Texas Alcoholic Beverage Commission-ArlingtonIncident Report

Case No.Report No.

Report Date :

288281288281.1513/2012

Texas Alcoholic: Sev.rageCommll,Jon-Artlngton2225 E Randol Mill Rd Ste200Ar1ington, TX 76011817 652-5912

Name, Title 1Paoe 1 d 3

- KWlK STOP ML.K

Case Report SI8M V • Verified

0«000' On 12123/2011 11:00:00 AM(ena Between)

teeeucn 1909 MARTIN LUTHER KING JRBLVD DALLAS TX 75215

Census/Gee

GOOCAll Source

V" hide Aclivity

Ve/'Iide Travltw-.g

CrossStreet

Dele Entered

EmeredB)IData VerifIed

VerifIed By

Date Approved

Approved By

Connecting Cases

DJSPOSition

Clearl!lnC8 Reason

0_ at CIeal"arlceRepof1FIgAgency

5/3/20121 :26:26 PM842 • Browning, Tony9/27/20126:42:49 PM278 • Chadwick, Thomas

Admin Case No Criminal

Texas Alcoholic BeverageCommission-ArlingtonArlington District Office

Reporting OffICer

842 - Browning, Tony

Assisted By

Rtpon NaJTlD Ve Approximately March 12th, 2012Arllngton District Office ofTABC began to receive em. ii, from a complainant in re~.rd5 to anassault that occurred on 12-23-2011 at Kwik Stop # 9 located at 1909 Martin Luther King Jr Blvd. Dallas. Tx and compla int 1506554 wasgenerated and assigned to Agent Browning on Marcb 15th, 2012 in eflorts to investigate a possible breach that occurred at the licensedlocalion orKwik Stop # 9 on December 23rd, 2011. Kwik Stop #9 is licensed under Beer and Wine Retailers Permit Q440919. Thepermit was current and active at the time that the incident occurred.According 10tne police report. tbe complainant, Thomas Pak stated tbat a subject later identified as Arthur Carpenter 81M 10-9-1953became angry with Pak and pushed Pak aner be told bim he could not get gas in the container he was attempting to use. In the report itstaled that Pak was nol injared but found tbe tODtactorreastve, Pak also told the officen Ibat Carpenter reached into hh panu pocketnd gestured towards a dosed pocket knife and told Pak be would cut him. 00 Ibis date DPD officus tould Dotlot.te Carpenter. Theydid however sptak to I wilnss willie It tbe 10c:atiOD. The witness was identified as Reginald Baker M1 01-03-1964. Baker told tbeofficers tbat be did not observe the whole iod deat but stated that he observed Pak nit the store and INack Carpenter. Baker made thestatement to officers thai Pak "beat bim down".

On April 10th 20121 went and met wilh Baker at his residence in Desoto, Tx. He gave a voluntal)' statement thai baslnlty staled thathe was at Ibe ga, ' Iation next to Ihe Kwik Stop N9 and observed 1W0 Korean male' cbning an older black male out of 'he store. He elsestated tbal one Korean lIlale struck Ihe black rllIle in Ille bead area wilh sometbing in his hnd but could not make out eudy was in theKorean's male hand . After the black male (ell to tne ground. bolb Korean males began to auault the 81ack male. Mler a few minutes theyweal back iolo tbt store and leO Ibe black lillie tying OR lbe parkiae, klt ia fronl oflbe store . Bilker obKn'ed twootbcrs Black miles tbltwert getting gu, go over to the BlICk malt that was aunlted. pick him up and moved him 10 tbe left side of tbe Kwik Stop#9 and Iheydrove ofT in an unknown veblete. Baker stated he went into Ihe store he was at nest door and when he came out. he saw a Dall15 PoliceOfficer ,t Kwlk Stop # 9 and he told the officer what he observed lind me Officer took his ioformltion.

