Pub owner, bartenders charged in fatal DUI crash
UPPER DARBY -- A pub owner, his corporation, and two barmaids were arrested Thursday and charged with involuntary manslaughter and related offenses for the fatal drunk-driving accident involving another employee.
Alison Martinelli, 19, of the 700 block of Fairfax Avenue, Drexel Hill, died after her car crashed into a utility pole about a mile from Bryan St. Pub, 2900 West Township Line Road, after allegedly departing from the bar moments earlier.
Martinelli, who was a member of the wait staff at the pub for four years, had a blood alcohol level of .151 percent, multiple times more than the .02 percent for persons under 21, according to the affidavit.
She was pronounced dead at 4:12 a.m. April 5, almost an hour after her vehicle, a 2004 Hyundai Accent, struck the pole and landed upside down in front of Loehmann’s Shopping Center, Township Line and Fairway roads
Bar owner Thomas J. Brower, 31, of the 100 block of North Fairview Avenue, Upper Darby, voluntarily surrendered Thursday afternoon and was arraigned later Thursday night.
His company, Fairview Inc., has also been named as a defendant in an effort to close down the establishment that has been cited numerous times for complaints received from area residents, according the Detective Lt. George Rhoades Jr.
Brower was accompanied by his attorney Colin R. Hueston of Philadelphia, who alleged a lack of evidence in the affidavit.
"The allegation that my client as the owner of the restaurant engaged in criminal conduct merely by being the owner and being present that evening sets a dangerous precedent," Hueston said. "It’s our position that there are numerous significant intervening factors which led to this tragedy."
Tiffany Henning, 29, of Drexel Hill, and Kristin Moffitt, 25, of Clifton Heights, voluntarily surrendered in the morning.
Both women were visibly shaken and crying while standing in front of Magisterial District Judge John Perfetti, who read off the charges of involuntary manslaughter, recklessly endangering another person, selling or furnishing liquor to minors and conspiracy.
According to the affidavits, Martinelli entered the establishment around midnight April 5 to join other bar wait staff and bartenders at the Monday night "biz night."
"Brower was identified by numerous witnesses as interacting with patrons on April 4 and 5," Detective Kevin Dinan wrote in the document, noting Martinelli was seen drinking alcoholic beverages at Bryan St. by several patrons prior to leaving.
Moffitt and Henning were working behind the bar and saw Martinelli, whom they knew was underage, drinking mixed drinks and vodka, the affidavit states.
"Since she worked there she was allowed to drink by permission of Tommy Brower, the owner," Henning told police, as was quoted in the affidavit -- a claim that Hueston disputed.
"That’s absolutely false," Hueston said. "There is no indication in the affidavit that he served her a drink or knew she was drinking."
Another witness told police she warned Martinelli not to drive and instead to let her boyfriend drive after thinking she was intoxicated.
Her boyfriend told police they left in separate cars and the accident occurred shortly after departing from the bar.
"Obviously she was going at an excessive rate of speed when the accident happened," Rhoades said.
"They were close friends," Henning’s attorney, Steven Pacillio, said, noting her distress over Martinelli’s death. "They worked together for four years. When Alison’s boyfriend called Kristen (Moffitt) on her cell phone after the accident, they immediately went to the scene.’’
"She’s still mourning her friend," Moffitt’sattorney, Hugh P. McElhenney, said. "This is coming on her like a wave. She’s dealing with the loss of her friend and her guilt for being there. Her whole world is turned over."
Henning and Moffitt and their attorneys started out the day at the District Attorney’s office negotiating terms with Deputy District Attorney Jay Mattera.
"We are cooperating," Pacillio said. "She had already cooperated with police the evening of the incident. Obviously the district attorney’s office is interested in Tom Brower, who is the main target of the investigation."
Both Henning and Moffitt waived the preliminary hearings after arraignment pending disposition in the county courthouse and were released on $1,000 unsecured bail.
Bail on Brower was set at 10 percent of $50,000 and on the corporation at $50,000 unsecured.
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