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97-800Council File # � —�Qp Green Sheet # �� J� �Rt�l�!��. Presented By Referred To Committee: Date RESOLVED, that the Liquor On Sale (C), Sunday On Sa1e Liquor, Restaurant (B) and Gambling Location (C) licenses held by Paul's Lounge, Inc., d/b/a Paul's Lounge, Inc. for the premises at 1045 Hudson Road in Saint Paul aze hereby suspended for a period of three (3) days, commencing on July 16, 1997, for the violation of Dischazging a Fireann within the City, and failure to notify the Cluef of Police in writing of the existence of a firearm on the licensed premises. This Resolution and the action taken above are based upon the facts contained in the December 7, 1996 police report, the February 11, 1997 Notice of Violation letter to the licensee, and such azguments as may haue been presented to the Council at the public hearing. Requested by Department of: By: � � Approved by Mayor: Date �/�- S 7 BY. � ��%� RESOLUTION CITY OF SAINT PAUL, MINNESOTA .. By: 1�,�� "��,� Form Approved by City Attorney -° � i � �� By: ' � ) � C�-I / by Mayor for Submission to sy: Adopted by Council: Date q Adoption Certified by Counci Secretary ��3 DEMRTMENTIOFFlCEICOUNCIL OATE INRIATE� � � ` � License Inspections Env. Pzotection June 13, 1997 G REEN SH E E CONTACTPEFiSpN & PHONE INITIAIJDATE INRIAVDATE �DEPARTMENTDIRECTOfl �CITYCAUNdL ChiiStine Rozek, 266-9108 nss�en O CRY ATTOFiNEY � CT' CLEflK MU5T BE ON COUNCILAGENDA BY (DAT� p0U77NG � BUDGET DIpECTOR � FIN. & MGT. SERVICES Dlfl. June 25, 1997, Public H OPDER � Mpypp �OR ASSISTANT) � TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ACfION REQUESTED: Concerning adverse acrion against licenses held by Paul George Damico, ABA Paul's Lounge, 1045 Hudson Road. (Uncontested) aECAMMENDATIONS: nppmve (A) or Reject (R) pEflSONAL SEflVICE CONTRACTS MUST ANSWEii TXE FOLLOWING �UESTIONS: _ PLANNINCa COMMISSION _ CIVIL SERVICE CAMMISSION �� Has this persoMirm ever worked under a contract for this department? _ CIB COMMffTEE YES NO 2. Has this person/firm ever been a ciry employee? __ STAFF — YES NO _ DISTRiC7 CoURT _ 3. Does this person/firm possess a skill not normally possessed by any current city employee? SUPPORTSWHICHCOUNC1lOBJECT7VE4 VES NO Explain all yes answers on separete sheet and attach to green sheet INITIATING PROBLEM, ISSUE, OPP�FTUNITV (Who, Whe[, When. Whera, Why): ADVANTAGESIFAPPROVED: DISADVANTAGES IFAPPflOVED: � �;3^v!:wf�>sy � � 7 i.�: �Z:i�r a��a � 3 i��7 ,a.. - �.� DISADVANTAGES IF NOT APPROVED TO7AL AMOUNT OF THANSAC710N $ COST/REVENUE BUDGETED (CIRCLE ONE) YES NO FUNDIfBG SOURCE AC7IVITY NUMBER FINANCIAL INFORFSATION: (EXPLAIN) OFFICE OF Tf� CITY ATTORNEY Peg Birk Ciry Attorney CI'I`Y OF SAINT PAUL Nome Colemml, Mayar Civil Division 400 Ciry Hall IS i7est KeAagg Blvd Samt PauZ M"rmlesota 35102 qr'I-�o0 Telephone: 612 266-B7I0 FarsuniJe: 671298-5619 June 12, 1997 William Orth Attorney at Law 247 3rd Avenue South Minneapolis, Minnesota 55415 RE: All licenses held by Paul George Damico d/b/a Paul's Lounge, Inc. for the premises located at 1045 Hudson Road License ID No.: 52789 Our file Number; G97-0094 Dear Mr. Orth: Please take notice that a hearing concerning the above-named establishment has been scheduled for 4:30 p.m., Wedaesday, June 25, 1997 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 consideration. This is an uncontested hearing, in that the facts contained in the Notice of Violation letter have not been disputed. You will have an opportunity at the Council hearing to present oral and/or written remarks as to the penalty, if any, to be imposed. The recommendation of the licensing office is for a three day suspension of the licenses. If you have any questions, please call me at 266-8710. Very truly yours, l/ ��z,l.,,u�_ Vir i 'r�almer g Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Christine Rozek, LIEP Kathy Smith, Community Organizer, Dayton's Bluff Center for Civic Life, 281 Maria Ave., St. Paul, MN 55106 ct�-�oa UNCONTESTED LICENSE HEARING Licensee Name: Paul's Lounge, Inc. d/b/a Paul's Lounge, Inc. Address: 1045 Hudson Road Council Hearing Date: June 25, 1997 Violation: Discharge of a Firearm within the City MN Stat. §609.66 St. Paul Legislative Code §225.10 Faifure to Notify the Chief of Police in Writing of the Existence of a Firearm on the Licensed Premises St. Paul Legislative Code §409.085 Date: December 7, 1996 Place: Licensed Premises Recommendation of Assistant City Attomey on behatf of client, Office of License, Inspections and Environmental Protection: Three (3) Day Suspension of all Licenses Attachments: 1. Proposed resolution 2. Follow-up letter to attorney 3. Memo from Chief Finney 4. Notice of Violation 5. License information 6. Police Report CN 96-192-213 OFFICE OF Tf� CITY ATTORNEY Peg Birl� Ciry Attorney CITY OF SAINT PAUL Norm Cokman, Mayor Civil Division 400 Ciry Hal1 IS West Kellogg Blvd Sab�t Pau{ Mmnesom 55701 1 ( �V OO Telephone: 672 266-8770 Facsimi7e: 611298-5619 May 13, 1997 William Orth Attorney at Law 247 3rd Avenue.South Minneapolis, MN 55415 RE: All licenses held by Paul George Damico, d/b/a Paul`s Lounge, for the premises at 1045 Hudson Road License ID # 52789 Dear Mr. Orth: We have had several telephone conversations regarding the pending adverse action against the licenses held by your client at the above-referenced establishment, but to date there has been no final decision conveyed about how Mr. Damico wishes to proceed in this matter. As you know, your client was sent a Notice of Violation dated February il, 1997 regarding an incident from December 7, 1996, detailed in Saint Paul Police Report #96-192-213. The notice alleged a violation of Minn. Stat. §609.66 and Saint Paul Legislative Code §225.10 as a result of Mr. Damico firing a gun into the air four times to scare away people suspected of breaking into an auto. Police noted that Mr. Damico had been drinking.' The Notice of Violation offered two alternatives; if your client wishes to admit the violation, the matter can be scheduled before the City Council to determine the appropriate penalty. If he wishes to deny the violation, the matter can be scheduled in front of an administrative law judge for a hearing, but will go to City Council for final action. We have discussed that the recommendation of the Office of License, Inspections and Environmental Protection will be for�a three day suspension, or an alternative fine in the amount of $2,000. This is onlv a recommendation, and the City Council always has the final right to determine the appropriate penalty. Finally, I believe that I mentioned the fact that the Notice of Violation did not include the additional violation of §409.085 of the Saint Paul Legislative Code which requires the holder,of an on-sale intoxicating liquor license to notify the chief of police in writing o£ any firearms kept on or within the licensed premises. a�-�o A check with the Saint Paul Police Department shows that there is no such notification on file for the firearm used by Mr. Damico. I believe that it is time for your client to make a decision on how he wishes to proceed with this matter. I would appreciate hearing from you by Friday, May 23, 1997 as to whether you are requesting a hearing, or are willing to admit the violation and have the matter heard before the Saint Faul City Council. Sincerely, � ��/� `� �i,/ru�/l � (�� i """�` Virginia D. Paimer Assistant City Attorney cc: Robert Kessler, Director of LIEP Christine Rozek, Depu�y Director of LIEP N q� _ �oo lnterdepartmental Memorandum CITY OF SAINT PAUL ^ � �.�� APR Og �J7 � `�' T � ��ORNEY T0: Virginia Palmer City Attomey's Office FROM: Chief Williatn F r��e,+� ) Police Departme �� SUSJ: Notice of Firearms Kept in Licensed On-Sale Liquor Establishments DATE: Apri17, 1997 I received your letter asking if two individuals have contacted the Saint Paul Police Department to give notification that there is a fireazm on the premises. These individuals are: 1. Paul Damico (Paul's Lounge) 2. Terry Englund (Badger Baz) Please be advised that we show no record of a written notification from these persons. If they orally notified an employee of this department, this is not on record. WKF/acs � � OFFICE °.