia s, but that the recitation of facts proposzd in the vlarch 9letter contains many other claims (e.g., Mr. Coleman's allegation ofa bribe) which are not essen#ial to tize core quesiion, i.e. �vhich are uitimately side-issues, but which Arnellia's would hot�y contest for multiple reasons beyond the siznple question of a violation. We agreed tkat it made no sense to have a contentious Adznizustraizve Law 7udge hearing over such side- issues. Thexefore you a�reed to take ar.other stab at a recztation of facts afte: receivin� something from me on these zssues and in response to your ietter. It seems we may be in agreement over the core issues. Arneliia's agrees/does not dispu#e that a minor, Mr. Galvin Coleman, was e9ven admittance to Arnellia's the evenin� of Feb. 19-30, 2004; that he was pezmitted to go about the bar as if he was over 21; that tkais same minor and a few others 1eft the bar foilowing a brief argument or corzfrontation (not a fighf) on the dance floor (which dispute did not involve the minor); that the member of Colemarz's � oup who'd been involved in the arguing was ejected and the entire �oup was calmly escorted from the c1ua; after this �oup was escorted to the outdoors and went to theiz vehicles wzthout apparent incident ox ire, the minor suddenly ran back to tbe baz entzance and shot several times into the bar, murdezing an innocent patron who had just walked in the door. I do xiot have the appticable regulation/law in front of ine {ar,d I azn not sure which law or statute or other code is applicable here — can you teIl me?), but I surniise tlzat these facts may make a prima facie case that a violation occurred. What do you think? If so I believe an ALJ he� about what happened is unnecessary, since we would apparently be in a�reement as to the essential facts. Tn contrast, Arnellia's disagrees and strongly disputes other statements contained in the proposed recital of fac*s and would be compelled to fi�hT k�ard agaanst any such claims, foz wh�ch we thia'�c the evic�ence is ttun af best or vizCualiy absent, which we believe to likely be untrue and unsunporte� by substantial facts on the record, and on which we think LIEP wouid lose if this were to go to hearing_ Additioxially, and importandy, it appears that these hotly-dispuied itenas are side-issues to the core questior_ anyway; aad in that case any ALJ hearin�s would end up being s�zperflaous no matCer who was to pzevaii on any of these issues. ��^� �� ,� m.. I.ti�u to 2„sistant City A:torney Rac'�e: Gunde�on Apr:i 5, 2006 Re: �ii Licenses He;d bv Yie�o Bar & Grill, inc., e/4sfa Araellia's p� : For example, t�e preseut praroo�ed stae�eat of acts states fhat on "February 20 200�'., a pa**on w�o i+ad beea in your baz was snot to death by another patron followino a fi�t in the baz. ...' Stating the pauon "had'eeen ui' :he baz sue�ests that the murder happened a$er the paa�on ?efi ��he bar. I�. facL that pa�on i3ad jvst arrived; in fact he was the polite =uy who opeaed the extarior door so the muzderer and his �oup could exit the building. At that time no anger or threat was displayed toward him oz anyone eise by the mnrderer or his �roup. The statement that the patron was �`shot to death by another person followina a 5�ht in the bar" sug�ests several thuzgs which would be inconect. t1s I understand it there was not a"fight in ttie baz." i don t think there was any fight at a11; rathe: there was an exchange of words between two customers, one of which was in the minor's group, which did not involve the minor and the partaes were separated quickiy and successfully widiout any 5�ht. The first parag! of the statement also suQgests tbat the murder happened in the baz, which implies both that a �un was permitted into Arneilia's and that security failed to moritor and exercise reasonable cantrol over tha behavior of its patrons in the bar, ieading to the murdez. Both implicatiotts are untrue. I can tell by the final para�aph that you did not mean to iznpiy a11 that, but just in case there's any misunderstanding, I'd like to point out several facts to Tne contrary. I believe that t�'�e surveallance cameras e�ibit ttiat a11 patrons enteting Ar.iellia's Lhat evening were, as usuai, made to go through a metal detector and wexe subject to further search where warranted. No �n was secreted into At�nellia's — because Amellia's diiigence and security measuzes prevented it; xather, it is my understanding that the mnrdexex was seen by independent witness to be handed the gun outside the club, from a car oxi the street. Z e., Arnellia's secuzity measures seem to have effectively prevented that gun from being in the club wnen the a oup arrived earlier Sn the evening. And when the group was escorted out of tYae clnb 3t was cooperative and non-vioient, did noi make firreats and acted in a civil manner to Mr. Ful and others. This murder did rot arise out of a foreseeable but uncontrolled disruption by patrons in the club, something which arguably might be a licensee's obligation to prevent. Rather this was a near instantaneous action, not to be predicted by the man's earlier behavior, and coutd not have bean prevented by any reasonable security measures, as the murdexer ran up to the door without wasning and did his shooting into the eiub from outside the metal d: tector and security �uard area. Heck, even the presence of a St. Paul Police Officer just a few feet from the murder couidn't prevent it from happening. Ther the secon� and third paragraphs of the proposed facts recite allegations that the murderer gained admittance by way of a$30 bribe, rather than by presentation of a phoney or misu.*�dezsiood TD; that the bribe supposedly is shown on a surveillance tape; and that fhe ninor then got very c�sunk before coznmitting the znurder. For mnitipie :easons outlined be2ow, we dispute these ciauns and believe #hat LiEP would fail to prove them if this were tQ go to a �le3YlIla. VZy clizni's employees strongly deny that ar.y'�ribe occurred. And we believe that this denial is supported by the surveillance tapes. We nave seen the video and b�lieve it does not show evicience of a br'ne. To t�'�e conttary, as your recitation poinis out, the surveillanee tape cleaziy shows that the sec-,z.