On April 10th 1 met Arthur Carpenter at the Arlington District Office o( the Texas Alcoholic Beverage Commission. Along withCarpenter wa' Sandra Crenshaw who i' an aettvlst for the community of where the incidenl occurred. I spoke to Carpenter and had himtell me his side of the SIOry. This interview was also audio recorded. Carpenter agreed to give me a Voluntary Written Statement whichstated the following. Carpenter stated Ihat on 12~2J-2OJI at approximately I I :30 am he ran cut or gas in his vehicle In the JSOO block ofS Lamar In Dallas, Dallas County. He slated he received a ride from an unknown male 10 the Diamond Shamrock also known as KwikStop # 9. He slated when he got to the store, all he had to pul gas tntc was a yellow Penzoil container. He went inside the store, KwikStop # 9 l'\o'ith his container he was going 10usc (or gas in bis hand . He staled the store manager became angry and told him that thecontainer was nol an autborized conealner 10pul gas in. Carpenter tried 10nplaill lib situation. Carpenter identified Ihe 510re manageras Tommy Pak , from personal koowledge. He stated Pa" rduKd to stU biOI any gas. aud Carpenter staled he told Pak..ha. Is why blltksare picketing ia Iront of yonr store because you art nde to bllcks. Carpenter also told Pall. that he did Dolwant to spend hi, money alPak's store but with tile circumstances be hIId DO choice, C...penter Ihen left the store. C"'pc'ater stated thai be talked to the u.knownmale who gave him a ride to K,.,ik Stop II 9 and that person allowed him to use bis gas container Carpenter stated he went bllck Into thestore lind paid Pak 53.00 for gas and proceeded outside to pump his ga s.. Carpenter advised a Hispanic:clerk came out and told him to UR

tbe inner Ca5 pump to get his gas, and he complied. Carpenter staled that tbe clerk was followed outside by Pak wbo sta led "no" he didnol want Carpeeters' money or business al his store and tbrew S3.00 on tbe ground and refused to allow Carpenter 10pump the gas.Carpenter staled be Iold Pak.jusllcl me gel ray money and I'll leave. Carpenter staled tbal he began to bend down and get tbe moneyand observed tba t Pa" had a weapon in bi, band that was a O.c. Sprayrraur combo weapon of some Iype and at Ihis time Ihe Hispanicderk moved 10his rigbl side anempting 10grab blm. Carpenter scaled to defend lIimselfhe placed the gas conta iner in between bimselfand the clerk to defend blm off twice. Carpeeter stated Ibat be tried for the tbiTd time to pick up his money Tommy PIll. ,prayed himwith mace lind laud him ",itb Ibe mltt/tazer type weapon. He staled the clerk then suckered punch him wilh some type of baton twice inthe back of the head while both Pak and the clerk weI"C sbouting Ihal C....penter had a gun. whlth Carpenter staled he did nol have a gunon him. C...penter stated Ihey continue to kick and bit him, attempling to kill him and cover it up If by standers did nol step in whenthey did. Carpenter staled he was knocked unconscious and when he rrgained conscious he was al a churcb down tbe street named

NelRMS_CR.rtf v2f Printed: OCtober 24, 2012 - 10:20 AM

Texas Alcoholic Beverage Commission-ArlingtonIncident Report

Case No.Report No.

Report Date :

288281288281 .15/3/2012

Texas Alcoholic Beve,..g.Co mml'llion-A rtington2225 E RandolMill Ret Ste200Arlington, TX 76011817 652-5912

Name , Title 2Paae 2 oJ3

Cor nerstone. with dizzintn, eye, Dttk , and head injuries. Anrr CtrptnfCr rtaliud what bappc nrd he con l.Cled his r. mily, whl) tookhim to gCI bis truck. and rontacte d PoliCt . He advised he went to Par ldand Hospital on the 24th of December aro und 10:00. aftu the painof his injuries got severe. Carpenter advised me that tbe hospital discbugcd bim from the emergetey room Iba. day I nd he was ad visedto see his pr imary eere physician.

Carpenter gave me some documenta tion but it was from the Emtrxe ncy Room but had no diagnosis just preventives to tak e forconcussions, his paio and possible inju ries. Carpenter stated that he had appointment with hi! prima ry doctor on the 17th and he wouldCax me some documentation Crom his prima ry doctor. After I spoke to Carpenter , Sgt Travla and I spoke to Mrs. Cre nshaw who hadconcern s abou t the location and we answered questions she had.

