Texas Alcoholic Beverage Commission Kwik Stop Incident Report

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Texas Alcoholic Beverage Commission-Arlington
Incident Report
Case No.
Report No.
Report Date:
288281
288281.1
513/2012
Texas Alcoholic: Sev.rage
Commll,Jon-Artlngton
2225 E Randol Mill Rd Ste
200
Ar1ington, TX 76011
817 652-5912
Name, Title
1
Paoe 1 d 3
- KWlK STOPML.K
Case Report SI8M V • Verified
0«000' On 12123/2011 11:00:00 AM
(ena Between)
t eeeucn 1909 MARTIN LUTHER KING JR
BLVD DALLAS TX 75215
Census/Gee
GOO
CAll Source
V" hide Aclivity
Ve/'Iide Travltw-.g
CrossStreet
Dele Entered
EmeredB)I
Data VerifIed
VerifIed By
Date Approved
Approved By
Connecting Cases
DJSPOSition
Clearl!lnC8 Reason
0_at CIeal"arlce
Repof1FIgAgency
5/3/20121:26:26 PM
842 • Browning, Tony
9/27/20126:42:49 PM
278 • Chadwick, Thomas
Admin Case No Criminal
Texas Alcoholic Beverage
Commission-Arlington
Arlington District Office
Reporting OffICer
842 - Browning, Tony
AssistedBy
Rtpon NaJTlDVe Approximately March 12th, 2012Arllngton District Office ofTABC began to receive em. ii, from a complainant in to an
assault that occurred on 12-23-2011 at Kwik Stop # 9 located at 1909 Martin Luther King Jr Blvd. Dallas. Tx and compla int 1506554was
generated and assigned to Agent Browning on Marcb 15th, 2012 in eflorts to investigate a possible breach that occurred at the licensed
localion orKwik Stop # 9 on December 23rd, 2011. Kwik Stop #9 is licensed under Beer and Wine Retailers Permit Q440919. The
permit 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 10-9-1953
became 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 it
staled that Pak was nol injared but found tbe tODtact orreastve, Pak also told the officen Ibat Car penter reached into hh panu pocket
nd gestured towards a dosed pocket knife and told Pak be would cut him. 00 Ibis date DPD officus tould Dotlot.te Carpenter. They
did however sptak to I wilnss willie It tbe 10c:atiOD. The witness was identified as Reginald Baker M1 01-03-1964. Baker told tbe
officers tbat bedid not observe the whole iod deat but stated that he observed Pak nit the store and INack Carpenter. Baker made the
statement 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 that
he 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 else
stated 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 the
Korean's male hand. After the black male (ell to tne ground. bolb Korean males began to auault the 81ack male. Mler a few minutes they
weal back iolo tbt store and leO Ibe black lillie tying OR lbe parkiae, klt ia fronl oflbe store . Bilker obKn'ed twootbcrs Black miles tblt
wert getting gu, go over to the BlICk malt that was aunlted. pick him up and moved him 10tbe left side of tbe Kwik Stop#9 and Ihey
drove 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 Police
Officer ,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 with
Carpenter wa' Sandra Crenshaw who i' an aettvlst for the community of where the incidenl occurred. I spoke to Carpenter and had him
tell me his side of the SIOry. This interview was also audio recorded. Carpenter agreed to give me a Voluntary Written Statement which
stated the following. Carpenter stated Ihat on at approximately I I :30 am he ran cut or gas in his vehicle In the JSOO block of
S Lamar In Dallas, Dallas County. He slated he received a ride from an unknown male 10 the Diamond Shamrock also known as Kwik
Stop # 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, Kwik
Stop # 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 the
container was nol an autborized conealner 10pul gas in. Carpenter tried 10nplaill lib situation. Carpenter identified Ihe 510re manager
as Tommy Pak, from personal koowledge. He stated Pa" rduKd to stU biOI any gas. aud Carpenter staled he told Pak..ha. Is why blltks
are picketing ia Iront of yonr store because you art nde to bllcks. Carpenter also told Pall. that he did Dolwant to spend hi, money al
Pak's store but with tile circumstances be hIIdDO choice, C...penter Ihen left the store. C"'pc'ater stated thai be talked to the u.known
male 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 the
store lind paid Pak 53.00 for gas and proceeded outside to pump his gas.. 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 staled "no" he did
nol 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 money
and 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 Hispanic
derk moved 10his rigbl side anempting 10grab blm. Carpenter scaled to defend lIimselfhe placed the gas conta iner in between bimself
and the clerk to defend blm off twice. Carpeeter stated Ibat be tried for the tbiTd time to pick up his money Tommy PIll. ,prayed him
with mace lind laud him ",itb Ibe mltt/tazer type weapon. He staled the clerk then suckered punch him wilh some type of baton twice in
the 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 gun
on 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 when
they did. Carpenter staled he was knocked unconscious and when he rrgained conscious he was al a churcb down tbe street named
Nel RMS_CR.rtf v2f Printed: OCtober 24, 2012 - 10:20 AM
Texas Alcoholic Beverage Commission-Arlington
Incident Report
Case No.