*iry guard checked the zninor s ID. It shows the minor/murderer Gaivin � ` � �` FO a � � I.:.:ter to Ass3staat Ciry 4ttomey Rache3 Gunderson Apri15, 2006 Re: All Lice:,ses Held b� Yfeu'o Bar & Grill, Ir.c., d/b/a Amellia's p� � Coleman aoina through the same process as othe: cus.omers, i. e. ; being stoppe3 and examined by 9.he securitv Quara the pa�ron handing to the ward (or'�ioidin� up wi� the guard) his ID whic'� was viewed with �he aid of a flasiiliaht (�e ID itself is noc visib2e on came:a as it is blocked bv someone's �aead}. Thea ttze minar is admitted. The ca�neras show that a different pe:son (pzes•�nably he is pan of the minor's �oup, perhaps l2ichael Anderson, but i don't recail for sure) later has a brief ea�y-way conversation wiTh a memoer of Arnellia's stafi. But we do not agree that the tapes show any exchaage of money other than occasionalIy showina peopie properiy paying thelr admission charge. Ia any case, if I remember correcdv, Gaivu� Coleman's entry fee had already been paid at the door and this dialon e in �he entry-way occurred after Galvin Coleman was already ID' d and admitted to the ciub, not before his admission as suagested in the Nfarch 9 letter and as you' d expect to occur i�r a bribe tivere taking place. AznelIia's believes rhat the minor/murdexer Galvin Coleman, gained admission via eitner subterfuge (fake TD) or sloppiness by the guard, not by any bribe. We also undersland that Galvin Coleman a#tempted to vitiate his own culpability by claiming that Michael Anderson (the apparent leader of his group that night) caused him to fill up wich liquor, causing him to get quite dnmk and eo comznit the crime as a result. I asst:me you've seen testimony by him to that effect, which lead to the ciaims repeated in your letter. I haven't seen his testamony, but the story is not new to Arnellia and me, as Pll espIain belo�v. But Cole:nan's claims ibat he did the murder afterlbecause �Fichaei Anderson got him drunk do not comport with other objective evidence. If I remember riJlt, Galvin Coleman was an the bar for approximately one hour and forty-five minutes. Amellia's has ten indoors cameras continuously monitoring and taping the entire public area of the club, except the bathrooms, and soma of the nonpublic azeas (plus five znore outdoor cameras). If Galvin Coleman had so much to drink, yeu'd think at least one camera would one time show hun with one drnk; b�:t that did not happen, as best as we couid tell when we reviewed the tapes two yeazs ago. Regazdless of Galvin Coleman personatly, from the tapes it did not appear that much liquor in general was flowing off the baz towaxd his gronp. Arnellia's customers are often a very slow-drinking crowd, asid �e sales activity for that evening does not imply heavy drinlang by anyone, particuIarly since there was a decenf sized group on tfie floor foz some birthday party. Plus, the surveillance tapes show that Galvin Coleman passed by severai camexas when his group was escorted out, and nowhere in those views does c�e appear drank or even tipsy. This comporfs with the memory o£ Jer=y Allen who esconed tl�em out, that not one of the group showed any ittdication of beixig dntnk, eather by the way they waIked or talked. Arneilia's denies that there is any objective evidence which proves conclusively that Ga;vin Coleman even had oxie drink when he was in the club. And given #he rumors I heard Iater about the leader of Coieman's group, Michael Andexson, and his crowd being involved in il3egal drug deaiixig, if ir.deed Gaivin Coieman's actions were influenced by some sort of ixitoxacatior, it seems equaily likely that his intox:cation was due to some street druQ (given to him by Ande�son) rafher than to any liquoz from Ame;lia's. On these sorts of issues Lhere is a strong concern here fliat IicensinQ authorities appear as if they have chosen to take the wo.d of Galvin Coieman (an ur�known in this community, a convicted misxderer, who apparently was found to be not c:edible by the Anderson jury and whose version � °° ; �, :, m �. � � .� ; L�xe: to As;is'ant C:ty Attomey Racbe! Gunde:son Aprii =; 2006 Re: 3S} L;ceases Heie ov yfeno Bar & Gri1, Sna. d/b!a Ame?lia's i�a�e � of eveais anpeared to be �`for sale' — see be?ow) ove: #he word of hardworkinQ and produe�ve citizens who l�ave a?ustory of *eiiability wnd'nonesty. These ci�izens do not di�ute that a m�:. under the �e of 2 i somehaw trick�d flis way into the bar. Howeve:, we vociferoasiy dea� an ace•,isation or implicahon �t the eniry of the murde:er into the cluo was aecomplished'ay wav of conscious iilegai actions by ivlrs. Ameilia Allen's employees. W'e also do not think ti�ere is any objective evidence to support his ciaim that he got dnxnk on the premises. And without Galvin Coleman's (worthless) word, thexe is not even evidence that he drank Iiquor durin� the short �me he was at Arnellia's. The suggestion that LIEP appears to talce the word of C*alvin Coleman above ati others is especiatiy of concem, �iven the histozy here. Immediately, on the first working day following the murdex by Galcin Coleman, Amellia's contacted and voIunteered its full cooperation to LZEP the Mayor's office, the Chief of Police, and other relevant authozities. All requested coope:ation has been promptly given. In particvlar all Amellia's employees cooperated with the criminal investi�ation af the murder, and Arnellia Ailen and her son 7erry Allen bravely and voluntarily tesriiied for the prosecution against Yiichael Anderson, despite the fact tha# he appeared to be a Imown m�.u who was capable of violence himseif and of aetting other people to commit violence on his behalf. Nevenheless, The Ailens stood tall, attempting to pxotect the interests oi the City and the State �-�d the people of �Iinnesota. Then, out of the ciear blue, despate the occurrence of all these events, more than two years after the £act, LIEP chooses to groffez a version of facts which is both most critical of Arnellia s and most dependent upon tJse least reiiable witness, ptus LIEP proffers a very draconian sanctian proposal for a 60 day closure, which pzesumabiy is based in large part on a belief in these claims by Gaivin Colemarz. Perhaps your client is unaware of another important eveni which casts even greater doubt on Galvin CoIeman's veracity in general and this story in particuiar. As T said above, this "Gahrin Coleman version of events" is familiar to me and iVls Allen for a very sneciat reason. Shortiy after Gatvin Coleman was artested his father approached Yfrs_ Alten for a meeting. �lrneifia asked me to attend that meet with hez. It occuned on?VIazch I, 2004, plus there were a coupte of phone calis. Galvin Colemari s father is Thomas Andersan, wro I occasionally heard to be called Thomas Coleman. This faiher was most unhappy when Arnellsa insisted that T be present at that meeting, which he said made it difficult for him to talk to her candidly. Very quickly 3nto #hat meeting Tnomas Anderson stated that was looking for considerable financial assistance from AmelIia (the figcire of $60,000 was stated by the father), in part for the benefit of kris son's defense (he said Iawyers were asking for $20,000 to $25,000 to represent Galvin), but in larger part for a payoff io prevent him and his son Gaivin and a third family member from sp*.eading ties about the club. Despite Anderson's strained attempt at cryptic wordina, it was quickly clear to Mrs. Allen and me that a contribution by Arnellia's would