On Aprill ltb, l went to Kwik STOP 11 9 to attempt to make contact with Mr. Pak and ta lk to him aboot the incident lind to deliver aDemand Lette r Cor any video on the dat e o( the inc:iden t at the locadon. Pall. was not at the location so 1conducted an Inspection of thelocatioA and left the letter witb a clerk Identified as Et ban Kim AIM 02-10-84. 11150 Ittt Kim a car d and advised him to have Pall.ecntac tme IS soon as po.ssible. O n O4-1J-20nl attempted to ecetaet r ail. altbe Kwik Stop 119 and a clcrk answered tbe pbone. I asked for Pa'"aad told blm who I was. Th e clerk told Pall. I was on Ibe phone aa d Pa ll. told bim to leU me be would ~lIlDe back. I attempted to conlactPall. again by pbone al the sto re aD April 17.20nand no one answere d. On Apri l 20th, at approximate ly 7:30 P I checked my office\.oicemail rem otely and there was a me",a a;:e from Richard Barrett·Cuetara which stated he was an atto rney and represented Pak . OnApri l 24tb, 2012 I wa! at the Arlington Office aad in my box was a (ax (rom the attorney. After talking to Sgt. Gra bam I was advised notto contact Mr. Barrett. to Ka n documen tatioa with the cast. Also Ibat day I received a voicemail from Mn . Crenshaw.a ttempted to callher back but no one answered at the num ber she le:ft. On May h t,l received a (ax fro m Ca rpe nter statio g be could not Ond anym orewitnesses to the incident but Ka t me some medical documentation where he went to an emerge ncy clinic recently for pain fro m his inju riesfro m 12-2.1-2012.

At the conclusion of the hn 'C3tigatlOn. it WIS condaded tba t a Ortaeb did tab place at a licensed location Q440919 Kwll.: Stop# 9located at 1909 Marti n Lut her King Blvd, Dallas, Dallas Co on 12·1J..2011 witb Mr. Carpenter being involved. A check was eon dueted ofthe Brtach Log on that day and it is concluded that no Breach Repor t was sent to TARe by Pak Dr any repre sentatives of Kwlk Stop #9about the breach. which all license and permit holden of TABC are required to submit to the agency, Based on the state ments,docum entation and photos of Carpenter , an Administrative Cue will be filed on Kwik Stop 119 0440919 (or Breach . All documentationfrom all par ties involved will be with this report along with photos of Carpenter 's Injuries provided by Carpenter. Administrative Notice288281 for Breach-Simple will be issued to a repr esentative of Kwik Stop # 9 at a later dat e.

Additional Information:Trade Nwne KWlK STOP 9

eex..uy 057 • DallasAdrnll'liSb'atwe Noflc6 NU1lber/s 288281

55N

Ellpiril hon Date

"""'"Cor'pome OfficeIPartnerlCont8Ct Penon

r... Ni,M'TIber

10/181201305 - A~ingtonTommy Pak

Licensee I Pemlltee

Court Of J urisdod ion

r' le

Corp , Woo Kim50a h000 ·OtherlResponsibleperson

Lk en u PtrmItIQ440919Offense Detail: 511 - Breach of Peace, Simple

OffenH Description 511 - Breach of Peace, S implelOR Code 90l . All Other Offenses

IBR Group B

Cnma Againlt

Using

Crimil'\lll ActIVity

W06pon&lForce

Witness W1: Baker, Reginald

Loca tion

Oft~..Completed?

HatelB ias

Domestie VIOlence

07 - Convenience StoreYes

88 - None (No Bias)No

No Prem ,Entered

Entry Method

Type Socurity

Tools Used

w.tness Code WI 008 1/3/1964 P lace at BIrth

N.",. Baker. Reginalct ,.". 47 55NAKA 5.. M-Male DeN

"""'l" ..." B - Black OLH Stale....... 1026 Shadywood EltYlieity U - Unknow n OlN CouolJyCSZ Desoto, TX HI ""-''''''''''''' bus driver

WI. EmplDyltf1School dartHo",. """'" 469 226-o4lJ4 Eye Cd« BRO • Brown Res. Co.rrty dalla sW<K1< """'"

Hair Ct*;lr BLK ·Black Res COlrItry 1234F8CiaIHw ReaiOontStatus R - Resident

All" Skll"l DBR • Dark Brown

W(l''lQS$ NOIIlIO

Printed October 24, 2012 . 10:20 AM

Texas Alcoholic Beverage Commission-ArlingtonIncident Report

Case No.Report No.