Report No.
Report Date:
288281
288281 .1
5/3/2012
Texas Alcohol ic Beve,..g.
Comml'llion-Artington
2225 E Randol Mill Ret Ste
200
Arlington, TX 76011
817 652-5912
Name , Title
2
Paae 2 oJ3
Cor nerstone. with dizzintn, eye, Dttk , and head injuries. Anrr CtrptnfCr rtaliud what bappc nrd he conl.Cled his r. mily, whl) took
him 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 pain
of his inj uries got severe. Carpenter advised me t hat t be hospital discbugcd bim fr om t he emergetey room Iba. day I nd he was advised
to 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 preventi ves to take for
concussions, his paio and possible inju ri es. Carpenter stated that he had appointment with hi! prima ry doctor on the 17th and he would
Cax me some documentation Crom his prima ry doctor. After I spoke to Car penter, Sgt Travla and I spoke to Mrs. Cre nshaw who had
concerns 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 talk to him aboot the incident lind to deliver a
Demand Letter Cor any video on the dat e o( the inc:ident at the locadon. Pall. was not at the location so 1conducted an Inspection of the
locatioA and left the lett er witb a cler k Identified as Et ban Kim AIM 02-10-84. 11150 Ittt Kim a car d and advised him to have Pall.ecntac t
me IS soon as po.ssible. On O4-1J-20nl attempted to ecetaet r ail. altbe Kwik Stop 119 and a clcr k 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 Pall. told bim to leU me be would back. I attempted to conlact
Pall. again by pbone al the sto re aDApri l 17.20nand no one answere d. On Apri l 20th, at approxi mate ly 7: 30 P I checked my office
\.oicemail remotely and there was a me",a a;: e fr om Richard Barrett·Cuetara which stated he was an atto rney and represented Pak . On
Apri l 24tb, 2012 I wa! at the Ar lington Offi ce aad in my box was a (ax (rom the attorney. After tal king to Sgt. Gra bam I was advised not
to contact Mr. Barrett. to Ka n documentatioa with the cast. Also Ibat day I received a voicemail from Mn . Crenshaw.attempted to call
her back but no one answer ed at the number she le:ft. On May h t,l r eceived a (ax from Ca rpe nter statiog be could not Ond anymore
witnesses to the incident but Kat me some medical documentation where he went to an emergency clinic recently for pain from his inju ries
from 12-2.1-2012.