lead to favorable tesiimony from Galvin about how he got into the club, etc., but a failure to contribute wouJd lead to harmful testimoxiy. In fact, Anderson volunteered that he had talked to Galvin the day �f'ter tne shoo#inQ �nd Galvin had told his fatnex that Galvin had no memorv of what had happened; but Anderson added that Gaivin would tesii:ry to whatever version of `facts' thaf Anderson toid him to. So, Galvin's dad was ott peddling a memory bv CTalvin, whic.z couid be harn�fui or helpiul to :�rneliia depending oxi her financial cooperai�on with Asidersan. And not just harmful testimony was threatened —�. Anderson also claimed to have the ear of `bie political leaders,' `big time �° � � m � :�' ;% L��er ;o Assis�ant City Attnrney Rachef Gunde;son Apri �, 2006 Re: AI: ? iceases He.d bv �Seko Baz & Griii, inc., d1b{a.Ame:lia's Paee 6 biack !eaders' and the press. F3e effectiveIy �old us �hat he wou�d use his infneace to set Amellia s closed down by ihe City if she didn' � pony up. He volunteered that ne didn'f nee3 all cash; real estate weuid be okay too; bat auick action was needed or he would start his campai�n of attack the ve: c next day in an inte.-view with WCCO and via a visit to his son ar.d the use of his other `bia' resources. �/Ls. Allen unequivocally refused To yieid to such pressure and Tnomas Anderson/CoIeman departed the meeting disappointed and upset_ T immediazely reported this encounter to the police investigatin� the murder. We did not hear from Thomas Anderson a$er Nlarch 2 at which time he told me on the phone that he was going to begin carrying out ius threat, as Arne3lia s was not wilIing to pay him. I believe it was afrer that when the story started about a bribe, etc. One cannot help but conciude tha# Galvin Coleman's later tesfirnon5• �vas purushment of Arneliia for her failure to yield to extortion by Coleman's family. Given aiso that Michael Anderson was acquitted of any charges of complicity in illegal behavior here despite Galvm Coleman's testimony directly implicatzng his cousin Anderson, it seems rather ironic for Ionb term and peaceful citizens of St. Paui to be preswned guzlty foz an event which the City has Iong-claimed wa, ozchestrated by ?Vlichael Anderson, based soleiy on the say- so of Gaivin Coieman. A St. Paul jury appears io have stated in the Andezson prosecution that they did not find the testimony of Galvzn Coleman to be credibie. There are muttiple additional reasons why the word of the murderzng Galvin Coleman should not be trusted in the least. Given - that, it seems uafair far your client to conclnde thaf Arnellia's acted in a consciously impzoper way (al2eged bribery; illegal sale to a minor; iliegat sale to a"very drunk" or obviousiq intoxicated person) based solely on the same totally disxeputabie source of evidence. This in tum reinforces a long-standing concem that Arneilia's has historically been subject to disparate tr�eatment by licensing authorities. Third, as to tkae sanction proposed by L1EF we wonder what considerations went znto zt and what information it is based upon. To Amellia's the pzoposed cIosure for 60 days might effectiveiv be its death Iaie]I. ABer t�e Fu2 murder, business at Arneliia's �lowed to a crawi; but at least the doors we:e open to serve a Ioyal core of friends, fiom which rebuiidin� could occur. Ironicaily, community meetings at the club following the murder served to introduce many whites in £he neighborhood to the club, and to co�vince them that it was not a location to be feared_ rather t��at it provided a valuable, unique asset to the community, StiIl the business didn't aet back up to speed for a good many months. If Arnellia were to have to shutter the place completeiy for iwo months she could lose even the loyal core of customezs; and rebuilding could take 6-12 months o: more assuming the damage was not perxnanent. But Mrs. Ailen is not able financially to shoulder that kind of long loss oi business. This operation has always been a close-to=�he-bone neighborhood small business. Right now Mrs. AIlen bareiy ekes out a living. The proposed 66 day closure wouid not be a matter of simply `fining' her two months salary for an infraction as happens to professional athletes. ivirs. A:len cannot simply shutter the doors, forgo her club income for tcvo months and orherwise `stay even' during the ciosure. Even ii she lays ofi all of 't,le employees, fhe ciub stili woutd incur considerable fixed casts every month, sach as insura.nce, par:ting lot rental,liquor macaine rental camera costs and 1uce, expenses which she cannot afford without an operating bnsiness. Sevezal months worth of fised costs without any income would, I '� ffi � �' � P L�t[e: eo Assistant Ciry A�tomey Rachel Gunderson Y Aprii �, 2006 Re: �ll Licenses Heid'ov Yte�o Baz & Griil 3nc.. d/6!a Arnellia's paQe ; feaz,likely drive he: into Financial ruin and pe:manent closure of `ue club. I assu�e that LT�P does not ?:ave an �.uzspokea Qoal of waniing Arnellia's to be ciosed permaneady. Imponantly a 60 ciay con#inuous suspe�sion would also substantiaily harxn many clearly-inz�ocent citizens in the process. These include the manv peaple who aze employed by the club pIus the many musicians who would not otherwise have woxk, the iood service vender at the club, and others. Losin� two months of income would be devastating to these people. Pm told it would atmost certainly put the kitchen operator and his employees out of business. As to the dozens of waitstaff, bartenders, musicians, sound er.Qineers and others, alI would be innocent victims of LIEP's sanctzon agaanst Arnellia's. Certainly there must be a way to punish the license holdez without nutting dozens of (already low income) innocent employees out of work for months. In addition, T ur�e LIEP to appreciate that Auzei:ia's is an extremely imporiant part of the social fabric of an otherwise underserved portion of St. Paul's community. Arneliia's is the oniy bIack- owned andfbr black-orzeated club in St. Panl with live music. In that regard, the club is a valuable and unique community asset foz an othenuise-unsezved part of the St. Pau1 citizenry. The proposal of your client would cause substantial damage to totaIly innocexi# St. Paul woricina citizens, customezs and musicians who wowd othenuise be without a comparable cultvral gathexing place in St. Paul. � ar that matter, I tl�.ink Arneilia's may be the onty female- and bIack-owned music venue in the entixe state, in busittess now for over 17 years with what seems to be a minor (or not extraordinary) record of prior infractions. Tn that context, it seesns alarming for the club io be £aced with proposed sancfions which may weII put it out of business, would at least cripple it fznanczaily, in a circusastazice where the proposed punishmeni seems �ossly dispxoportionate to the alleged infraction. For