� TF� CITY ATTORNEY q� -�oo CITY OF SAINT PAUL Norm Cokmml, Mayor Civi! Division a00 Ciry HaII 15 West Ke[logg Blvd Saint PauZ Minnesom 55701 Tekphone: 671 166-8 71 0 Facsimile: 612 298-5619 February 11, 1997 NOTICS OF VIOLATION Paul George Damico Paul's Lounge, Inc. 1045 Hudson Road Saint Paul, MN 55106 RE: All Licenses held by Paul's Lounge, Inc., d/b/a Paul's Lounge, for the premises at 1045 Hudson Road License ID #: 52789 • Dear Mr. Damico: The Director of the Office of License, Inspections and Environmental Protection will recommend that adverse action be taken against the licenses held at the above-named location based on the following information: On December 7, 1996 at approximately 7:34 p.m. police were sent to respond to a call o£ shots fired in the alley behiad Paul`s Lounge. After inveatigatioa, the police responding to the scene determined that you had fired a Smith & Wesson .38 caliber gun iato the air four timea to scare acvay people suspected of breaking iato aa auto belongiag to a bar patroa. The officers noticed that you had beea drinkiag at the time they talked to you. This behavior is a violation of Miaa. Stat. §609.66 aad Saiat Paul Legislative Code § 225.10. If you do not dispute the above facts, please send me a letter ta that effect so that the matter can be scheduled before the City Council for a hearing on the appropriate penalty, if any, to impose. You will be allowed to speak on your behalf at that hearing_ If you believe that the facts stated above are in error, you are entitled to an evidentiary hearing before an administrative law judge. In that event, you would receive a notice of hearing, with the date, time and place of the hearing and the name of the � Notice of Violation February 11, 1997 Page 2 �.� � � -� administrative law judge. The notice of hearing would give you additional information about the procedures to be followed at that hearing. Plea� let me know in writing no later than Monday, February 24, 1997 how you wish to proceed. If you have any questions about these options, feel free to contact me at 266-8710. Sincerely, � G� �:�� ( ��2 Virgiriia D. Palmer Assistant City Attorney cc: Robert Kessler, Director of LIEP Christine Rozek, Deputy Director of LIEP Kathy Smith, Community Organizer, Dayton's'Bluff Center for Civic Life, 281 Maria Avenue, Saint Paul, 55106 � � i �� STATE OF MINNESOTA COUNTY OF F2AMSEY ss. AFFIDAVIT OF SERVICS $Y MAIL JOANNE G. CLEMENTS, being first duly swom, deposes and says that on February 12, 1997, she served the attached NOTICE OF VIOLATION on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Paul George Damico Paul's Lounge, Inc. 1045 Hudson Road St. Paul, MN. 55106 Paul George Damico 1945 Oakdale, #302 West St. Paul, MN. 55118 (which is the last known addresses the same, with postage prepaid, in Paul, Minnesota. Subscribed and sworn to before me this 12th day of Februar , 1997. a Pub 'c . . G KATHRYN J. �AcLAUG!-'' IN ouarPUeuc-�,r,:�eso:a � �� RAif 5 EY COUNTY tdy Comm. Expires Jan. 37, 2ppp of said person) and depositing the United States mails at St. q� d�a I.,ic ID ................... STAT ..................... Business Name............ Doing Business As........ Address .................. Zip ...................... E� Date ..............••- License Name ............. NOTE AREA ................ Bond Policy Number....... Bond Company ............. Bond Effective Date...... Bond Ea:piration Date..... Insurance Carrier........ Ins. Policy Number....... Insurance Effective Date. Ins. Expiration Date..... 'Associated Stock Holder.. 52789 AC PAUL'S LOUNGE INC PAUL'S LOLR3GE INC 1045 FiUDSON ROAD 55106 12/O1/97 GAMBLING LOCATION (CLASS C) LIQ-ON SALE-100SEAT5/LESS-C SUNDAY ON SALE LIQUOR RESTAURANT (B)-MORE THAN 12 SEATS 12902 PH NOTICE SENT 10/20/94 SET 11/30/94 22 EMAIL, 105 MAILED 11/30/94 PH ON APPN FOR NEW ON SALE LIQUOR-C, SUNDAY ON SALE LIQUOR, RESTAURANT-B, AND GAMBLING LOCATION-C LICENSE APP'D C.F. #94-1725 1996-7o DISC AGREEMENT RECEIVED--I,AP-LIC MOUNT VERNON FIRE INS CO CL2083302 12/17/96 12/O1/97 PAUL G DAMICO KATHRYN L DAMICO Dealer No ................ Tax Id ................... 3939448 Worker Comp Exp Date..... 12/O1/95 Telephone ................ 774-1099 aa9e � or � �a v� ST.PAULPOUCE DEPARTMENT � GENERAL REPORT = ,s�s� �oyG w�kzr`-�r-[0 Time & Date of Occurtence: G / pccurted [� At Q Between: �3 / hrs. on �� a " and /C7U ��ti BOOKED C_ r %'�.1 r -L. t� >oyS u _ hrs. on L. �j�`t— S�- Disposition: DAIVIICO. PAUL GEORGE (022340) W/M 1945 OAKDALE #302, WEST SAINT PAUL MN 55118_ DEC 30 1�96 CHARGE: DANGEROIIS DISCHARGE OF FIREARM�� p�� - - - -- --- A SQD 398 (CAMPBELUSHOEMAI�R) SENT TO 1046 WA�FIELD (ALLEI� ON SHOTS FIREI}. THE COMMEidTS FROM DISPATCH REGARIIING CALL WERE THAT; WHITE MALE, WEARING BLACK LEATf�R 7ACKET, HEAVEY BUII.D, SHORT IN HEIGHT, FIRED APPROX. 4 SHOTS FROM A REVOI,VEFt AND TI�N WENT INTO �AUL' S BAR - (1045_OLDFi[JDSOAI) --- - --- ------------------ - -- PRIOR TO OUR ARRIVAL OTI�R SQUADS WERE REPORTING 2-3 B/M'S RUI�TNING -- FROIvt AREA OF SHOTS FiR£D: W� Tf�N LEARNED A COMP FROM PAUL'S -� _ BAR STATED THAT B/M'S WERE BREAKiNG INTO A VEHICLE PARKED __ __ BEHIIdD PAUL'S BAR 1N ALLEY. SQD 335 (BRI'NB) AND SQD 332 (SAFFORD) BEGAN - - -- - -T� CHECK INTO-'i'f� B/A�S FL�EING AREt�- ---- - - -- - -- WE HAD DISPATCH CALL INTO Tf� BAR AND ASK AN EMPLOYEE TO STEP --�-- OUTSIDE TO TAT,TC TO WE WANTED TO CHECK WITH "A EMPLOYEE BEFORE --- ENTERING THE BAIi TO FReID. QULIETHERE_WAS A PARTY INSID�TIiE BAR _- ----_ -- MATCHING TfiE DESCRIPTION OF Tf� PERSON WHO FIRED TFIE SHOTS. --- -�--- MOMENTS LATER; Si�SPECT=PAi� DAMICO (022340�; CAIvS� OUT Ti� FROi�iT DOOR. - OF Tf� BAR. SUSPECT-DAMICO WAS WEARING A BLK LEATf�R JACKET ---------- ------- ------ ---- - ----- - ---- WAS OF HEAVEY BUII.D AND FIVE FEET SIX INCHES TALL. OFC. SHOfiD�IAKER ANll I(CAMP$ELL) BO�'ti F�� THAT- SUSPECT D�f IGO �'Tf-'TE� DESERIA�'I0�1 OF THE - SHOTS FIRED SUSPECT. SUSPECT-DAMICO INFORMED US HE WAS TF� OWNER OF - TI� BAR. WE TI�EN�SI�ll Ti�i HE KNEW ANYTf�NG ASOIJT SHOTS -- FII2ED-II�LTNF RRAR p HTC BAR, ��pi "rFD ��.Ip°�. FOR OUR SAFETY I PATTED _ HIM DOWN FOR ANY WEAPONS AI1D PLACED FIIM IN Tf� SQUAD WHILE WE - CONTINUED OT7R I3�iVESTif3112'ifl2�: - - — -------- - — -- _ I WENT TO CHECK WITFi OTHER OFFICERS IN ALLEY TO SEE WHAT FURTf�R INFO HAD BEEN GATHERED. NONE OF TI� OT�R OFFICERS WERE ABLE TO GAT$ER AN4''�'HINE'i?VE�, WITNESSES ACCOi�N?'S OF WHAT HAPPEN$II WERE NOT CONSISTENT. I SPOKE WITf3; TERRY KIRWAN (052251) 576 WHITE BEAR AVE., #735-492%, HE STATED IT WAS HIS VEHICLE THAT Tf� B/M'S WERE TRYING TO No.: �❑ Rob Juv ❑ Coord ❑ ID ❑ Lab Burg ❑ Thert Prop � CAU ❑ f8F ❑ Auto Aec Re�n9 C..�rCX�Z� � O.T.: Typist R. : �Yes � No Team ❑ Sex ❑ flptr ❑ Other ❑ CO ❑ HumServ �-! � � -� 0 p,sc,�9l?6e• r Time of Arrest � a�� 3us. Phone: Home Phone: �"/l-IlI l Reeords � Crime Lab Loeker Crime Lab .� Property Room 0 z .� � - I + � W � / ` P 62i-9� / � °'°' � � ° � ST. PAUL POIICE DEPARTMENT � 1 �� a n SUPPLEMENTAL REPORT I/�CONTINUATION OF: � ORIGINAL REPORT I SUPPLEMEN7AL REPORT BREAK INTO. WI-�N ASKED ABOUT TF� SHOTS BEING FIRED HE FIRST STATED THAT TF� B/M'S FiAD TF� GIJN, LATER HE SAID HE DIDN'T KNOW OFG SHO�AKF'R WENT BACK TO OUR SQi.T1�D TO A^vAu';T T'niiiWfTH SL'SPECT- _ DAMICO. I(CAMPBELL) TOLD HIlbf THAT HE WAS NOT UNDER ARREST AND THAT HE DIDN'T HAVE TO TALK WITH US. WE Tf�N II�'OitMED HIM THAT WE FELT HE FIRED Tf� SHOTS AT TI� SUSPECTED AUTO THIVES AND THAT WE NEEDED HIS GUN. WE INFORMED HIM TIiAT DUE TO HIS APPARENT INTOXICATION LEVEL (F� APPEARED VERY INTOX�CA'FED, BI,OOD SIiOT E�'ES, S'iRONG ODOR OF-- ALCOHOL, SLIGHT SLURRED SPEECI� AND TE� FACT HE IS TI� OWNER OF Tf� Bt1R WHICH IS A CITY LICENSED ESTABLISFiMENT, FOR VVFIICIi WE BEI.IEVED A HANDGLII+I WAS SOMEWHERE IN THE BAR ANII COULD BE A OFFICER SAFETY- _ AND PUBLIC SAFETY ISSUE, THAT iF WE DID NOT RECEIVE Tf� GUN, WE WOULD CLOSE THE BAR FOR TI� NIGHT: SUSPECT-DANIICO TE�N ATiREED TO TURN OVER_HIS. GUN�HHLED_US_TO_Tt� BASEMENT QF TF� BAR AND POINTED TO A__ FURNANACE, I(CAMI�BELL•) RECOVERED Tf� GUN, WHICH WAS A SIvIITH&VVESSOid -------- — ---- ---- WE AGAIN ASKED SUSPECT-DAMICO WHAT HAPPENED. BEFORE FIE COULD -----DAMICOREPLIED"�Id>TEI�YA"A�TD-STATED-��'OLLOWINCr, --- -HE CAME UP FROM BASEMENT AND COULD SEE FROM TF� OPENED BACK DOOR - i A COUPTE OFB/1GI' SBRStII�G INT6APATROITS� — ---_-- I� VvEN'r QIZTSIDFAN� �r.