By ANDREW MARTIN
The Hopkinton Town Council voted 5-0 Monday night to suspend the American Legion Gordon Greene Post’s liquor license for three months following a brutal assault at the club in February. After some deliberation, the council came up with a list of stipulations that must be complied with during the suspension. The following are based on recommendations from Lt. Daniel C. Baruti, who worked on the investigation of a recent assault that took place on the premises. All alcohol servers must be re-trained and re-certified in a program designed to prevent intoxication and over-serving, among other issues. Also, the post’s board of directors must write a management plan identifying steps it will take to address problems including bar fights and over-serving. The council encouraged the board of directors to work with the police department in creating that plan, which is to be delivered to Town Hall 10 days prior to the next hearing on the post’s liquor license in June. The post also must install a panic button for the bartenders’ use. The post’s liquor license was previously suspended for 60 days back in 2004 after an intoxicated patron fell off his barstool and broke his neck. James R. Taft Sr. spoke on behalf of the post as a member of the board of directors, bar chairman, and finance officer. “This three-month suspension is going to be during a time period to see if the post will survive,” Taft said. “In all honesty, that’s just a fact of life since [the bar] is what supports this post.” Taft then added that he understood the council had to do what it felt was necessary. “[But] this could be what ends the post,” he said. The council’s decision came after nearly two hours of testimony from Baruti and Taft regarding the aforementioned assault and other issues.
Baruti outlined the night of the assault by reading a police report as well as several witness statements. Per his report, two separate incidents involving the same people took place on Feb. 4, one inside the bar and the other in the post’s parking lot. Hope Valley resident Ryan Gardiner, 26, arrived at the post on Thelma Drive at 4:30 p.m., according to police. He was drinking Bud Light and then Bacardi Rum with Diet Coke while taking shots of tequila every so often. In total, it was reported that he had two or more beers, two to three mixed drinks, and three or four shots before the first incident broke out at around 8:30 p.m. Two hours earlier at around 6:15 p.m., Wayne Bitgood, 49, of Charlestown, arrived to drive home his friend and post bartender Joan Maggs, whose shift ended at 6. But rather than take her home, they decided to stay and hang out. Bitgood began drinking Bud Light and taking shots of tequila, though it remains unclear how many drinks he consumed, Baruti said According to the police report, Gardiner was acting abrasive towards patrons before finally walking toward the exit at 8:30 p.m., when he called over to Bitgood. The two men met at the door and Bitgood is reported to have pulled out a knife, which Gardiner grabbed and threw outside. Gardiner, a black belt, then allegedly punched Bitgood in the face and kicked him in the torso and head before patrons broke up the fight. Gardiner left the scene as Bitgood was helped up and told the bartender not to call the police. Baruti said Gardiner reportedly returned 10 to 15 minutes later and confronted Bitgood, who was standing outside at the bottom of the stairs. Bitgood was then “savagely beaten” and stomped with steel-toed boots until he was unconscious. Gardiner left again. Officers then responded to the scene and Bitgood was transported to Rhode Island Hospital, where it was reported he spent three weeks in and out of consciousness. “He suffered severe injuries and he will deal with them the rest of his life,” Baruti said of Bitgood. Although the hospital records have not been released, Baruti said the man suffered kidney damage and lost a small portion of his liver and colon. Gardiner was arrested and charged with felony assault. He was arraigned in Fourth District Court and released on $2,000 personal recognizance. Baruti said the charge might be upgraded after he hears back from the state Attorney General’s office on the matter. Baruti then contested that the second incident could have been avoided if the police had been called. Also, he said there was clearly a problem with over-serving. After a brief questioning of the officer by the council, Taft spoke next. He said he was at the post that night. He did not witness either incident, though, as he was downstairs at a board meeting. But after the second reported beating, he said he stayed with Bitgood until paramedics arrived to try to keep him conscious. Taft addressed both the over-serving and the lack of a call to the police after the first fight. He said he had not heard of the number of drinks served until now. “Yes, that’s a lot of booze,” Taft added. “I definitely think there was an issue with over-service and it will definitely be addressed [by the board of directors].” Regarding not calling the police, Taft said that will be handled through the updates rules of conduct. Also, he said a sign will be put up indicating that the police will be called at the sign of any disturbance. Council President Thomas E. Buck said he hoped the post’s board would tighten its provisions so much that even a yelling match would be considered out of line. “Maybe it’s a drastic move but I’m sure there are plenty of patrons who are there to socialize [with] a drink … I’d hate to see it ruined for those individuals,” he said. Taft said that, to him, a disturbance is anyone who raises their voice as far as he is concerned. And he added that this incident between Bitgood and Gardiner is not one that is commonplace. The post’s bar manager, Jennifer Place, of Hope Valley, agreed. “It’s not a rodeo there,” she said. “It’s very quiet for the most part. This is just a really horrible incident that happened. “It’s not like we have this kind of stuff going on there all the time,” Place continued. The public hearing on the post’s liquor license was continued to June 8, when the council will re-visit the matter.
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