these muitiple reasans, I surely think a more even-handed t;�pe of sanction cou;d be considered here, whi ch would penalize those responsible up the chain of command for an error by an employee in admitring a zninor to the ciub, but would do so appropriately and �vithout also punishing all eanployees, musicians £ood service worhers, customers from the community and others. In 17 years of aperatin� an entertainment business with a city license Arnelfia Allen has I believe, only a couple of allege3 violatiors of laws regarding service of liquor to a minar. In iact, �s. Allen and her staff have gore to considerable ienaths to make sure that the premises of the baz are operated in a safe and zespectable concLition. For example, it was just a few years ago that she spent a considera�le amouttt to upgrade her camera surveillance system, on her own motion vaithout an official order or request. Have other bars typically done the same? Mrs. A1Ien has done z spectacuIaz job in keepinb her operation ciean and safe, whiie at the same time she is happy to service some of the poorest of the city's citzzens with an excellent cuitural resource. LTnmediately follo�ving this incident and at many other times in t}xe past, owners �nd employees oP A.mellia's have eagerly worked �vith the community to analyze and conect any possible problems and to generally be a strong asset for the eommunity. � .� "" tl; ,� �A' .; �.. ; :.ette: *.o Assis.ant Ciry Auomey Rachei Gimderson Apri �, 2006 Re: All L:censes Aeld bv Vleao Bar & Griil. Inc_ d/c/a Araellia's Paze 3 As you nust icnow, the AIIen famiIp and everyone associated with ArneIIia's feeLs e�tremel� terribie abont the ur_fortur.ate murde: of Stepben Fui. �rs. Allen and oihers from Amellia's mec seve:al times with members of _l�ir. Fui's fanuiy when they tivere �n town. birs. Allen and Ms. 3ackie Hic:es imme3iately and perso�ally met with anc! apoloeized to i�iz. Ful's famiiy when they came to town to return ]us remains to Africa Ameliza Ai2en started the Siephen K�.ima Fu3 Vlemoriai Fund at Westerzi Srate Bank, issued a press xelease and zncouraged media to publicize it contributed �enerously to it and helped recruit other donors. Ame?lia's also hosted and attended communiry meetings reQardiag this iacident and worked with the commusuiy to understand what hanpened and do a?1 possible to prevent a recurrence. Arnellia s recoQUizes that this is an unportant matter but urges that the event and Arnellia's historv be understood in context, in which case we believe that the sanction as proposed is overly harsh. We are curious as to how your client reached the conclusiou that u'�e proposed penaities seemed appropriate. Is there any decision-making matrix or other guideline applicabie he:e? To what extent, if at a11, are other alleged historicai incidents being counted against the interests of Arnellia's? Tf so which events are considered and with what effect? Are there �rnitten staxidards as to the applicability of prior events? Does the city have any infozmation regazding now other bars h�ve been treated in situations where an allegedly zllegal sale led te personai injury, suca as or_e caused by an illegallp-served drunk driver or tl�e like? As to the fourth issua, we fom�ally request all transcripts of testimony, inte:views of witnesses police reports, testizuony transcripts briefs correspondence, informatzon about aay and all possible wiinesses, 211 electronic data collected or avaiIable to authoritzes, anyThing eise which may have been available to any of the many authurities who have pasticipated in the investieation and analysis of this case and all other possible information relevant to this matter so that we can make an informed decision. Given that over two yeazs has already passed since the incident before the City chose to present a ti'otice of Violation to tilrs. A11en, the City can hazdly claim that it wouid be pxejudiced by afFarding �s. Allen a sufficient opportunity to see and ana3yze all relevant evidence and to engage in dialogue about this infar,nafion with appropriate authoriues. I hope you would aa ee that an intelligent decision as to the propriety of the choices you present (versus other possible resolutions to t1�is incident) cannot be made by Mrs. Allen without ner ov✓n acc�ss to all of the information which the Cit;� had available in regard to its proposed accusation and the resoIution thereof and to other data which might be availabie from other sources not used by the City. The City has had ovex two years to gather, call, and mi:il over decisions based upon probabfy extensive data. Criven that the City has had two years to mull this over ?t seems thaz Mrs. A11en (with far fewer resources than have been available to the City) should have sufficient time and information in order to make extremely important decisions dependent upon the same information. Without aaswexs to these and other questioras it is virivally impossible to make an intelligent decision as to whether A,�ellia's is best advised to zequest an A:,7 hearinb versLS other aiternatives. Nirs. Allen and all of the employees ei Arneilia s aze anYious fo work wiih the City to ensure that a fair, appropriate and even-handed resoiution is developed in a situation �vhere at1 parties �ave access to relevant information. Mrs. Allen and everyone at Arnellia's wants to do evezything they � t J aa � i. l Lette: 2o Assisant City Aitomey Rache! Gunde:son Aprii >,'006 Re: All Licz-iszs He!d'ov yle�o Bar & Griil, Iac., dlhfa?,rne?lia's p� g ca� :o coope:a:e with :11e Ciry � achievin6 a settle�ent of this mat*e: ;bat is the fairest �ossible �o alI interested parties. � � utrs. �Ilea aad I and othe: interested parties assocate3 witil Arnellia s look forcvazd to wozicing with your ofEce, LIEP, the �Iayor's o�ce, tr�e Ciiy Council and all othez penp3e or institutions which may have an u�terest in resoluuon oi Uus mafte:. Yo�tr"s v�r}' truiY �' , � � �� L �� Wzlliam L. Tilton � f L �j �. WZT/nrs cc: Mrs. Amellia Allea TILTON �e D��7_V', WILLAM L C TIL�ON'� GcCRGE R. �UNN" MICHAEL J. Gi055• XEVNET4 E.TiLE�i C� Cau�s£'_' A-ORNEYS AT �4W 822C US ?ANH C_\TER IC� EA;� F1-H 5'lR�t' � � ?+OL, MiNNESCTA SS�CI :66i1 22a-i6oJ : �%(65i) 22� C235 June 30, 2006 Racnei Gunderson, Assisiant City Attorney City of St. Paul �ffice of Ciry Attorney - Civil Divisioz� 400 City F3at1 1 � West Kello�g Boulevard St_ Paul. �A�i 5� 102 Re: :Vletro Bar & Grill, Inc., dlb/a Arnellia's Deaz Ms. Gunderson: --^�� ; 4. ,_ :., P.L.I�P� � �; :� � .`� � � '..E � � �. � 'ALaO PCMIT cO �Y WISCOVSiN "AL50 AOMITE'� �N M15qC�U5_TS iC?