Report Dale :

288281288281.1513/2012

Te..s A~ohoUc a everag,Commlsalon-Ar1lngton2225 E Randoi Mill Rd Ste200Arlington. TX 76011817 652 -5912

Name,TItIe 3Pace 3 of 3

Other Entity: 01 - Carpenter, Arthur

entity Code 01Ent" Type OP _Other Person(s) Involved

Name Carpenter, Arth urAKA

A1ert(s)

Address 1514 E WacoCS2 Dallas, TX 75216

HomePhone 214 981-4464Wo<t. Phone

......

Entity Notes

DOB 10/911953 Place of Birth

Ago 58 SSN

s" M-Male DLN

R"", B - Black DLN State

E""""'" U - Unknown OLN COlXltry

Hl Oc<uootoonlG<_Wl Employer/S<t'oocl

Eyoe- BRO - Brown Ras . COU'lty dallasHair Color BLK - Black Res. Coortty 1234

FQCial Hair R• • ident Status R - ResidentSkin DBR • Dark Brown

Pmted October 24, 2012 · 10:20 AM

TABC DOCKET NO. 610289

WOO KIM CORP.D/B/A KWIK-STOP #9PERMITILICENSE NO(s) . Q440919

DALLAS COUNTY, TEXAS

§§§§§

BEFORE THE TEXAS

ALCOHOLIC

BEVERAGE COMMISSION

WAIVER ORDER

On this day the above-numbered and styled case came on for consideration. Thefollowing findings of fact and conclusions oflaw are hereby made:

WOO KIM CORP., Respondent, is the holder ofa Wine Only Package Store Permit. Thelicensed premise is known as KWIK-STOP 119, located at 1909 Martin Luther King Jr. Boulevard,Dallas, Dallas County, Texas,752 15 and whose mailing address is he same.

Respondent has waived heari ng on the violation(s) listed on the attached SettlementAgreement and Waiver of Hearing, and accepts the penalty assessed below.

IT IS FOUND that on or about December 23,2011, Respondent, WOO KIM CORP., orRespondent's agent, servant, or employee, failed to promptly report a breach of the peace on thelicensed premises to the Commission. By failing to promptly report a breach of the peace on thelicensed premises to the Commission, Respondent violated Texas Alcoholic Beverage Code §§/ / .6 / (b) (21) and 1/.6/ (b) (2).

IT IS ALSO FOUND that on or about December 23, 20 II , a breach of the peaceoccurred on the premises, or on the premises under Respondent's control. Said breach of thepeace was not beyond the con trol of Respondent, agent , servant, or employee, and resulted fromthe Respondent's improper supervision of persons permitted to be on the licensed premi ses or onpremises under Respondent 's control. By allowing a breach of the peace on the licensed premi sesthat was not beyond the Respondent 's control and resulted from the Respondent's impropersupervision of persons on the premises, Respondent violated Texas Alcoholic Beverage Code §§24.11 and /1.61 (b) (2).

In accordance with the agreed waiver, Respondent's permit(s) and/or Iieense(s) willbe SUSPENDED for FIVE (5) days.

IT IS THEREFORE ORDERED that unless the Respondent pays a civil penalty in theamount of $1,500.00 on or before the 25TH day of September 2012 , all rights and privilegesgranted by the Commission under the above described permi t(s) and/or license(s) will beSUSPENDED for FIVE (5) days starting at 12:01 A.M. on the 3'd day of October 2012 .

The part ies agree that this settlement agreement and its provisions are entered into for thepurpo se of resolving the disputed administrative allegations only, which Respondent expresslyden ies. This agreement shall NOT to be construed as an admission by Respondent, its officers,

agents, servants or employees, as to the underlying facts which form the basis of this action or toany civil or criminal liability .

This Order is final and enforceable on the date it is signed.

On this date of signature, service shall be made upon parties in the manner indicatedbelow.

SIGNED on August 29. 2012.

On Behalf of the Administrator,

~;(faJJSherry Cook, AdministratorTexas Alcoholic Beverage Commission

Richard Barrett- CuetaraATTORNEY FOR RESPONDENT90 I Main Street, Suite 4600Dallas, Texas 75202VIA FACSIMILE: (214) 245-3097

Woo Kim Corp.d/b/a Kwik-Stop #9RESPONDENT1909 Martin Luther King Jr. BoulevardDallas, Texas 75215REGULAR U. S. FIRST CLASS MAIL

Lisa CrissmanATTORNEY FOR THE COMMISSIONLegal Services Division

Sandy Higdon - Licensing Division

Lt. Michael Lockhart - Arlington District Office

TEXAS ALCOHOLIC BEVERAGE COMMISSIONCIVIL PENALTY REMITIANCE

DOCKET NUMBER: 610289

NAME: WOO KIM CORP.

