Restaurant accused of overserving driver before deadly crash faces license revocation

    LOUISVILLE, Kentucky (WLKY) -- A Louisville man is charged with murder for killing a man while driving drunk.

Now, the restaurant accused of overserving him alcohol could face its own consequences.

Victor Dominguez is behind bars for allegedly hitting Ryan Werfelman, 27, on Breckinridge Lane near the Watterson Expressway.

But, the 36-year-old's whereabouts before the Oct. 29 tragedy landed the owner of Victoria Mexican Restaurant at a liquor license revocation hearing on Tuesday.

The restaurant on Hikes Lane is accused of improperly keeping record of alcohol transactions, serving alcohol to someone under the influence, and disorderly premises.

An investigation by Metro Alcoholic Beverage Control claims Dominguez, whose blood alcohol level was determined to be .202 at the time of the crash, consumed seven bottles of Modelo, equivalent to an 18-pack of beer.

Officials during closing arguments showed that visual, placing the alcohol on a ledge, while arguing the business was irresponsible that evening.

They also claimed that Dominguez’s server was allegedly seen on surveillance video drinking with him, and when questioned by ABC detectives, admitted she knew he was drunk.

The business owner testified on Tuesday that the employee quit immediately.

“That would have never happened if I was there,” said Dionisia Valentin, who used an interpreter. “I've had more problems not serving people alcohol while there than serving people alcohol.”

The attorney representing Metro ABC doubled down on their quest to revoke the restaurant’s license because of actions of the staff and Dominguez.

“An alcohol license is not a right, you don't have a right to an ABC license, it's a privilege,” said Lashae Richie, assistant Jefferson County attorney.

Matthew Lemme, attorney for the business owner, while not minimizing the seriousness of the situation, argued they should not rip a liquor license away from a restaurant with no prior issues.

He says the tragedy should highlight the need for businesses that sell alcohol to be trained in identifying drunk customers.

He claims staff at Victoria Mexican Restaurant were not and notes that Metro ABC does not require it for licensees.

“This is not the appropriate resolution,” Lemme said. “She (Valentin) would encourage other businesses, especially people that speak the same language as her, to get training, to understand, to learn these rules so this wouldn’t happen. This shouldn't happen. She doesn't want it to happen.”

The hearing officer will make a ruling in the next 60 days on whether to revoke the liquor license or not.

For now, Victoria Mexican Restaurant is still open and selling alcohol.

Dominguez is due back in court on April 4.