� AZTI�.AZT�'HI.CH_TIIvIE QNE OF THE B/M'S PULLED OUT A GUN AND STUCK TT TO HIS IiEAD. =DtiMI�O HII��f"Pf`BET3�i�BE it��' ; T'f�$JM MttH�1�rTHREA� 0� ----- --- SHOOTING DAMICO, WHO Tf�N TURNED AND RAN INTO BAR. _----- -HE WENT ON TO STATE THAT HE WENf BEHIIdD THE BAR TO A SAFE GOT HIS --- GLTNANIIRAI+IOUTSIDE - TOWARDS BARL AND FIRED FOUR ROUNDS TN T E � AIlt TO SCARE Tf� AUTO THIEFSUSP�CTS. ---------- - ------------- - � -Wf�LASI�D IE HE �AS FEAREUL_OE HIS. LIFB W�I I�WENTBACK QUTSIDE HE STATED "NO". -Wi�N iiE DiDIQ'T CAi.i: PO�IC�HE REP��II "9I YDON'T WORK". - NOTE; AT NO TIIv1E DID SUSPECT-DAMICO EVER ASK FOR HIS ATTORNEY OR ASK - THAT- W� i�TE3�T-ALI��'O HIIvf �JR'�HER; HI�STATEM�i�'f�W£R�V4bU3d'FARY. WE TF�N TRANSPORTED SUSPECT-DAMICO TO HQ FOR BOOKING. SUSPECT- DAMICO WAS OFFEFtED A BREATHALY ZER, HOWEVER fiE REFUSED TI� OPTTON. _ OFFICER SHOEMAKER PLACED -THE FOLLOA'ING INTO EVIDENCE;._�_ -_ -_- - ITEM #1- SMITH&WESSON 38 CALIBER REVOLVER, SERiAI. #8J8154, W/5 ROUNDS T LIVE; 4 SPfiNT IIVTO CLL #4- ----- ---- -------- - ITEM #2- MENS BLK LEATf�R_JACKET,INTO PL #35.____ _ ____ __ __ _ . _ sistin Officer. � G /�� Emp. IJO.: Reporting Otf r v�/-YY7l IC �32 o t'. �j�/pgG`� �'/� I I �Yes p"o I I I ❑ CHF ❑ Hom ❑ Rob ❑ Jw ❑ Coord ❑ ID ❑ t.ab ❑ Rec ❑ Team ❑ Sex ❑ Rptr ❑ Oiher ❑ D/C ❑ Burg ❑ Thek Q Prop [] CAU ❑ F&F 0 Auto ❑ DAO ❑ CA ❑ HumServ � T� -- ? � -- I � _ � _ � .- � W � � � � Q S � � PM 6Y2-93R r � �`� - ��0 My Name is Gary Edson. I reside at 680 Duluth Street in East Saint Paul, MN 55106. I am employed at Perennial Properties 214 E 4th St Saint Paul, MN 55101. I was at Paul's bar on the evening of December 7, 1996. I had stopped in the bar and asked Paul Damico to cash my pay check of nearly $800.0o dollars. Paul Damico took the check into the basement and obtained cash. While he was walking back up the stairs I heard him yell someth?ng to the effect of 'Hey what are you doing; get out of here' and something else referring to Terry Kir*�an's truck. Paul then ran outside towards the alley. This was in clear view from where I was seated in the bar. I could clearly see my money in Paul Damico's hand as he was exiting the bar. At this point I also saw one young black male jump up and point a silver semi automatic pistol at Paul Damico's head. Thinking that my money was in jeopardy I got Terry Kirwan and ran outside. At this point Paul Damico was scurrying back in the rear door. Once outside I could only see one black male running up the alley. Terry Kirwan and I chased him up the alley. In the vicinity o£ the alley and the side street I realized there was another young black male. I yelled at them to return the items from the truck that they had just taken and for this we would not phone the police. About that time a third young black male exited the alley from across the street and threw a plastic grocery bag which contained items removed from Terry's Truck in it. We retrieved this bag and were about to return to the bar a short distance away when the three young black males started advancing towards us yellinq and arquing with Terry Kirwan. At this point, I saw the same young black male who had a gun pointed at Paul Damico in the rear of the bar pull out his gun from his waist area and started waving it towards Terry Kirwan and myself. About this time I heard several gun shots and the three black males ran away. I did not see who Pired the gun as I was concentrating on the young black male in front of ine who also had a gun. I later learned that Paul Damico had fired several shots in the air to scare the three young black males away. PETEF J. DAHL NOTARY �`.15LIr - MIISNFSOTA Mv Gor ^�: �. � ; czPlfe4 ' ,� z000 ,!�.� / ._s -a o-�% �%;��'-z,� r k , My Name is Terrance Kirwan. I reside at 576 White Bear Ave in East Saint Paul MN. I am employed at North Saint Paul Manu£acturing located at 620 Simms in Saint Paul. I was at Paul's Bar on December 7, 1996. On this evening there was a christmas party as well as a gift exchange. Shortly after the gift exchange I had placed the gift items my wife and I received in my truck; one of the items was a robe for my wife and the other was a pair of leather gloves for me. While seated in the bar I was approached by Gary Edson who informed me that someone was in the process of breaking into my truck. I followed Gary Edson out the door. Just prior to getting to the door I passed Paul Damico who had just ran inside from the back alley area. Upon reaching the outside I followed Gary Edson up the alley. Once at the corner I realized that there were several young black males carrying something from my truck. I caught one of them and demanded my belongings back. About this time another black male threw my items out from behind the alley where he was hiding. I picked up my items and started heading back towards the bar, recovering my wives robe and only one of my leather gloves. About this time a bottle was thrown at me from one of the black males. They began to argue with me and became physically aggressive. The bottle passed inches from my head and I was unable to determine which one of the young black males threw it. I then observed one of the young black males who was also the most vocal waving a silver colored pistol in the direction of Mr Edson and myself. About this time I heard several gun shots and the three black males who were standing in front of ine at that time turned and ran away. .�" s � /~ � �^ - ? f /%i � f �� '-" �L �.-�� 7� pE7ER a• �A �s�� ' Council File # � —�Qp Green Sheet # �� J� �Rt�l�!��. Presented By Referred To Committee: Date RESOLVED, that the Liquor On Sale (C), Sunday On Sa1e Liquor, Restaurant (B) and Gambling Location (C) licenses held by Paul's Lounge, Inc., d/b/a Paul's Lounge, Inc. for the premises at 1045 Hudson Road in Saint Paul aze hereby suspended for a period of three (3) days, commencing on July 16, 1997, for the violation of Dischazging a Fireann within the City, and failure to notify the Cluef of Police in writing of the existence of a firearm on the licensed premises. This Resolution and the action taken above are based upon the facts contained in the December 7, 1996 police report, the February 11, 1997 Notice of Violation letter to the licensee, and such azguments as may haue been presented to the Council at the public hearing. Requested by Department of: By: � � Approved by Mayor: Date �/�- S 7 BY. � ��%� RESOLUTION CITY OF SAINT PAUL, MINNESOTA .. By: 1�,�� "��,� Form Approved by City Attorney -° � i � �� By: ' � ) � C�-I / by Mayor for Submission to sy: Adopted by Council: Date q Adoption Certified by Counci Secretary ��3 DEMRTMENTIOFFlCEICOUNCIL OATE INRIATE� � � ` � License Inspections Env. Pzotection June 13, 1997 G REEN SH E E CONTACTPEFiSpN & PHONE INITIAIJDATE INRIAVDATE �DEPARTMENTDIRECTOfl �CITYCAUNdL ChiiStine Rozek, 266-9108 nss�en O CRY ATTOFiNEY � CT' CLEflK MU5T BE ON COUNCILAGENDA BY (DAT� p0U77NG � BUDGET DIpECTOR � FIN. & MGT. SERVICES Dlfl. June 25, 1997, Public H OPDER � Mpypp �OR ASSISTANT) � TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ACfION REQUESTED: Concerning adverse acrion against licenses held by Paul George Damico, ABA Paul's Lounge, 1045 Hudson Road. (Uncontested) aECAMMENDATIONS: nppmve (A) or Reject (R) pEflSONAL SEflVICE CONTRACTS MUST ANSWEii TXE FOLLOWING �UESTIONS: _ PLANNINCa COMMISSION _ CIVIL SERVICE CAMMISSION �� Has this persoMirm ever worked under a contract for this department? _ CIB COMMffTEE YES NO 2. Has this person/firm ever been a ciry employee? __ STAFF — YES NO _ DISTRiC7 CoURT _ 3. Does this person/firm possess a skill not normally possessed by any current city employee? SUPPORTSWHICHCOUNC1lOBJECT7VE4 VES NO Explain all yes answers on separete sheet and attach to green sheet INITIATING PROBLEM, ISSUE, OPP�FTUNITV (Who, Whe[, When. Whera, Why): ADVANTAGESIFAPPROVED: DISADVANTAGES IFAPPflOVED: � �;3^v!:wf�>sy � � 7 i.�: �Z:i�r a��a � 3 i��7 ,a.. - �.