REGISTER NUMBER:

TRADENAME: KWIK-STOP #9

ADDRESS: 1909 Martin Luther King Jr. Blvd Dallas, TX 75215

DUE DATE: SEPTEMBER 25, 2012

PERMITS OR LICENSES: Q440919

AMOUNT OF PENALTY: $1,500.00

Amount remitted $ Date remitted _ --:-:-:-- -r-t-r--r _

You may pay a civil penalty rather than have your permits and licenses suspended if an amountf or civil penalty is included on the attached order.

YOU HAVE THE OPTION TO PAY THE CIVIL PENALTY ONLY IF YOU PAY THEENTIRE AMOUNT ON OR BEFORE THE DUE DATE, AFTER THAT DATE YOURLICENSE OR PERMIT WII~L BE SUSPENDED FOR THE TIME PERIOD STATED ONTHE ORDER.

Mail this form with your payment to:TEXAS ALCOHOLIC BEVERAGE COMMISSION

P,0 , Box 13127Auslin, Texas 78711

Overnight Delivery Address: 5806 Mesa Dr" Austin, Texas 78731

You must pay by postal money order, cerufled check, or cashier's check. No personal orcompany check nor partial payment accepted. Your payment will be returned if anything isincorrect. You must pay the entire amount of the penalty assessed.

Attach this form and please make certain to include the Docket # on your payment.

Signature of Responsible Party

Street Address P.O. Box No.

City Slate Zip Code

Area Code!Telephone No.

TABC DOCKET NO. 61028'

WOO KIM CORP.OIBIA KWIK·STOP tI9PERMITILICENSE NO(.). 044091 9

DALLAS COUNTY, TEXAS

§iiii

BEFORE THE TEXAS

ALCOHOLIC

BEVERAGE COMMISSION

SETTLEMENT AGREEMErfT AND WAIVER OF HEARING

The Texas Alcohol ic Beverage Commission (Commission) is the state agmcy with the:authority to adm inister and enforce the provisiotL5 of the Texas Alcohol ic Beverage Code (Code ),and the rules adopted 10 implemen t the Code (Rules).

WOO KIM CORP., Respcndenr, is the holder ora Wine Only Package Store Permit Thelicensed premise is known u KWlK·STOP *9, located al 1909 Martin luther King Jr.Boulevard, OaHu. O.Uu Couney, Texas 7521' and whose mail ing address is me same.

My namc is RicJwd Barrdl..cUdU1.., Attorney (or Respocdem, J have autho rity to emerinto and bind the Respondent to the terms of lhis Srnlemenl A~enl and Waiver of Hearing(Agreement).

The Commission alleges that Respondent Dr Respondent's agent , servant or employeeengaged in conduct, permitted conduct, andlor failed 10 prevent or control conduct as follows:

IOn or about December 23, 2011, Respondent, woo KIM CORP ., orRespondent's agent, servant, or employee, failed to promptly report a breach ofthe peace on the licensed premises to the Commission. By failing to promptlyreport a breach of the peace on the licensed premises 10 the Commission,Respondent violated Texas Alcoholic Beverage Code §§ /1.6/ (b) (21) and 1l.6J(b)(1).

IIOn or about December 23, 2011,. breach of the peace occurred on the premises,or on the premises under Respondenl's control. Said breach oftbc peace was notbeyond the control of Respondent. agent, servant, or employee, and resulted fromthe Respondent's improper !upa-vision of persons permitted 10be on the licensedpremises or on premisesuoder Respondent's control. By allowing a breach of thepeace on the licensed premises that was not beyond the Respondent's control andresulted from the Respondent's improper supavision of persons on the premises,R.spondent violated T.... Alcoholic Beverage Cod. §§ 14.11 ond JI .6/ (b) (1).

In an cffott to avoid the <:051 and CJl.~ offormaJ proceedings and 10 peacefully resolvethese disputed allc88rioDI, the parties have Igreed 10 finally resolve the maners alleged byacupting the follow ing tCfl'n$ and condi tions : .

