Bartenders accused in patron's death take misdemeanor charge to trial

HOUSTON (KTRK) -- Last year, 55-year-old Juan Diaz left the bar where he was described as a regular, walked into traffic and was fatally struck by a vehicle that fled the scene.

Now the two bartenders at My Bar on Highway 6 in northwest Harris County are on trial in county court, charged with serving alcohol to an intoxicated person. It is a misdemeanor charge that carries up to a $500 fine, and/or up to a year in prison.

Diaz's blood-alcohol content ,according to documents, was .22, which is nearly three times the legal limit.

Defense attorney Tucker Graves, who represents the two female bartenders, says the case is unusual because his clients aren't accepting a plea bargain, opting instead to go to trial and let a jury decide.

"Bartenders are often charged with this and most of the them roll over and take the fine. My clients feel they're done nothing wrong," Graves said.

The prosecution agrees that this is an unusual case, saying it may be the first time this kind of misdemeanor crime has been heard by a jury. The prosecution contends that a bartender has an obligation not to serve alcohol to someone who's already drunk.

"Someone that works as a bartender has a responsibility when it comes to serving and there's laws that are set out for that and in this case those laws were violated," prosecutor Britni Cooper said.