� DISADVANTAGES IF NOT APPROVED TO7AL AMOUNT OF THANSAC710N $ COST/REVENUE BUDGETED (CIRCLE ONE) YES NO FUNDIfBG SOURCE AC7IVITY NUMBER FINANCIAL INFORFSATION: (EXPLAIN) OFFICE OF Tf� CITY ATTORNEY Peg Birk Ciry Attorney CI'I`Y OF SAINT PAUL Nome Colemml, Mayar Civil Division 400 Ciry Hall IS i7est KeAagg Blvd Samt PauZ M"rmlesota 35102 qr'I-�o0 Telephone: 612 266-B7I0 FarsuniJe: 671298-5619 June 12, 1997 William Orth Attorney at Law 247 3rd Avenue South Minneapolis, Minnesota 55415 RE: All licenses held by Paul George Damico d/b/a Paul's Lounge, Inc. for the premises located at 1045 Hudson Road License ID No.: 52789 Our file Number; G97-0094 Dear Mr. Orth: Please take notice that a hearing concerning the above-named establishment has been scheduled for 4:30 p.m., Wedaesday, June 25, 1997 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 consideration. This is an uncontested hearing, in that the facts contained in the Notice of Violation letter have not been disputed. You will have an opportunity at the Council hearing to present oral and/or written remarks as to the penalty, if any, to be imposed. The recommendation of the licensing office is for a three day suspension of the licenses. If you have any questions, please call me at 266-8710. Very truly yours, l/ ��z,l.,,u�_ Vir i 'r�almer g Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Christine Rozek, LIEP Kathy Smith, Community Organizer, Dayton's Bluff Center for Civic Life, 281 Maria Ave., St. Paul, MN 55106 ct�-�oa UNCONTESTED LICENSE HEARING Licensee Name: Paul's Lounge, Inc. d/b/a Paul's Lounge, Inc. Address: 1045 Hudson Road Council Hearing Date: June 25, 1997 Violation: Discharge of a Firearm within the City MN Stat. §609.66 St. Paul Legislative Code §225.10 Faifure to Notify the Chief of Police in Writing of the Existence of a Firearm on the Licensed Premises St. Paul Legislative Code §409.085 Date: December 7, 1996 Place: Licensed Premises Recommendation of Assistant City Attomey on behatf of client, Office of License, Inspections and Environmental Protection: Three (3) Day Suspension of all Licenses Attachments: 1. Proposed resolution 2. Follow-up letter to attorney 3. Memo from Chief Finney 4. Notice of Violation 5. License information 6. Police Report CN 96-192-213 OFFICE OF Tf� CITY ATTORNEY Peg Birl� Ciry Attorney CITY OF SAINT PAUL Norm Cokman, Mayor Civil Division 400 Ciry Hal1 IS West Kellogg Blvd Sab�t Pau{ Mmnesom 55701 1 ( �V OO Telephone: 672 266-8770 Facsimi7e: 611298-5619 May 13, 1997 William Orth Attorney at Law 247 3rd Avenue.South Minneapolis, MN 55415 RE: All licenses held by Paul George Damico, d/b/a Paul`s Lounge, for the premises at 1045 Hudson Road License ID # 52789 Dear Mr. Orth: We have had several telephone conversations regarding the pending adverse action against the licenses held by your client at the above-referenced establishment, but to date there has been no final decision conveyed about how Mr. Damico wishes to proceed in this matter. As you know, your client was sent a Notice of Violation dated February il, 1997 regarding an incident from December 7, 1996, detailed in Saint Paul Police Report #96-192-213. The notice alleged a violation of Minn. Stat. §609.66 and Saint Paul Legislative Code §225.10 as a result of Mr. Damico firing a gun into the air four times to scare away people suspected of breaking into an auto. Police noted that Mr. Damico had been drinking.' The Notice of Violation offered two alternatives; if your client wishes to admit the violation, the matter can be scheduled before the City Council to determine the appropriate penalty. If he wishes to deny the violation, the matter can be scheduled in front of an administrative law judge for a hearing, but will go to City Council for final action. We have discussed that the recommendation of the Office of License, Inspections and Environmental Protection will be for�a three day suspension, or an alternative fine in the amount of $2,000. This is onlv a recommendation, and the City Council always has the final right to determine the appropriate penalty. Finally, I believe that I mentioned the fact that the Notice of Violation did not include the additional violation of §409.085 of the Saint Paul Legislative Code which requires the holder,of an on-sale intoxicating liquor license to notify the chief of police in writing o£ any firearms kept on or within the licensed premises. a�-�o A check with the Saint Paul Police Department shows that there is no such notification on file for the firearm used by Mr. Damico. I believe that it is time for your client to make a decision on how he wishes to proceed with this matter. I would appreciate hearing from you by Friday, May 23, 1997 as to whether you are requesting a hearing, or are willing to admit the violation and have the matter heard before the Saint Faul City Council. Sincerely, � ��/� `� �i,/ru�/l � (�� i """�` Virginia D. Paimer Assistant City Attorney cc: Robert Kessler, Director of LIEP Christine Rozek, Depu�y Director of LIEP N q� _ �oo lnterdepartmental Memorandum CITY OF SAINT PAUL ^ � �.�� APR Og �J7 � `�' T � ��ORNEY T0: Virginia Palmer City Attomey's Office FROM: Chief Williatn F r��e,+� ) Police Departme �� SUSJ: Notice of Firearms Kept in Licensed On-Sale Liquor Establishments DATE: Apri17, 1997 I received your letter asking if two individuals have contacted the Saint Paul Police Department to give notification that there is a fireazm on the premises. These individuals are: 1. Paul Damico (Paul's Lounge) 2. Terry Englund (Badger Baz) Please be advised that we show no record of a written notification from these persons. If they orally notified an employee of this department, this is not on record. WKF/acs � � OFFICE °.� TF� CITY ATTORNEY q� -�oo CITY OF SAINT PAUL Norm Cokmml, Mayor Civi! Division a00 Ciry HaII 15 West Ke[logg Blvd Saint PauZ Minnesom 55701 Tekphone: 671 166-8 71 0 Facsimile: 612 298-5619 February 11, 1997 NOTICS OF VIOLATION Paul George Damico Paul's Lounge, Inc. 1045 Hudson Road Saint Paul, MN 55106 RE: All Licenses held by Paul's Lounge, Inc., d/b/a Paul's Lounge, for the premises at 1045 Hudson Road License ID #: 52789 • Dear Mr. Damico: The Director of the Office of License, Inspections and Environmental Protection will recommend that adverse action be taken against the licenses held at the above-named location based on the following information: On December 7, 1996 at approximately 7:34 p.m. police were sent to respond to a call o£ shots fired in the alley behiad Paul`s Lounge. After inveatigatioa, the police responding to the scene determined that you had fired a Smith & Wesson .38 caliber gun iato the air four timea to scare acvay people suspected of breaking iato aa auto belongiag to a bar patroa. The officers noticed that you had beea drinkiag at the time they talked to you. This behavior is a violation of Miaa. Stat. §609.66 aad Saiat Paul Legislative Code § 225.10. If you do not dispute the above facts, please send me a letter ta that effect so that the matter can be scheduled before the City Council for a hearing on the appropriate penalty, if any, to impose. You will be allowed to speak on your behalf at that hearing_ If you believe that the facts stated above are in error, you are entitled to an evidentiary hearing before an administrative law judge. In that event, you would receive a notice of hearing, with the date, time and place of the hearing and the name of the � Notice of Violation February 11, 1997 Page 2 �.� � � -� administrative law judge. The notice of hearing would give you additional information about the procedures to be followed at that hearing. Plea� let me know in writing no later than Monday, February 24, 1997 how you wish to proceed. If you have any questions about these options, feel free to contact me at 266-8710. Sincerely, � G� �:�� ( ��2 Virgiriia D. Palmer Assistant City Attorney cc: Robert Kessler, Director of LIEP Christine Rozek, Deputy Director of LIEP Kathy Smith, Community Organizer, Dayton's'Bluff Center for Civic Life, 281 Maria Avenue, Saint Paul, 55106 � � i �� STATE OF MINNESOTA COUNTY OF F2AMSEY ss. AFFIDAVIT OF SERVICS $Y MAIL JOANNE G. CLEMENTS, being first duly swom, deposes and says that on February 12, 1997, she served the attached NOTICE OF VIOLATION on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Paul George Damico Paul's Lounge, Inc. 1045 Hudson Road St. Paul, MN. 55106 Paul George Damico 1945 Oakdale, #302 West St. Paul, MN. 55118 (which is the last known addresses the same, with postage prepaid, in Paul, Minnesota. Subscribed and sworn to before me this 12th day of Februar , 1997. a Pub 'c . . G KATHRYN J. �AcLAUG!