/IL �IAL 5?ECIA..S, CgRTiFi`cD 3Y NINN�50'A STA?c 9AR ASSCCiATICN •ALSC A�MI-c➢ �N iLLiN015 I am wzating in response to your letter of May ; 0, 2006. I have had a chance to consalt with my clieni, and we would like to respond as follows. My assistant, KeIly Moreno, wili be {or atready has been) in contact with your paralega3, 7ulie Ksauss, in regard to reviewing what documentation is available at your office. In regard ta the statement of facis to be contained in your May 301etter, my client has tremendous difficulty with a portion af that stazement. We agree with your fust iwo sentences, "On the evening of February 20, 2004, a patron was shot to death inside your bar by another patron (CN�0432295). The patron responsible for the shooting was a minor." However, we d:sa�ee with the following two sentences thac aiiege that ,�e er.ie�ed tY�e bar i� vioi_atie�a of ihe licensing condition requiring proper ideaiification from anyone who appears to be youaaer than 30 years oid. I appreciate that this xl�lay 30, 2Q06 proposed restatement of facts does noi repeat the second and third paragraphs of ihe statement of facts contained in your March 9, 20061etter. However, the two sentences w!uch remain �om the first paragraph, about allowing him into the bas zn violation of a 2icense condition regazding proper ID, seems to be equally unsuppo�ed by the facYs available. From the beainning the bo�:ncer here has consistentiy affumed that he was shown an ID by this pa�on, a point that is proven by the security camezas, and that tlze ID appeared to be valid. Un t°ortunately, the camera resolution is not good enou5h or the camesa angie was not good enough that we can see on camera the exac; infornztion on the ID showri by the shooter to the bouncer, 'aut it is clear something was show�i. Given these £acts, Amellia could not honestly admit the ailegation thaT iVir. Galvin Colemari gai�ed adsnittance in violation of licensin� �� Rac'�ei Gunde:son, Ass't City Attomey Iune 30, 2006 Rz; Iv1e�o Baz & Griil dlbia Ame:lia's PaQe 2 conditions. We live in an era where fake IDs aze readily availabie to geogle. ivir. Cole�an c�nainly seemed to be traveling in a mifieu that wovld be canable of providing him with a fake ID. �nd from all othe: appearaaces, that was ;ikeiy what was snown to t:�e securiry man at ;he time that he entered Arneliia's. As besc we can tell, tl�e only evidence oz possible evidence to the contrar,v wouId be Yestimony of Galvin Coleman himsel£ As far as I know, no other witness has supported his story of the tokal absence of an ID. And we thizilc an objeciive view of yir. Coleman's story, in light of the fac: that his fathez came to ArneIlia demanding $60,000 in eschange for a favorable story and threatening an unfavorable story if the money was not paid (a proposal whicfi was unmediately reportzd to ihe police deparhnent}, the fact that Yir. Coieman is an admitted murderer, the fact that ivIr. Coleman's testimony was xpparendy rejected as untrathful by the jury in the prosecution of Ylichael An�erson (who T understand was acqnitted in spite of NIr. Coleman's testimony), and other factors, is that Mr. Ga3vin Coleman is not credible. Accordingly, ArneIlia's cannot in good faith admit that it is guilty of a violation of a licensing requirement regarding xevietiving proper TDs, sznce ail credible etiidence seems to be to the contrary, including in particular the recitations of facts by every person other than Galvin Coleman who has or had an ability to observe the facts. As to the fmal sentence of your May 30, 2006 proposed statement of facts, "Once ins3de the establishment, the minor consumed alcohoi in violation of iviinn. Stat. §340A.503," for sake of negotiation purposes, Amellia's is willing to admit that this likely occurred and this therefore would be a vioIation of Mirin. Stat. §340A.Sfl3, subd. 1(a)(1). On the question of an ALJ hearing, Arnellia's does not wish to have an AI.J heazing. Part of tbe desire to avoid an ALJ hearing arises from Arnellia's experience with an AL7 hearzng in the year 2000. At that time there was a controversy over certain facts and the conclusions or recommendations for sanctions to be drawn from those facts. As Arne3lia sees it, Arnellia's fundamentaily prevailed on all issues with the AL3, inciuding on ihe issue of several factual disputes and the appropriateness ofthe City's recommendafion for sancfion. Neverth�iess, the Ciiy Council summarily rejected substantial findings of the ALJ, in toto incorporated proposed amended find'angs by the Ciry Council (without itself hearing the evidence) and rejected the sanction recommeaded by the n.LJ in favor of a very severe 45-day sanction. Accordin�ly, ArneIlia's has aood reason not to have faith in an expensive ALJ process. Why haue an ALJ process if the City CounciI is simply going to do what it wants anyway? Accordin�ly, P�neliia's feels that the expensive ALJ process is unnecessazy here and the matter here should be dizecd� presented to the City Council. I think Yhere is another �ood reason why an ALJ pzocess could and should be avoided here. As I understand it from your letter and from our sui�seq�:ent canversations, the ticensing office is presently seeking a findang of ttivo sepaxate offenszs; fizst, that the minor did not present any reasor.able sort of ID when he showe� an ID to the bouncer as dispiayed by the camera; second; � �'� y�LL6 Rache? Gvnde:son, Ass't City Atxomey hme 30, 2Qo6 I�e: tife�o Bar & GriII d/b/a Ame:lia's PaQe ; that the minor consame3 alcahoiic beverages. A.'nellia's disputes the first claim but is wiL'ing to admit ?o the second. Givea that, I don`: kaow why an ALJ hear.aa would be necessary, since nresumabiy an admission to the charge of pe*.mitting a minar w consuiae aicahoiic beve�ages on the premises would be a sufficient basis for sanctions against the estabiishment. Besiaes that it appears :hat tiie evidence that the City would be able to present at an AL7 hearing on the ID issue would be if�y at best, i. e., assumina that yo•.z couid present lQr. Coleman for testimony, you would still be left with the unsupported claim of a convicted murder whose testimony saems to have been molded to the tbreat his fathe: made at the tine of the fathers request for �60,000 from Arneilia's in eYChan�e for favorable testimony and in light of the fact ttzat Coleman's testimony has been judged to be not credible by ihe Anderson jury. So it would seem that if an Ai,.T :earir_g were to �e neld, it would be fighting over an unnecessary charge, and the Cit,�'s posizion would be based on extremely tennous "evidence." The question as to whether an AL7 hearing might or might not be require3 obviously would be obviate3 if the City weze to aoree to withdraw any ailegation of an ID violafion in exchange for Arnellia's a�eement to confess that the minor was perznitted to consume beverages in vioiation of the 1aw. There would be no advantage to the City even if it were to prevail at an ALJ hearina, which it likety would not. And given t�rnellia's history with the City Council, it apoeazs that the City Council wzll do what it wants based upon its