Danny Clemmons, assistant co-manager for The Giant Locker Roomat 1625 W. University Ave., said he remembers seeing MichaelMcKinney the morning he died.
Clemmons said McKinney was at the bar for about two hours andleft around 2:30 a.m.
"He was coherent enough to call a security member by name,"Clemmons said.
About an hour later he was shot and killed by a UniversityPolice officer. McKinney had been pounding on a woman's window andthe officer had been responding to the woman's 911 call. Hisfriends later said he was drunk and confused after spending thenight at several Muncie bars, including The Locker Room. He likelythought he was trying to get into a friend's house.
State law prohibits bars from selling alcohol to people who arealready intoxicated. Clemmons said that, to his knowledge, McKinneywas served one beer in those two hours. But owner Scott Dalton saidthis might not have accounted for other people buying him drinks.It is one of the problems bartenders face while trying to enforcethe law.
Dalton said every person acts differently under the influence ofalcohol. Someone could be drunk with a blood alcohol content of .15and still be walking, he said.
"They could be just as functional as a sober guy," Daltonsaid.
Bar employees are unsure if McKinney was intoxicated as he lefttheir establishments, but they are trained by Indiana Excise Policeto look for warning signs, and refuse service if necessary.
"If someone shows any sign of intoxication, an establishment nolonger has an obligation to serve them if they choose not to,"Lieutenant Michael Rosemeyer of Indiana State Excise Policesaid.
To help decide if a customer is intoxicated, Rosemeyer saidestablishments should look for qualities like bloodshot eyes,slurred speech and the inability to count change. If these traitsare present, Rosemeyer said the customer should not be servedanother drink.
Angie Estes, day manager at The Heorot, 219 S. Walnut, listedstumbling and obnoxious behavior as warning signs. Estes saidemployees also look for customers who look as though they mightfall asleep or have fallen asleep.
Employees of The Chug, 409 N. Martin St., try to benonconfrontational when approaching a person or group who may beintoxicated, Aaron Stewart, manager for The Chug, said.
"I've been in the bar system for three years," Stewart said."People might think it's a touchy situation, but it's notreally."
"If we tell the person they've had a little too much, most ofthe time they know they have and are pretty calm about it," Stewartsaid.
In some cases, a server is not dispensing alcohol to anintoxicated person directly. Friends may be buying drinks for anintoxicated person. Stewart said these cases require monitoring bythe bartender, server and security employees.
"The kids around here are really pretty responsible," Daltonsaid. "We see a lot of designated drivers."
Stewart said when employees must approach a group, they find aperson who looks responsible.
"We tell the group that a person can't have anymore," Stewartsaid. "We offer nonalcoholic drinks."
Stewart said nonalcoholic drinks are served in a different kindof cup than alcoholic drinks.
The Locker Room also has methods to help customers who might beintoxicated, Dalton said.
He said if the customer is intoxicated and does not have a ride,The Locker Room will pay for a taxi or buy the person water, Cokeor coffee. Dalton said the establishment is willing to go beyondthe state law's requirements.
"It (the law) doesn't say we are responsible for getting peoplehome," Dalton said. "Our security has taken them homesometimes."
Stewart said The Chug is willing to help an intoxicated customerfind safe transportation and the customer is responsible forpayment.
Dalton said keeping people safe is part of owning analcohol-serving establishment.
"My feeling is we have a responsibility to the community to makesure our customers and the public is safe and we adhere to that,"Dalton said.
Clemmons said The Giant Locker Room will do all it can to helpthe situation.
"Until they sober up, we believe they are our responsibility,"Clemmons said.
In a case like McKinney's, placing responsibility might bedifficult. Rosemeyer said in incidents where an establishment mightbe liable for serving an intoxicated person, an investigation mustbe conducted.
While customers might not be ready to end the night, baremployees have to stop serving alcohol because it is the law.
Rosemeyer said that establishments that serve alcohol by thedrink are, by law, required to stop serving at 3 a.m. Mondaythrough Saturday and 12:30 a.m. on Sundays. Establishments aregiven 30 minutes after this time to clear all glasses or bottles,Rosemeyer said.
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