-'' IN ouarPUeuc-�,r,:�eso:a � �� RAif 5 EY COUNTY tdy Comm. Expires Jan. 37, 2ppp of said person) and depositing the United States mails at St. q� d�a I.,ic ID ................... STAT ..................... Business Name............ Doing Business As........ Address .................. Zip ...................... E� Date ..............••- License Name ............. NOTE AREA ................ Bond Policy Number....... Bond Company ............. Bond Effective Date...... Bond Ea:piration Date..... Insurance Carrier........ Ins. Policy Number....... Insurance Effective Date. Ins. Expiration Date..... 'Associated Stock Holder.. 52789 AC PAUL'S LOUNGE INC PAUL'S LOLR3GE INC 1045 FiUDSON ROAD 55106 12/O1/97 GAMBLING LOCATION (CLASS C) LIQ-ON SALE-100SEAT5/LESS-C SUNDAY ON SALE LIQUOR RESTAURANT (B)-MORE THAN 12 SEATS 12902 PH NOTICE SENT 10/20/94 SET 11/30/94 22 EMAIL, 105 MAILED 11/30/94 PH ON APPN FOR NEW ON SALE LIQUOR-C, SUNDAY ON SALE LIQUOR, RESTAURANT-B, AND GAMBLING LOCATION-C LICENSE APP'D C.F. #94-1725 1996-7o DISC AGREEMENT RECEIVED--I,AP-LIC MOUNT VERNON FIRE INS CO CL2083302 12/17/96 12/O1/97 PAUL G DAMICO KATHRYN L DAMICO Dealer No ................ Tax Id ................... 3939448 Worker Comp Exp Date..... 12/O1/95 Telephone ................ 774-1099 aa9e � or � �a v� ST.PAULPOUCE DEPARTMENT � GENERAL REPORT = ,s�s� �oyG w�kzr`-�r-[0 Time & Date of Occurtence: G / pccurted [� At Q Between: �3 / hrs. on �� a " and /C7U ��ti BOOKED C_ r %'�.1 r -L. t� >oyS u _ hrs. on L. �j�`t— S�- Disposition: DAIVIICO. PAUL GEORGE (022340) W/M 1945 OAKDALE #302, WEST SAINT PAUL MN 55118_ DEC 30 1�96 CHARGE: DANGEROIIS DISCHARGE OF FIREARM�� p�� - - - -- --- A SQD 398 (CAMPBELUSHOEMAI�R) SENT TO 1046 WA�FIELD (ALLEI� ON SHOTS FIREI}. THE COMMEidTS FROM DISPATCH REGARIIING CALL WERE THAT; WHITE MALE, WEARING BLACK LEATf�R 7ACKET, HEAVEY BUII.D, SHORT IN HEIGHT, FIRED APPROX. 4 SHOTS FROM A REVOI,VEFt AND TI�N WENT INTO �AUL' S BAR - (1045_OLDFi[JDSOAI) --- - --- ------------------ - -- PRIOR TO OUR ARRIVAL OTI�R SQUADS WERE REPORTING 2-3 B/M'S RUI�TNING -- FROIvt AREA OF SHOTS FiR£D: W� Tf�N LEARNED A COMP FROM PAUL'S -� _ BAR STATED THAT B/M'S WERE BREAKiNG INTO A VEHICLE PARKED __ __ BEHIIdD PAUL'S BAR 1N ALLEY. SQD 335 (BRI'NB) AND SQD 332 (SAFFORD) BEGAN - - -- - -T� CHECK INTO-'i'f� B/A�S FL�EING AREt�- ---- - - -- - -- WE HAD DISPATCH CALL INTO Tf� BAR AND ASK AN EMPLOYEE TO STEP --�-- OUTSIDE TO TAT,TC TO WE WANTED TO CHECK WITH "A EMPLOYEE BEFORE --- ENTERING THE BAIi TO FReID. QULIETHERE_WAS A PARTY INSID�TIiE BAR _- ----_ -- MATCHING TfiE DESCRIPTION OF Tf� PERSON WHO FIRED TFIE SHOTS. --- -�--- MOMENTS LATER; Si�SPECT=PAi� DAMICO (022340�; CAIvS� OUT Ti� FROi�iT DOOR. - OF Tf� BAR. SUSPECT-DAMICO WAS WEARING A BLK LEATf�R JACKET ---------- ------- ------ ---- - ----- - ---- WAS OF HEAVEY BUII.D AND FIVE FEET SIX INCHES TALL. OFC. SHOfiD�IAKER ANll I(CAMP$ELL) BO�'ti F�� THAT- SUSPECT D�f IGO �'Tf-'TE� DESERIA�'I0�1 OF THE - SHOTS FIRED SUSPECT. SUSPECT-DAMICO INFORMED US HE WAS TF� OWNER OF - TI� BAR. WE TI�EN�SI�ll Ti�i HE KNEW ANYTf�NG ASOIJT SHOTS -- FII2ED-II�LTNF RRAR p HTC BAR, ��pi "rFD ��.Ip°�. FOR OUR SAFETY I PATTED _ HIM DOWN FOR ANY WEAPONS AI1D PLACED FIIM IN Tf� SQUAD WHILE WE - CONTINUED OT7R I3�iVESTif3112'ifl2�: - - — -------- - — -- _ I WENT TO CHECK WITFi OTHER OFFICERS IN ALLEY TO SEE WHAT FURTf�R INFO HAD BEEN GATHERED. NONE OF TI� OT�R OFFICERS WERE ABLE TO GAT$ER AN4''�'HINE'i?VE�, WITNESSES ACCOi�N?'S OF WHAT HAPPEN$II WERE NOT CONSISTENT. I SPOKE WITf3; TERRY KIRWAN (052251) 576 WHITE BEAR AVE., #735-492%, HE STATED IT WAS HIS VEHICLE THAT Tf� B/M'S WERE TRYING TO No.: �❑ Rob Juv ❑ Coord ❑ ID ❑ Lab Burg ❑ Thert Prop � CAU ❑ f8F ❑ Auto Aec Re�n9 C..�rCX�Z� � O.T.: Typist R. : �Yes � No Team ❑ Sex ❑ flptr ❑ Other ❑ CO ❑ HumServ �-! � � -� 0 p,sc,�9l?6e• r Time of Arrest � a�� 3us. Phone: Home Phone: �"/l-IlI l Reeords � Crime Lab Loeker Crime Lab .� Property Room 0 z .� � - I + � W � / ` P 62i-9� / � °'°' � � ° � ST. PAUL POIICE DEPARTMENT � 1 �� a n SUPPLEMENTAL REPORT I/�CONTINUATION OF: � ORIGINAL REPORT I SUPPLEMEN7AL REPORT BREAK INTO. WI-�N ASKED ABOUT TF� SHOTS BEING FIRED HE FIRST STATED THAT TF� B/M'S FiAD TF� GIJN, LATER HE SAID HE DIDN'T KNOW OFG SHO�AKF'R WENT BACK TO OUR SQi.T1�D TO A^vAu';T T'niiiWfTH SL'SPECT- _ DAMICO. I(CAMPBELL) TOLD HIlbf THAT HE WAS NOT UNDER ARREST AND THAT HE DIDN'T HAVE TO TALK WITH US. WE Tf�N II�'OitMED HIM THAT WE FELT HE FIRED Tf� SHOTS AT TI� SUSPECTED AUTO THIVES AND THAT WE NEEDED HIS GUN. WE INFORMED HIM TIiAT DUE TO HIS APPARENT INTOXICATION LEVEL (F� APPEARED VERY INTOX�CA'FED, BI,OOD SIiOT E�'ES, S'iRONG ODOR OF-- ALCOHOL, SLIGHT SLURRED SPEECI� AND TE� FACT HE IS TI� OWNER OF Tf� Bt1R WHICH IS A CITY LICENSED ESTABLISFiMENT, FOR VVFIICIi WE BEI.IEVED A HANDGLII+I WAS SOMEWHERE IN THE BAR ANII COULD BE A OFFICER SAFETY- _ AND PUBLIC SAFETY ISSUE, THAT iF WE DID NOT RECEIVE Tf� GUN, WE WOULD CLOSE THE BAR FOR TI� NIGHT: SUSPECT-DANIICO TE�N ATiREED TO TURN OVER_HIS. GUN�HHLED_US_TO_Tt� BASEMENT QF TF� BAR AND POINTED TO A__ FURNANACE, I(CAMI�BELL•) RECOVERED Tf� GUN, WHICH WAS A SIvIITH&VVESSOid -------- — ---- ---- WE AGAIN ASKED SUSPECT-DAMICO WHAT HAPPENED. BEFORE FIE COULD -----DAMICOREPLIED"�Id>TEI�YA"A�TD-STATED-��'OLLOWINCr, --- -HE CAME UP FROM BASEMENT AND COULD SEE FROM TF� OPENED BACK DOOR - i A COUPTE OFB/1GI' SBRStII�G INT6APATROITS� — ---_-- I� VvEN'r QIZTSIDFAN� �r.� AZTI�.AZT�'HI.CH_TIIvIE QNE OF THE B/M'S PULLED OUT A GUN AND STUCK TT TO HIS IiEAD. =DtiMI�O HII��f"Pf`BET3�i�BE it��' ; T'f�$JM MttH�1�rTHREA� 0� ----- --- SHOOTING DAMICO, WHO Tf�N TURNED AND RAN INTO BAR. _----- -HE WENT ON TO STATE THAT HE WENf BEHIIdD THE BAR TO A SAFE GOT HIS --- GLTNANIIRAI+IOUTSIDE - TOWARDS BARL AND FIRED FOUR ROUNDS TN T E � AIlt TO SCARE Tf� AUTO THIEFSUSP�CTS. ---------- - ------------- - � -Wf�LASI�D IE HE �AS FEAREUL_OE HIS. LIFB W�I I�WENTBACK QUTSIDE HE STATED "NO". -Wi�N iiE DiDIQ'T CAi.i: PO�IC�HE REP��II "9I YDON'T WORK". - NOTE; AT NO TIIv1E DID SUSPECT-DAMICO EVER ASK FOR HIS ATTORNEY OR ASK - THAT- W� i�TE3�T-ALI��'O HIIvf �JR'�HER; HI�STATEM�i�'f�W£R�V4bU3d'FARY. WE TF�N TRANSPORTED SUSPECT-DAMICO TO HQ FOR BOOKING. SUSPECT- DAMICO WAS OFFEFtED A BREATHALY ZER, HOWEVER fiE REFUSED TI� OPTTON. _ OFFICER SHOEMAKER PLACED -THE FOLLOA'ING INTO EVIDENCE;._�_ -_ -_- - ITEM #1- SMITH&WESSON 38 CALIBER REVOLVER, SERiAI. #8J8154, W/5 ROUNDS T LIVE; 4 SPfiNT IIVTO CLL #4- ----- ---- -------- - ITEM #2- MENS BLK LEATf�R_JACKET,INTO PL #35.____ _ ____ __ __ _ . _ sistin Officer. � G /�� Emp. IJO.: Reporting Otf r v�/-YY7l IC �32 o t'. �j�/pgG`� �'/� I I �Yes p"o I I I ❑ CHF ❑ Hom ❑ Rob ❑ Jw ❑ Coord ❑ ID ❑ t.ab ❑ Rec ❑ Team ❑ Sex ❑ Rptr ❑ Oiher ❑ D/C ❑ Burg ❑ Thek Q Prop [] CAU ❑ F&F 0 Auto ❑ DAO ❑ CA ❑ HumServ � T� -- ? � -- I � _ � _ � .- � W � � � � Q S � � PM 6Y2-93R r � �`� - ��0 My Name is Gary Edson. I reside at 680 Duluth Street in East Saint Paul, MN 55106. I am employed at Perennial Properties 214 E 4th St Saint Paul, MN 55101. I was at Paul's bar on the evening of December 7, 1996. I had stopped in the bar and asked Paul Damico to cash my pay check of nearly $800.0o dollars. Paul Damico took the check into the basement and obtained cash. While he was walking back up the stairs I heard him yell someth?ng to the effect of 'Hey what are you doing; get out of here' and something else referring to Terry Kir*�an's truck. Paul then ran outside towards the alley. This was in clear view from where I was seated in the bar. I could clearly see my money in Paul Damico's hand as he was exiting the bar. At this point I also saw one young black male jump up and point a silver semi automatic pistol at Paul Damico's head. Thinking that my money was in jeopardy I got Terry Kirwan and ran outside. At this point Paul Damico was scurrying back in the rear door. Once outside I could only see one black male running up the alley. Terry Kirwan and I chased him up the alley. In the vicinity o£ the alley and the side street I realized there was another young black male. I yelled at them to return the items from the truck that they had just taken and for this we would not phone the police. About that time a third young black male exited the alley from across the street and threw a plastic grocery bag which contained items removed from Terry's Truck in it. We retrieved this bag and were about to return to the bar a short distance away when the three young black males started advancing towards us yellinq and arquing with Terry Kirwan. At this point, I saw the same young black male who had a gun pointed at Paul Damico in the rear of the bar pull out his gun from his waist area and started waving it towards Terry Kirwan and myself. About this time I heard several gun shots and the three black males ran away. I did not see who Pired the gun as I was concentrating on the young black male in front of ine who also had a gun. I later learned that Paul Damico had fired several shots in the air to scare the three young black males away. PETEF J. DAHL NOTARY �`.15LIr - MIISNFSOTA Mv Gor ^�: �. � ; czPlfe4 ' ,� z000 ,!