view of the facts anyway. For these zeasons, Arnellia res,�ectfully asks that tfie aIIegation of an ID violation be withdrawn and she would not cantest the allegation of a consumption violation and the matter can therefore be swnrnazily pzesented to the City Council for a sanctions decisaon. Tn the aiternative, perhaps tha City might want to prepare an offer of proof on the issue, to which Arnellia's can respond, and these contes#ed "facts" could then be presented to the City Counci for a decision on the ID issue, thereby aiso avoidin� the expense of a possibly-futile or unnecessary ALJ hearing. As to your ciient LIEP's recommendation for ihe 60-day sanetaon, I gather from your May 30 letter that LIEP feels compelled to make this recommendation in li ght of ArneRia's history. This reminds me of an eazlier issue which we had discussed, as to whether there e�sts some sort of grid or other table or scheduie for sanctions to licensees in various situa�ons. Is thexe such a�id or tabie os written statement outlining LIEP's sanetion recoznmendation parametezs that would be appiieable here? Z appzeciate the point you make in your May 30 letter that, "The recommendation of the O�ce of LTEP is just that a recommendation." Ax the same tisne, I would Iike to kaow all posszble factors that might be reIevant here in order to best advise my client on that issue, given ihe severe concerns she has aboat tlie devastating effeci a 60-day closura would have on her establishzxien�, as outIined in my letter of April S, 2006. You note that the "history of fihe estabiisl�ment" is reJevant to a determination of the pzoposed penalty. I rvonder to what extent the fact that Arnell;a's has not had any offenses or alleged offenses since the Galvin Coleman matter, how that plays into the calcutatiors here. Certainly if There is a grid or table or some other method for detemiining penalty recommendations which constrains the O�ce of LI�P, that's one tYun�. But, as lo�g as I'm raisuzg othe: issues with you, I thou�# I'd �°�� Rache: Gunde:son, Ass't Ciry Attomey J�me 30, 2006 Fea Metro Bar & Grii? cUbla �tne?]ia's �aee ? se� if there was any possibiiiry of us Qe:ting closer to a mutual unde.-standiag oi what an apgroprate sancTion might be. � For the reasons describe3 above, Arneilia s be2ieves That the aileQation of an ID violztion is unnecessary and is not suppor�ed 'oy the totaiiiy of the facts here, and if it is witkidrawn, then the issue of an AI.7 hearing is obviously gone. In the altemative, an AL3 neariug can atso be avoided if we simpIy resolve to put that issue to the City Council. And obviousiy the final decisaon on sznciions, if any, would be put to the Ciry Councii, bnt I would think it ea�edient for all of us to further explore the possibility of gettina closer to some a� recommendation. I look forwud to your response on tbese several issues. If you have any questions ar commenis, please don't besitate to phone mz. I am anxious to work with the City on this matter. Tn fact, it is my hope and belief that we should be able to reach some agseement or considerabiy narzow our diffzrences such that this ma#ter can be handled by the City Council in the near future. ours v ey Vuly, /, — � �C �/` ( � �� L. T�Iton wr.Tn� cc: Ms. Arnellia tlllen Mr. Jerry AIlen FROM :Franchi5e Foods/McDcnalds McDanatda � �� Scptcmbcr 27, 2006 To: Sf. paut CityCouncil Re: Arnel3ias �AX N0. :5512244A60 Sep. 27 2@06 12�85PM P2 �� F33ANG!-l1SE FO00 SYSTEMS OF MtNNESQTA,:IlVC. 2B0 AttCOra:Ave. SL Paul, MN 561IXi (651) 224POQ0 Fa�c (65i) �4-C46� Volca MI�:1-80Q-53.'is717 #€838 Eman: thansyrzz�a�m lbudiaS222�ao�crnn I have bccn a SL Paul businessman since 1989 oun�ii�g 6 Mc.Donalds 12estaui�ants and �,n�taying over 3U0 peopl.e. ( havs served or servc rn� a number of hoaz•ds includin� Uic Si. Paul Police Foundation Buard, Midway Chambec of C;omcuarce, SL. Paui Business Review C�mi�ittee, an.a St. Paut CJaa�t�.iser Potitical Aatim3 C:ommittea, �esota Tirnherwnives Touoda[ion, Royc �� {}jfls Club oI'5�.1'aul, Ronald McDOnald Heuse; Charitics, McDonald's Twir� Citics Lxccutive Committee, Model Ciiies of SC Paul and U.S. Smali Business Administradon Advisory C;ouncil. 1 havc bce» a customer pC Ame?Ji.as f'or �nany years. I have never had a pro�lezlt or felt unstzfe. A.tnellaa. isn't an absentee hus9ness owner. She is aiways there. She cazes and is committu! to h��r business. 5t�c counsels, give a�ivice and help5 many utuic.'tprivileged peaple in the i�ei�borhood. T°fte shootiag was a iragee�y. I Chinit this was an ai�e�ration. At my resYaurant at 24 and Nicollet in il�Iinnea��otis, T recenfly had a cixstozYZez ttiat was kiTted in the dtzve tbtu by a speeding driver xn�i a persan shoi and kiiled in Fi�ont of thc restaur�u�t. As a btitisinesc�z�au, � death is a traumatic and mentally taacin� experiencc. I Yhink that Anxellia }�as sulfer� grea#ly hy 7zavii� a shooting at her zestaurau� I ihiuk that socieLy has .t Probfe�.n witli tlze proliferati�n of guns, es�ecialty in ihe I�ands of pouth, thc disres(�ect for rute9 xt2c1 aiithoriTy and H�e attihide tltat life has littie vaiue. The sc�craI norms have chauged. Li the metro area. this year, we have had innoccnt bystand�rs i<ilted while walking dawntown, youth kil3ed lor his Jerscy, snuther youtfi kilied by being at t�tc wrong house, a gizza deiivery a�azi kiiled for lus money, yonth fotccd intn prastitution and ihe list gaes ai�. It is �ctremety hard to judge wh�t peoPte wi1I do. In mosi inst�inces, these pe�ple ht�ve nm into prooleins with the law before and on the streec to cotnntit crimes again. As a husinessman, it ia very difficulE Co anticipate who witt commit crimes agaitxst our pa�trans. It is my undzrstanding that the recomnzendation is tiaat Arn�llia's be close� for 60 days. Ia re•aliYy, this is tamtamouttt to closing the restaarani. I don't know mtmy businesses that cau surv'sve a GU-day closure. 1 know I couidn'C. You pentsiiae Arnellia but in additio» you put her emplflyces on the unc;mplayinent line a��d you kave anothcr ciosed busir.ess on l�niversity not generaiing any property, sates ot pa)+zoil Caxes. B74S6 M13� A35�6 s7503 l8118 p671 TianlnB vid Admin!etretWe eMee k7tMa�$t.$, iS70UNrB(81H+� z213UrdVnslryAv�. 7MN1NkCRatAVa3 2322Weet7N$1, 65t,Se�wmSl. 2B��AvB. Sc Paul MN SS�OS 3c °eul. MN b6fpa g�. Ppul. MM 56ti4 M1Pnnpmpoi'�, 0.7N55404 8c PoW, MN 561f6 St. PaW. MN 5410? 5t PaW, MN 1V3 t�r)zz+�5as {ssi)s+��nrf tesi)eaa-esaa tera�er¢a�es �as��eeaoaea tesv>2s�-asse (esi>� azae Fax:{�3}zz4ises r�,�{ssslea..tima �ar.tsbiSeaa-zns sax;(aazysto-o�so t�:fs6s)8ao�rs5a F�(ss�)2si-oU�s Pax:(bsr)2a �ROM :Franchise Fcods/McDondlds Fr7X N0. :551224A460 Sep. 27 2606 12�HSPM P3 � �°�� i thinlc Araeliia's is wtaily safe_ I�ake my wife an�3 snns there. 