Respondent understands and agrees that IT WlLL BE FOUND thai on or abo utDecember 23, 201 1 Rcsponden. violated T..... Alcobolic Beverage Cod. i§ /1.6/ (b) (2)./1.6/ (b) (2/) and 24./1 , asset forth above.

Respondent agrees that its permits/licenses be assessed a suspension of FIVE (5) daysfor !:he above-referenced violation(s).

Respondent understands that there is an opportunity to pay 8 civil penalty in the amountof51,500.00 on or before the 15111 day of September 1011. If the civil penalty is not received bythe Commission as described above, all rights and privileges granted by the Commission underthe above-described permins) and/or Iiccnsc(,) will be SUSPENDED fora period of FIVE (5)day" beginning at 12:01 A.M. on tb~ 3r

• day 01 October %012.

EDt~ring into this Agreement may result in the forfeiture of your condu ... suretybond.

Respondent understands that this Agreement settles only the alleged violation(s) listedabove.

Respondent understands that this Agreement docs not effect ~e authority of theCommission to enforce the Code and Rules for future violations, or exclude the above violationsfrom being used to enhance penalties for future violations oflhe Code and Rules.

Respcndenr understands the opportunity for a contested case hearing includes: the right tobe heard by an impartial person; the right to be represented by an attomey; and the right torespond to and offer evidence and argument. Respondent agrees to waive the opportunity for ahearing, including all rights to file a motion for rehearing, and the right to an appeal on theviolation listed above.

The parties agree that this settlement agreement and its provisions are entered into for thepurpose of resolving the disputed administrative allegations only, which Respondent expresslydenies. TIiIS AGREEMENT SHALL NOT TO BE CONSmUED AS AN ADMISSION BYRESPONDENT. ITS OFFICERS. AGENTS, SERVANTS OR EMPLOYEES. AS TO TIiEUNDERLYING FAGfS WHICH FORM THE BASIS OF THIS ACTION OR TO ANY CIVILOR CRlMINAL L1ABILllY.

Respondent agrees that this Agreement becomes final and enforceable on the date theOrder is signed.

AGREED TO ~RP!J#NED by Richard Barren-Cuetara, Attorney. acting on behalf ofthe Respondent, on thi~~--:-aay of August 2012.

TABC Docket No. 610289Waiver Agreement11 P a g c

ACCEPTED by the Texas Alcoholic Beverage Commission on this 2!!!!day ofAugust2012.

TADe Docket No. 610289WaiverAgreement31 F it g C

>

j

-----~._---_.j

StaluSDale 08JSI2012

DrsocsmcnDate 0611112012

Prlv.tee...

Status 60 Admlnlstr1ltl'veCase Cloud

Disposition 02 Admlnlatnlttv. Cas. Flied

REspon$IDIe CRISSMAN , USA · k=r1NmResponder< KWIK·STOPi19Doc.ket# 810289

LieType Q . Wine Only Pickage Store Permit

Complall'ltti 810289 Case T~ CMP· Complalnt

-~.~_. __.._ . ~--~~~_.. _ __.~ ~_._..~-_ _- _ _.~.--_._---,-- ..__._-~---~_._--_ _.• ..._.•.•_ .._._ -- -_ ~~. ~•....~. _ .

ust. Detail ;

PardS 1600.00

Due 09125120'2

PaymentDate 0912412012

Completed 09I2Si20'2

c=··~;",:: =:]

l...,....i~~,~~~,,, . _"~.J

[.::=~~ : : : : 1i Pmp:-·;~yn· 1

'/;-:. -'" JI;'; -h;t_:: !<:-~' \'""t j

[' _. P,;r< ." ]

I NolesH,_ II Back I

SecuntyLevel

Writren Qff S

CompIanceQrderkf 20118

WebDisPlay Seooerce

ReSf)Of'lded KWlK·STOP n

08l2at2012

CRISSMAN, USA · lcrtssm

1600.00

OOJ25120121~:06:35

FineS

EscrowS

Comp~ance FIN1 · eM Pen.Itt.., F"'II Parte

j IrTl>Osed or Received

!

III

U·i Noles

! Updated

!_-- ---- _.~-_Gec Adobe Reader