�.� / ._s -a o-�% �%;��'-z,� r k , My Name is Terrance Kirwan. I reside at 576 White Bear Ave in East Saint Paul MN. I am employed at North Saint Paul Manu£acturing located at 620 Simms in Saint Paul. I was at Paul's Bar on December 7, 1996. On this evening there was a christmas party as well as a gift exchange. Shortly after the gift exchange I had placed the gift items my wife and I received in my truck; one of the items was a robe for my wife and the other was a pair of leather gloves for me. While seated in the bar I was approached by Gary Edson who informed me that someone was in the process of breaking into my truck. I followed Gary Edson out the door. Just prior to getting to the door I passed Paul Damico who had just ran inside from the back alley area. Upon reaching the outside I followed Gary Edson up the alley. Once at the corner I realized that there were several young black males carrying something from my truck. I caught one of them and demanded my belongings back. About this time another black male threw my items out from behind the alley where he was hiding. I picked up my items and started heading back towards the bar, recovering my wives robe and only one of my leather gloves. About this time a bottle was thrown at me from one of the black males. They began to argue with me and became physically aggressive. The bottle passed inches from my head and I was unable to determine which one of the young black males threw it. I then observed one of the young black males who was also the most vocal waving a silver colored pistol in the direction of Mr Edson and myself. About this time I heard several gun shots and the three black males who were standing in front of ine at that time turned and ran away. .�" s � /~ � �^ - ? f /%i � f �� '-" �L �.-�� 7� pE7ER a• �A �s�� ' Council File # � —�Qp Green Sheet # �� J� �Rt�l�!��. Presented By Referred To Committee: Date RESOLVED, that the Liquor On Sale (C), Sunday On Sa1e Liquor, Restaurant (B) and Gambling Location (C) licenses held by Paul's Lounge, Inc., d/b/a Paul's Lounge, Inc. for the premises at 1045 Hudson Road in Saint Paul aze hereby suspended for a period of three (3) days, commencing on July 16, 1997, for the violation of Dischazging a Fireann within the City, and failure to notify the Cluef of Police in writing of the existence of a firearm on the licensed premises. This Resolution and the action taken above are based upon the facts contained in the December 7, 1996 police report, the February 11, 1997 Notice of Violation letter to the licensee, and such azguments as may haue been presented to the Council at the public hearing. Requested by Department of: By: � � Approved by Mayor: Date �/�- S 7 BY. � ��%� RESOLUTION CITY OF SAINT PAUL, MINNESOTA .. By: 1�,�� "��,� Form Approved by City Attorney -° � i � �� By: ' � ) � C�-I / by Mayor for Submission to sy: Adopted by Council: Date q Adoption Certified by Counci Secretary ��3 DEMRTMENTIOFFlCEICOUNCIL OATE INRIATE� � � ` � License Inspections Env. Pzotection June 13, 1997 G REEN SH E E CONTACTPEFiSpN & PHONE INITIAIJDATE INRIAVDATE �DEPARTMENTDIRECTOfl �CITYCAUNdL ChiiStine Rozek, 266-9108 nss�en O CRY ATTOFiNEY � CT' CLEflK MU5T BE ON COUNCILAGENDA BY (DAT� p0U77NG � BUDGET DIpECTOR � FIN. & MGT. SERVICES Dlfl. June 25, 1997, Public H OPDER � Mpypp �OR ASSISTANT) � TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ACfION REQUESTED: Concerning adverse acrion against licenses held by Paul George Damico, ABA Paul's Lounge, 1045 Hudson Road. (Uncontested) aECAMMENDATIONS: nppmve (A) or Reject (R) pEflSONAL SEflVICE CONTRACTS MUST ANSWEii TXE FOLLOWING �UESTIONS: _ PLANNINCa COMMISSION _ CIVIL SERVICE CAMMISSION �� Has this persoMirm ever worked under a contract for this department? _ CIB COMMffTEE YES NO 2. Has this person/firm ever been a ciry employee? __ STAFF — YES NO _ DISTRiC7 CoURT _ 3. Does this person/firm possess a skill not normally possessed by any current city employee? SUPPORTSWHICHCOUNC1lOBJECT7VE4 VES NO Explain all yes answers on separete sheet and attach to green sheet INITIATING PROBLEM, ISSUE, OPP�FTUNITV (Who, Whe[, When. Whera, Why): ADVANTAGESIFAPPROVED: DISADVANTAGES IFAPPflOVED: � �;3^v!:wf�>sy � � 7 i.�: �Z:i�r a��a � 3 i��7 ,a.. - �.� DISADVANTAGES IF NOT APPROVED TO7AL AMOUNT OF THANSAC710N $ COST/REVENUE BUDGETED (CIRCLE ONE) YES NO FUNDIfBG SOURCE AC7IVITY NUMBER FINANCIAL INFORFSATION: (EXPLAIN) OFFICE OF Tf� CITY ATTORNEY Peg Birk Ciry Attorney CI'I`Y OF SAINT PAUL Nome Colemml, Mayar Civil Division 400 Ciry Hall IS i7est KeAagg Blvd Samt PauZ M"rmlesota 35102 qr'I-�o0 Telephone: 612 266-B7I0 FarsuniJe: 671298-5619 June 12, 1997 William Orth Attorney at Law 247 3rd Avenue South Minneapolis, Minnesota 55415 RE: All licenses held by Paul George Damico d/b/a Paul's Lounge, Inc. for the premises located at 1045 Hudson Road License ID No.: 52789 Our file Number; G97-0094 Dear Mr. Orth: Please take notice that a hearing concerning the above-named establishment has been scheduled for 4:30 p.m., Wedaesday, June 25, 1997 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 consideration. This is an uncontested hearing, in that the facts contained in the Notice of Violation letter have not been disputed. You will have an opportunity at the Council hearing to present oral and/or written remarks as to the penalty, if any, to be imposed. The recommendation of the licensing office is for a three day suspension of the licenses. If you have any questions, please call me at 266-8710. Very truly yours, l/ ��z,l.,,u�_ Vir i 'r�almer g Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Christine Rozek, LIEP Kathy Smith, Community Organizer, Dayton's Bluff Center for Civic Life, 281 Maria Ave., St. Paul, MN 55106 ct�-�oa UNCONTESTED LICENSE HEARING Licensee Name: Paul's Lounge, Inc. d/b/a Paul's Lounge, Inc. Address: 1045 Hudson Road Council Hearing Date: June 25, 1997 Violation: Discharge of a Firearm within the City MN Stat. §609.66 St. Paul Legislative Code §225.10 Faifure to Notify the Chief of Police in Writing of the Existence of a Firearm on the Licensed Premises St. Paul Legislative Code §409.085 Date: December 7, 1996 Place: Licensed Premises Recommendation of Assistant City Attomey on behatf of client, Office of License, Inspections and Environmental Protection: Three (3) Day Suspension of all Licenses Attachments: 1. Proposed resolution 2. Follow-up letter to attorney 3. Memo from Chief Finney 4. Notice of Violation 5. License information 6. Police Report CN 96-192-213 OFFICE OF Tf� CITY ATTORNEY Peg Birl� Ciry Attorney CITY OF SAINT PAUL Norm Cokman, Mayor Civil Division 400 Ciry Hal1 IS West Kellogg Blvd Sab�t Pau{ Mmnesom 55701 1 ( �V OO Telephone: 672 266-8770 Facsimi7e: 611298-5619 May 13, 1997 William Orth Attorney at Law 247 3rd Avenue.South Minneapolis, MN 55415 RE: All licenses held by Paul George Damico, d/b/a Paul`s Lounge, for the premises at 1045 Hudson Road License ID # 52789 Dear Mr. Orth: We have had several telephone conversations regarding the pending adverse action against the licenses held by your client at the above-referenced establishment, but to date there has been no final decision conveyed about how Mr. Damico wishes to proceed in this matter. As you know, your client was sent a Notice of Violation dated February