1 beg tt�at you don't impose any ciosure whatsoevcr. The eity by its own law/mairix Cha3sYcr 4092G the penatty lar this offense is a fine aniy of �5�0 or $1Q�4. I tl�ink a ctosure w_p�id sound the death nail to a husiness that, is an asse: io The cammunity. Louis C Hc.�ry u�r�ondias Owner/Operacor ��° ��;� Sec. 409.25, Intoxicating liquor; nonintoxicating snait liquor; presumptive penaities. (a) Purpose. The purpose of this sedion is to estabiish � standard by wfiich the city council determines the length of Iicense suspensions and the propriety of revocations, and shaii apply te ail on-sale and ori-sale licensed premises for both intoxicating liquor under this chapter and nonintoxicating liquor under Chapter 4i0. These penalties are presumed to be apprapriate for every case; however tt+e council may deviate thesefrom in an individuai case where the councii flrds and determines that there exist suhstantial and compeifing reasons making it more appropriate to do so. When deviating from thes2 standards, the councii shall provide written reasons that s{�ecify why the penatty selected was more appropriate. (b) Presumptive pena/ties for vio/ations. Adverse pena{ties for convictior�s os violations shall be presumed as follows (unless specified, numbers betow indicate consecutive cJays' suspension): Appearance Type of Violation lst 2nd 3rd 4th (1) Commission of a feiony related to Revocation NA the licensed activity. �Z) (3) (4) Sale of alcohoi beverages while license is under suspension, Sale of alcoholic beverages to underage person. Sale of a4coholic beverage to intoxicated person. Revocation NA F4ne Eine rine Fine Fine 6 (5) After hours sale of alcoholic beverages. (6) After hours display or consumption of aicoholic beverage. (7) Refusai to aflow city inspectors or pofice admission to inspect premises. Fine 4 5 15 (8) Siiegaf gambling on premises. Fine 6 (9) Failure to take reasonabie steps Fine 4 to stop person from leaving prem+ses with aicoholic beverage. (10) Faifure to make appiication for license renewal prior tn license exgiration date. {11) Sale of intoxicating liquor where only license is for nonintoxicatina iiquor. Fine 6 Fine 6 (12) Failure to comply with statutory, i0 and ardinance requirements for fiabifity insurance. NA NA NA NA Up to 18 Revocation Up to 18 Revocation 18 Revocation 12 Revocation Revocatien NA i8 Revocaeion 12 Revocation 18 Revocation m Revocation NA Revocation �I►G'1 For those violations which occur in on-sale intoxicating Iiquor establishments listed above in num6ers (3), (4), (5), (6), (8), (9), (10) and (11)� wh+ch wouid be a first appearance not involving multiple violations, a fine shal! be imposed according to the following scheduie. For those violations which occur in on-saie inToxicating liquor ��- �� estabiishments lisied above in numbers (3) and (4), which wouid be a se�ond appearance not involving muitipie violations, the fine amounts set fcrth below shall be doubled. Seating capacity 6--i49 . . . . $ SOO.OD Seating capacity 150 and over .... 1,OOQ.00 For those vioiations which occur in oif-sale intcxicating liquor establishments listed above in numbers (3), (?), (5), (6), (8), (9), (10) and (11), which would be a firs� appearance not invo(ving muitioie vio!atio�s, a fine shall be impased accordir,g to the foilowing schedule, based on the square footage of the retaii area of the esCablishment. For those vioiations which occur in off-saie inCoxicating liquor es�abiishments listed above in numbers (3) and (4), which would be a s2cond appearance not involving multipfe vio{ations, the fine amounts set forth beiow shali be doubled. S,G00 square Feet or Iess .... 5 500.�0 5,001 square 4eet or more .... 1,060.00 A licensee who would be making a first appearance bePore the councii may eiect to pay the fine to the Ofiice of License, Inspectfons and Environmentai Protection without an appearance before the council, unless the notice of vioiation has indicated that a hearing is required because of circumstances which may warrant deviation from the presumptive penaity. Payment of the recommended fine wili be considered to be a waiver oF Yhe hearsr�g to which the ficensee is entiiied, and shaii be considered an "appeara�ce" for the purpose of determining presumptive penaities for su@sequent violations. (c) Multiple violations. At a licensee's first appearance before Che city council, the council shatl consider and act upon ai( the violations that have been alieged and/or incorporated i� the noCices sent to the licensee under the administrative procedures act up Yo and including the farmai notice of hearing. The councit in that case shall consider the presumptive penafty for each such viofation under the "1 Appearance" coiumn in paragraph (b� above. The occurrence of muitipte viofations shali be grounds for departure from such penalties in the counci('s discretion. Vio(ations occurring a{ter the date of the notice of hearing that are brought to the attentio� of the city attorney prior to the hearing date before an administrative law judge {or before the councii in an uncontested facts hearing) may be added to the notice{s) by stipulation if the licensee admits to the facts, and shaii in that case be treated as though part of the "l Appearance." In aif otS�er cases, violations octurring after the date of the formai notice of hearing shail be the subject of a separate proceeding and dealt with as a"2" Appearance" before the council. The same procedures shail appiy to a second, third or fourth appearanca 6efore the councii. (d) SuBsequent appearances. Upon a second, third or fourth appearance before the council by a particuiar lice:rsee, the council shail impose the presumptive penaity for the vioiation or violations giving rise to the subsequent appearance without regard to the particular vioiation cr violations that were the subject of the first or prior appearance. (e} Computation of time: (1) If a licensee appears before the council for any violation in paragraph (b) where that violation has occursed within tweSve (12) ca4endar months aftes the first appearance of the same licensee for a violation fisted In paragraph (b) above, the current appearance shall be treated as a secord appearance for tha purpose of determining the presumptive penaity. (2) If a licensee has appeared before the councit en two (2) previous occasions, botn for viofations Sisted in paragraph (b) above, and if said licensee again appears before the councii for a vio4ation 4isted in said paragraph (b), and iF the current vio4ation F � Eee �. P" � � � c. Enrollment by the licensee in recognized courses providing training to seff and one (1) or more employees of the Iicensed esta6lishment in regard to standards for responsibfe liquar service. (Crd. No. 17556, § 1, 4-Z8-86; Ord. No 8-22-89; Ord. No. 1769?, § 2, 11-7-89; §§ 2. 