il, 1997 regarding an incident from December 7, 1996, detailed in Saint Paul Police Report #96-192-213. The notice alleged a violation of Minn. Stat. §609.66 and Saint Paul Legislative Code §225.10 as a result of Mr. Damico firing a gun into the air four times to scare away people suspected of breaking into an auto. Police noted that Mr. Damico had been drinking.' The Notice of Violation offered two alternatives; if your client wishes to admit the violation, the matter can be scheduled before the City Council to determine the appropriate penalty. If he wishes to deny the violation, the matter can be scheduled in front of an administrative law judge for a hearing, but will go to City Council for final action. We have discussed that the recommendation of the Office of License, Inspections and Environmental Protection will be for�a three day suspension, or an alternative fine in the amount of $2,000. This is onlv a recommendation, and the City Council always has the final right to determine the appropriate penalty. Finally, I believe that I mentioned the fact that the Notice of Violation did not include the additional violation of §409.085 of the Saint Paul Legislative Code which requires the holder,of an on-sale intoxicating liquor license to notify the chief of police in writing o£ any firearms kept on or within the licensed premises. a�-�o A check with the Saint Paul Police Department shows that there is no such notification on file for the firearm used by Mr. Damico. I believe that it is time for your client to make a decision on how he wishes to proceed with this matter. I would appreciate hearing from you by Friday, May 23, 1997 as to whether you are requesting a hearing, or are willing to admit the violation and have the matter heard before the Saint Faul City Council. Sincerely, � ��/� `� �i,/ru�/l � (�� i """�` Virginia D. Paimer Assistant City Attorney cc: Robert Kessler, Director of LIEP Christine Rozek, Depu�y Director of LIEP N q� _ �oo lnterdepartmental Memorandum CITY OF SAINT PAUL ^ � �.�� APR Og �J7 � `�' T � ��ORNEY T0: Virginia Palmer City Attomey's Office FROM: Chief Williatn F r��e,+� ) Police Departme �� SUSJ: Notice of Firearms Kept in Licensed On-Sale Liquor Establishments DATE: Apri17, 1997 I received your letter asking if two individuals have contacted the Saint Paul Police Department to give notification that there is a fireazm on the premises. These individuals are: 1. Paul Damico (Paul's Lounge) 2. Terry Englund (Badger Baz) Please be advised that we show no record of a written notification from these persons. If they orally notified an employee of this department, this is not on record. WKF/acs � � OFFICE °.� TF� CITY ATTORNEY q� -�oo CITY OF SAINT PAUL Norm Cokmml, Mayor Civi! Division a00 Ciry HaII 15 West Ke[logg Blvd Saint PauZ Minnesom 55701 Tekphone: 671 166-8 71 0 Facsimile: 612 298-5619 February 11, 1997 NOTICS OF VIOLATION Paul George Damico Paul's Lounge, Inc. 1045 Hudson Road Saint Paul, MN 55106 RE: All Licenses held by Paul's Lounge, Inc., d/b/a Paul's Lounge, for the premises at 1045 Hudson Road License ID #: 52789 • Dear Mr. Damico: The Director of the Office of License, Inspections and Environmental Protection will recommend that adverse action be taken against the licenses held at the above-named location based on the following information: On December 7, 1996 at approximately 7:34 p.m. police were sent to respond to a call o£ shots fired in the alley behiad Paul`s Lounge. After inveatigatioa, the police responding to the scene determined that you had fired a Smith & Wesson .38 caliber gun iato the air four timea to scare acvay people suspected of breaking iato aa auto belongiag to a bar patroa. The officers noticed that you had beea drinkiag at the time they talked to you. This behavior is a violation of Miaa. Stat. §609.66 aad Saiat Paul Legislative Code § 225.10. If you do not dispute the above facts, please send me a letter ta that effect so that the matter can be scheduled before the City Council for a hearing on the appropriate penalty, if any, to impose. You will be allowed to speak on your behalf at that hearing_ If you believe that the facts stated above are in error, you are entitled to an evidentiary hearing before an administrative law judge. In that event, you would receive a notice of hearing, with the date, time and place of the hearing and the name of the � Notice of Violation February 11, 1997 Page 2 �.� � � -� administrative law judge. The notice of hearing would give you additional information about the procedures to be followed at that hearing. Plea� let me know in writing no later than Monday, February 24, 1997 how you wish to proceed. If you have any questions about these options, feel free to contact me at 266-8710. Sincerely, � G� �:�� ( ��2 Virgiriia D. Palmer Assistant City Attorney cc: Robert Kessler, Director of LIEP Christine Rozek, Deputy Director of LIEP Kathy Smith, Community Organizer, Dayton's'Bluff Center for Civic Life, 281 Maria Avenue, Saint Paul, 55106 � � i �� STATE OF MINNESOTA COUNTY OF F2AMSEY ss. AFFIDAVIT OF SERVICS $Y MAIL JOANNE G. CLEMENTS, being first duly swom, deposes and says that on February 12, 1997, she served the attached NOTICE OF VIOLATION on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Paul George Damico Paul's Lounge, Inc. 1045 Hudson Road St. Paul, MN. 55106 Paul George Damico 1945 Oakdale, #302 West St. Paul, MN. 55118 (which is the last known addresses the same, with postage prepaid, in Paul, Minnesota. Subscribed and sworn to before me this 12th day of Februar , 1997. a Pub 'c . . G KATHRYN J. �AcLAUG!-'' IN ouarPUeuc-�,r,:�eso:a � �� RAif 5 EY COUNTY tdy Comm. Expires Jan. 37, 2ppp of said person) and depositing the United States mails at St. q� d�a I.,ic ID ................... STAT ..................... Business Name............ Doing Business As........ Address .................. Zip ...................... E� Date ..............••- License Name ............. NOTE AREA ................ Bond Policy Number....... Bond Company ............. Bond Effective Date...... Bond Ea:piration Date..... Insurance Carrier........ Ins. Policy Number....... Insurance Effective Date. Ins. Expiration Date..... 'Associated Stock Holder.. 52789 AC PAUL'S LOUNGE INC PAUL'S LOLR3GE INC 1045 FiUDSON ROAD 55106 12/O1/97 GAMBLING LOCATION (CLASS C) LIQ-ON SALE-100SEAT5/LESS-C SUNDAY ON SALE LIQUOR RESTAURANT (B)-MORE THAN 12 SEATS 12902 PH NOTICE SENT 10/20/94 SET 11/30/94 22 EMAIL, 105 MAILED 11/30/94 PH ON APPN FOR NEW ON SALE LIQUOR-C, SUNDAY ON SALE LIQUOR, RESTAURANT-B, AND GAMBLING LOCATION-C LICENSE APP'D C.F. #94-1725 1996-7o DISC AGREEMENT RECEIVED--I,AP-LIC MOUNT VERNON FIRE INS CO CL2083302 12/17/96 12/O1/97 PAUL G DAMICO KATHRYN L DAMICO Dealer No ................ Tax Id ................... 3939448 Worker Comp Exp Date..... 12/O1/95 Telephone ................ 774-1099 aa9e � or � �a v� ST.PAULPOUCE DEPARTMENT � GENERAL REPORT = ,s�s� �oyG w�kzr`-�r-[0 Time & Date of Occurtence: G / pccurted [� At Q Between: �3 / hrs. on �� a " and /C7U ��ti BOOKED C_ r %'�.1 r -L. t� >oyS u _ hrs. on L. �j�`t— S�- Disposition: DAIVIICO. PAUL GEORGE (022340) W/M 1945 OAKDALE #302, WEST SAINT PAUL MN 55118_ DEC 30 1�96 CHARGE: DANGEROIIS DISCHARGE OF FIREARM�� p�� - - - -- --- A SQD 398 (CAMPBELUSHOEMAI�R) SENT TO 1046 WA�FIELD (ALLEI� ON SHOTS FIREI}. THE COMMEidTS FROM DISPATCH REGARIIING CALL WERE THAT; WHITE MALE, WEARING BLACK LEATf�R 7ACKET, HEAVEY BUII.D, SHORT IN HEIGHT, FIRED APPROX. 