3, 5-7-92; C.F. No. 92-1929, § 1. No. 98-866, § l, 1i-4-98) 17657, § 14, 6-8-89; Ord. No. 17675, � 1, Ord. No. 17756 § 1, 8-7-90; Ord. No. 17924, Z-�-93; C.F. Na. 97-1445, § 1, 12-30-97; C.F. �,iL � �� f�� Sept. 30, 2006 _ "` �'� erbert Brock/Janaya Allen _ ,Educarion Fez Club _ _ � �- � ��}�Pl�nouth Ave N. - ..,. eavolis, MN. Re: Dtr. Arnellia To the HonorabT� Administrators:° . The reason f ' � � her in thas m`� � First of all A� Cities Metro�i i� �._e.� close to th;: - a ?�„ .,. open mikes `,' _ » �� 'z;i �`��==:x: Arnellia is Como Temple�, � Lodge Depf o _ member of tfie"� M.� Attached wit£i� the programs �S!�: As a Educahon 7�sso„ ate and'a°` � �<,� major player in ouc sing,i area (mentoring pragzax�, dmaa Arnellia's is also one�`^�o �� Minneapolis. Since we�a�� would be fair to have a m� venue to hoid some of our �' We as members of the Fez Cluli Allen's establishment. c�Fi,�1tr' len has been a schoo � �lie Twin Cities �� u timenting with. � s" �,5 Lodge #106 in e� our club thought it provides us with her �TY it concerns us all! when we patxonize Dtr. Dtr. Allen is an advocate far our youth, since her esfabiishment is lmown as the Cotton Club of Minnesota, she is always opening her doors to give the youth an opporiunity to succeed in their dreams and fulfillment of their goals. Those who are trying to make a difference in their lives, trying to improve the community and can showcase their talent. � County �ber of Grand charter Dtr. Allen has sponsored bowling leagues, baseball and vazious sport teams. She is a very positive role model in this community and is always willing to lend a helping hand. �� 1�,� 2. I would like to leave you with this thought. Our Nation is going through a Major crisis We our losing our children it is not only Black on Black killings it is a much bigger pichue with all of these senseless killings that are going on in our Nations schools and in our Communities. Some of our chiidren have no fear of death. When we were in school we did not have the fear that at any given time our schools would be held hostage, teachers or principals dying due to violence. We did not have to worry about metal detectors or police presence during school hours. Our cluldren should not have to worry about these things but they do. No school anymore is SAFE as we have all witnessed in Pennsylvania. Prayer should have never left the classroom! It as time for All of us to get involved weather you have children, grandchildren, family, friends or even if you have no one close to you in school. It is all of our responsibility to make sure our children are safe while trying to get an education. Cret involved donate some of your time and visit a school regulazly if you don't already. What happen at Dir. Allen's was tragic and was out of her control but her lively hood should not suffer as a result of contagious epidemic of senseless killings that are pla�uiug our Schools, Communides, Nafion and Global wide. Dtr. Allen does make a difFerence in the Twin Ciries with our YOUTH! We the members of the H.B.13.A. Education Fez Club tha.tilc you for your undivided attention and ask that you would render a fair decision that involves Dtr. Ailen and all parties concerned. Bro. I,eo d C. Talley. President �W�� Dtr. Lillie Weldo�rF Vi ce President Bro. Bernazd C. Johnson, Financial Secy. ,��f,�/ ,y; d Dtr. Almeda Coates, Treasurer z� r� • qy ��^� �f ;� �n � � � Id°s __ -� � O September 27, 2006 To: St. Paul City Councii Re: Arnellias FRANCNISE FOOD SYSTEMS OF MINNESOTA, 4NC. � � � �' �' � 260 Aurora Ave. St. Paul, MN 55103 (651) 2242000 Fax:(651)224-4460 Voice Mail:1-800-533-5717 #838 Email: Lhenry222C�aol.com ibuchal222@aol.com I have been a St. Paul businessman since 1989 owning 6 McDonaids Restaurants and employing over 300 peopie. I have served ar serve on a number of boazds including the St. Paui Police Fci:n3ation Board, D4idway Chamber of Commerce, St. Paul Business Review Committee, and St. Paul Chamber Political Action Committee, Minnesota Timberwolves Foundation, Boys and Girls Club of St. Paul, Ronald McDonald House Charities, McDonald's Twin Cities Executive Committee, Model Cities of St. Paul and U.S. Small Business Administration Advisory Council. I have been a customer of Arnellias for many years. I have never had a problem or feit unsafe. Arneliia isn't an absentee business owner. She is always there. She cares and is committed to her business. She counsels, give advice and helps many underprivileged people in the neighborhood. The shooting was a tragedy. I think this was an aberration. At my restaurant at 24�' and Nicollet in Minneapolis, I recently had a customer that was killed in the drive thru by a speeding driver and a person shot and killed in front of the restaurant. As a businessman, a death is a traumatic and mentally taxing experience. I think that Arnellia has suffered , greatly by hauing a shooting at her restaurant. I think that society has a problem with the proliferation of guns, especially in the hands of youth, the disrespect for rules and authority and the attitude that life has little value. The sociai norms have changed. In the metro area trus year, we have had innocent bystanders killed while walking downtown, youth killed for his Jersey, another youth killed by being at the wrong house, a pizza delivery man killed for his money, youth forced into prostitution and the list goes on. It is extremely hard to judge what people will do. In most instances, these people have run into problems with the law before and on the street to commit crimes again. As a businessman, it is very difficult to anticipate who will commit crimes against our patrons. It is my understanding that the recommendation is that Arnellia's be closed far 60 days. In reality, this is tantamount to closing the restaurant. I don't know many businesses that can survive a 60-day closure. I lrnow I couldn't. You penalize Amellia but in addition you put her employees on the unemployment line and you have another closed business on University not generating any property, sales or payroll taxes. #7494 #13293 #3525 #7563 #6518 #671 Training arM Adtnmistrative Center 471 Manon SL S. 1570 Universiry Ave. 2213 Universiry Ave. 2400 Nicollet Ava. S. 2322 West 71h SG 557 JeHerson SG 260 Aurora Ave. St. Paul, MN 55103 St Paui, MN 55104 SL PaN, MN 55114 Mmneapol'�s, MN 55904 St Paul, MN 55116 SC PauL MN 55102 St Paul, MN 55t03 (ss�)z2a�sas (ssi)sa�-nn (ss»saa�ea3a (s�z)a�o-s�os (ssi�esaoaea �es»2s�-esss �sss�zza-azas Fax: issi) z2assss Fax: (651) 647-1036 Fax: (ssi� saa-2��s Fa�c (s�2) a�o-o��o r-�: (ss�� sso-isss r-a,c �ssi� zs�-0s�a Fax: (ssi� rzaaaso ��-�� I think Arneliia's is totally safe. I take my wife and sons there. I beg thaY you don't unpose any closure whatsoever. The city by its own law/matrix Chapter 40926 the penalty for this offense is a fine only of $500 or $1000. I think a closure w, oelrY�spund the death nail to a business that is an asset to the community. Louis"C Henry McDonalds OwnerlOperator