4 SHOTS FROM A REVOI,VEFt AND TI�N WENT INTO �AUL' S BAR - (1045_OLDFi[JDSOAI) --- - --- ------------------ - -- PRIOR TO OUR ARRIVAL OTI�R SQUADS WERE REPORTING 2-3 B/M'S RUI�TNING -- FROIvt AREA OF SHOTS FiR£D: W� Tf�N LEARNED A COMP FROM PAUL'S -� _ BAR STATED THAT B/M'S WERE BREAKiNG INTO A VEHICLE PARKED __ __ BEHIIdD PAUL'S BAR 1N ALLEY. SQD 335 (BRI'NB) AND SQD 332 (SAFFORD) BEGAN - - -- - -T� CHECK INTO-'i'f� B/A�S FL�EING AREt�- ---- - - -- - -- WE HAD DISPATCH CALL INTO Tf� BAR AND ASK AN EMPLOYEE TO STEP --�-- OUTSIDE TO TAT,TC TO WE WANTED TO CHECK WITH "A EMPLOYEE BEFORE --- ENTERING THE BAIi TO FReID. QULIETHERE_WAS A PARTY INSID�TIiE BAR _- ----_ -- MATCHING TfiE DESCRIPTION OF Tf� PERSON WHO FIRED TFIE SHOTS. --- -�--- MOMENTS LATER; Si�SPECT=PAi� DAMICO (022340�; CAIvS� OUT Ti� FROi�iT DOOR. - OF Tf� BAR. SUSPECT-DAMICO WAS WEARING A BLK LEATf�R JACKET ---------- ------- ------ ---- - ----- - ---- WAS OF HEAVEY BUII.D AND FIVE FEET SIX INCHES TALL. OFC. SHOfiD�IAKER ANll I(CAMP$ELL) BO�'ti F�� THAT- SUSPECT D�f IGO �'Tf-'TE� DESERIA�'I0�1 OF THE - SHOTS FIRED SUSPECT. SUSPECT-DAMICO INFORMED US HE WAS TF� OWNER OF - TI� BAR. WE TI�EN�SI�ll Ti�i HE KNEW ANYTf�NG ASOIJT SHOTS -- FII2ED-II�LTNF RRAR p HTC BAR, ��pi "rFD ��.Ip°�. FOR OUR SAFETY I PATTED _ HIM DOWN FOR ANY WEAPONS AI1D PLACED FIIM IN Tf� SQUAD WHILE WE - CONTINUED OT7R I3�iVESTif3112'ifl2�: - - — -------- - — -- _ I WENT TO CHECK WITFi OTHER OFFICERS IN ALLEY TO SEE WHAT FURTf�R INFO HAD BEEN GATHERED. NONE OF TI� OT�R OFFICERS WERE ABLE TO GAT$ER AN4''�'HINE'i?VE�, WITNESSES ACCOi�N?'S OF WHAT HAPPEN$II WERE NOT CONSISTENT. I SPOKE WITf3; TERRY KIRWAN (052251) 576 WHITE BEAR AVE., #735-492%, HE STATED IT WAS HIS VEHICLE THAT Tf� B/M'S WERE TRYING TO No.: �❑ Rob Juv ❑ Coord ❑ ID ❑ Lab Burg ❑ Thert Prop � CAU ❑ f8F ❑ Auto Aec Re�n9 C..�rCX�Z� � O.T.: Typist R. : �Yes � No Team ❑ Sex ❑ flptr ❑ Other ❑ CO ❑ HumServ �-! � � -� 0 p,sc,�9l?6e• r Time of Arrest � a�� 3us. Phone: Home Phone: �"/l-IlI l Reeords � Crime Lab Loeker Crime Lab .� Property Room 0 z .� � - I + � W � / ` P 62i-9� / � °'°' � � ° � ST. PAUL POIICE DEPARTMENT � 1 �� a n SUPPLEMENTAL REPORT I/�CONTINUATION OF: � ORIGINAL REPORT I SUPPLEMEN7AL REPORT BREAK INTO. WI-�N ASKED ABOUT TF� SHOTS BEING FIRED HE FIRST STATED THAT TF� B/M'S FiAD TF� GIJN, LATER HE SAID HE DIDN'T KNOW OFG SHO�AKF'R WENT BACK TO OUR SQi.T1�D TO A^vAu';T T'niiiWfTH SL'SPECT- _ DAMICO. I(CAMPBELL) TOLD HIlbf THAT HE WAS NOT UNDER ARREST AND THAT HE DIDN'T HAVE TO TALK WITH US. WE Tf�N II�'OitMED HIM THAT WE FELT HE FIRED Tf� SHOTS AT TI� SUSPECTED AUTO THIVES AND THAT WE NEEDED HIS GUN. WE INFORMED HIM TIiAT DUE TO HIS APPARENT INTOXICATION LEVEL (F� APPEARED VERY INTOX�CA'FED, BI,OOD SIiOT E�'ES, S'iRONG ODOR OF-- ALCOHOL, SLIGHT SLURRED SPEECI� AND TE� FACT HE IS TI� OWNER OF Tf� Bt1R WHICH IS A CITY LICENSED ESTABLISFiMENT, FOR VVFIICIi WE BEI.IEVED A HANDGLII+I WAS SOMEWHERE IN THE BAR ANII COULD BE A OFFICER SAFETY- _ AND PUBLIC SAFETY ISSUE, THAT iF WE DID NOT RECEIVE Tf� GUN, WE WOULD CLOSE THE BAR FOR TI� NIGHT: SUSPECT-DANIICO TE�N ATiREED TO TURN OVER_HIS. GUN�HHLED_US_TO_Tt� BASEMENT QF TF� BAR AND POINTED TO A__ FURNANACE, I(CAMI�BELL•) RECOVERED Tf� GUN, WHICH WAS A SIvIITH&VVESSOid -------- — ---- ---- WE AGAIN ASKED SUSPECT-DAMICO WHAT HAPPENED. BEFORE FIE COULD -----DAMICOREPLIED"�Id>TEI�YA"A�TD-STATED-��'OLLOWINCr, --- -HE CAME UP FROM BASEMENT AND COULD SEE FROM TF� OPENED BACK DOOR - i A COUPTE OFB/1GI' SBRStII�G INT6APATROITS� — ---_-- I� VvEN'r QIZTSIDFAN� �r.� AZTI�.AZT�'HI.CH_TIIvIE QNE OF THE B/M'S PULLED OUT A GUN AND STUCK TT TO HIS IiEAD. =DtiMI�O HII��f"Pf`BET3�i�BE it��' ; T'f�$JM MttH�1�rTHREA� 0� ----- --- SHOOTING DAMICO, WHO Tf�N TURNED AND RAN INTO BAR. _----- -HE WENT ON TO STATE THAT HE WENf BEHIIdD THE BAR TO A SAFE GOT HIS --- GLTNANIIRAI+IOUTSIDE - TOWARDS BARL AND FIRED FOUR ROUNDS TN T E � AIlt TO SCARE Tf� AUTO THIEFSUSP�CTS. ---------- - ------------- - � -Wf�LASI�D IE HE �AS FEAREUL_OE HIS. LIFB W�I I�WENTBACK QUTSIDE HE STATED "NO". -Wi�N iiE DiDIQ'T CAi.i: PO�IC�HE REP��II "9I YDON'T WORK". - NOTE; AT NO TIIv1E DID SUSPECT-DAMICO EVER ASK FOR HIS ATTORNEY OR ASK - THAT- W� i�TE3�T-ALI��'O HIIvf �JR'�HER; HI�STATEM�i�'f�W£R�V4bU3d'FARY. WE TF�N TRANSPORTED SUSPECT-DAMICO TO HQ FOR BOOKING. SUSPECT- DAMICO WAS OFFEFtED A BREATHALY ZER, HOWEVER fiE REFUSED TI� OPTTON. _ OFFICER SHOEMAKER PLACED -THE FOLLOA'ING INTO EVIDENCE;._�_ -_ -_- - ITEM #1- SMITH&WESSON 38 CALIBER REVOLVER, SERiAI. #8J8154, W/5 ROUNDS T LIVE; 4 SPfiNT IIVTO CLL #4- ----- ---- -------- - ITEM #2- MENS BLK LEATf�R_JACKET,INTO PL #35.____ _ ____ __ __ _ . _ sistin Officer. � G /�� Emp. IJO.: Reporting Otf r v�/-YY7l IC �32 o t'. �j�/pgG`� �'/� I I �Yes p"o I I I ❑ CHF ❑ Hom ❑ Rob ❑ Jw ❑ Coord ❑ ID ❑ t.ab ❑ Rec ❑ Team ❑ Sex ❑ Rptr ❑ Oiher ❑ D/C ❑ Burg ❑ Thek Q Prop [] CAU ❑ F&F 0 Auto ❑ DAO ❑ CA ❑ HumServ � T� -- ? � -- I � _ � _ � .- � W � � � � Q S � � PM 6Y2-93R r � �`� - ��0 My Name is Gary Edson. I reside at 680 Duluth Street in East Saint Paul, MN 55106. I am employed at Perennial Properties 214 E 4th St Saint Paul, MN 55101. I was at Paul's bar on the evening of December 7, 1996. I had stopped in the bar and asked Paul Damico to cash my pay check of nearly $800.0o dollars. Paul Damico took the check into the basement and obtained cash. While he was walking back up the stairs I heard him yell someth?ng to the effect of 'Hey what are you doing; get out of here' and something else referring to Terry Kir*�an's truck. Paul then ran outside towards the alley. This was in clear view from where I was seated in the bar. I could clearly see my money in Paul Damico's hand as he was exiting the bar. At this point I also saw one young black male jump up and point a silver semi automatic pistol at Paul Damico's head. Thinking that my money was in jeopardy I got Terry Kirwan and ran outside. At this point Paul Damico was scurrying back in the rear door. Once outside I could only see one black male running up the alley. Terry Kirwan and I chased him up the alley. In the vicinity o£ the alley and the side street I realized there was another young black male. I yelled at them to return the items from the truck that they had just taken and for this we would not phone the police. About that time a third young black male exited the alley from across the street and threw a plastic grocery bag which contained items removed from Terry's Truck in it. We retrieved this bag and were about to return to the bar a short distance away when the three young black males started advancing towards us yellinq and arquing with Terry Kirwan. At this point, I saw the same young black male who had a gun pointed at Paul Damico in the rear of the bar pull out his gun from his waist area and started waving it towards Terry Kirwan and myself. About this time I heard several gun shots and the three black males ran away. I did not see who Pired the gun as I was concentrating on the young black male in front of ine who also had a gun. I later learned that Paul Damico had fired several shots in the air to scare the three young black males away. PETEF J. DAHL NOTARY �`.15LIr - MIISNFSOTA Mv Gor ^�: �. � ; czPlfe4 ' ,� z000 ,!�.� / ._s -a o-�% �%;��'-z,� r k , My Name is Terrance Kirwan. I reside at 576 White Bear Ave in East Saint Paul MN. I am employed at North Saint Paul Manu£acturing located at 620 Simms in Saint Paul. I was at Paul's Bar on December 7, 1996. On this evening there was a christmas party as well as a gift exchange. Shortly after the gift exchange I had placed the gift items my wife and I received in my truck; one of the items was a robe for my wife and the other was a pair of leather gloves for me. While seated in the bar I was approached by Gary Edson who informed me that someone was in the process of breaking into my truck. I followed Gary Edson out the door. Just prior to getting to the door I passed Paul Damico who had just ran inside from the back alley area. Upon reaching the outside I followed Gary Edson up the alley. Once at the corner I realized that there were several young black males carrying something from my truck. I caught one of them and demanded my belongings back. About this time another black male threw my items out from behind the alley where he was hiding. I picked up my items and started heading back towards the bar, recovering my wives robe and only one of my leather gloves. About this time a bottle was thrown at me from one of the black males. They began to argue with me and became physically aggressive. The bottle passed inches from my head and I was unable to determine which one of the young black males threw it. I then observed one of the young black males who was also the most vocal waving a silver colored pistol in the direction of Mr Edson and myself. About this time I heard several gun shots and the three black males who were standing in front of ine at that time turned and ran away. .�" s � /~ � �^ - ? f /%i � f �� '-" �L �.-�� 7� pE7ER a• �A �s�� '