At the concl usion of the hn'C3tigatlOn. it WIS condaded tba t a Ortaeb did tab place at a licensed location Q440919 Kwll.: Stop# 9
locat ed at 1909 Marti n Lut her King Blvd, Dallas, Dallas Co on 12·1J..2011 witb Mr. Carpenter being involved. A check was eondueted of
the 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 #9
about the breach. which all license and permit holden of TABC are required to submit to the agency, Based on the state ments,
documentation and photos of Carpenter , an Administrative Cue will be filed on Kwik Stop 119 0440919 (or Breach. All documentation
from all par ties involved will be with this report along with photos of Car penter ' s Injuries provided by Carpenter. Administ rative Notice
288281 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 • Dallas
Adrnll'liSb'atwe Noflc6 NU1lber/ s 288281
55N
Ellpiril hon Date
"""'" Cor'pome OfficeIPartnerlCont8Ct Penon
r... Ni,M'TI ber
10/1812013
05 -
Tommy Pak
Licensee I Pemlltee
Court Of J urisdod ion
r' le
Corp, Woo Kim
50a h
000 ·
OtherlResponsible
person
Lk enu PtrmItI
Q440919
Offense Detail: 511 - Breach of Peace, Simple
OffenH Description 511 - Breach of Peace, Simple
lOR Code 90l . All Other Offenses
IBRGroup B
Cnma Againlt
Using
Crimil'\lll ActIVity
W06pon&lForce
Witness W1: Baker, Reginald
Location
..
Completed?
HatelBias
Domestie VIOlence
07 - Convenience Store
Yes
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
55N
AKA 5..
M-Male
DeN
"""'l"
..."
B - Bl ack
OLH Stale
.......
1026 Shadywood
EltYlieity
U - Unknown
OlN CouolJy
CSZ
Desoto, TX
HI
""-'''''''''''''
bus driver
WI. EmplDyltf1School
dart
Ho",. """'"
469 226-o4lJ4
Eye Cd«
BRO • Brown
Res. Co.rrty
dalla s
W<K1< """'"
Hair Ct*;lr
BLK ·Black
Res COlrItry
1234
F8CiaIHw ReaiOontStatus
R - Resident
All"
Skll"l
DBR • Dark Brown
W(l''lQS$ NOIIlIO
Printed October 24, 2012 . 10:20 AM
Texas Alcoholic Beverage Commission-Arlington
Incident Report
Case No.
Report No.
Report Dale:
288281
288281.1
513/2012
Te..s A ~ o h o U c a everag,
Commlsalon-Ar1l ngt on
2225 E Randoi Mill Rd Ste
200
Arlington. TX 76011
817 652-5912
Name,TItIe
3
Pace 3 of 3
Other Entity: 01 - Carpenter, Arthur
entity Code 01
Ent" Type OP _Other Person( s) Involved
Name Carpenter, Arth ur
AKA
A1ert(s)
Address 1514 EWaco
CS2 Dallas, TX 75216
HomePhone 214 981-4464
Wo<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
dallas
Hair Color
BLK - Black
Res. Coortty
1234
FQCial Hair R• • ident Status
R- Resident
Skin
DBR • Dark Brown
Pmted October 24, 2012 · 10:20 AM
TABC DOCKET NO. 610289
WOO KIM CORP.
D/B/A KWIK-STOP #9
PERMITILICENSE 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. The
following findings of fact and conclusions oflaw are hereby made:
WOO KIM CORP., Respondent, is the holder ofa Wine Only Package Store Permit. The
licensed 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 Settlement
Agreement and Waiver of Hearing, and accepts the penalty assessed below.
IT IS FOUND that on or about December 23,2011, Respondent, WOO KIM CORP., or
Respondent's agent, servant, or employee, failed to promptly report a breach of the peace on the
licensed premises to the Commission. By failing to promptly report a breach of the peace on the
licensed 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 peace
occurred on the premises, or on the premises under Respondent's control. Said breach of the
peace was not beyond the control of Respondent, agent , servant, or employee, and resulted from
the Respondent' s improper supervision of persons permitted to be on the licensed premi ses or on
premises under Respondent ' s control. By allowing a breach of the peace on the licensed premi ses
that was not beyond the Respondent 's control and resulted from the Respondent's improper
supervision of persons on the premises, Respondent violated Texas Alcoholi c Beverage Code §§
24.11 and /1.61 (b) (2).
In accordance with the agreed waiver, Respondent's permit(s) and/or Iieense(s) will
be SUSPENDED for FIVE (5) days.
IT IS THEREFORE ORDERED that unless the Respondent pays a civil penalty in the
amount of $1,500.00 on or before the 25
TH
day of September 2012 , all rights and privileges
granted by the Commission under the above described permi t(s) and/or license(s) will be
SUSPENDED 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 the
purpo se of resolving the disputed administrative allegations only, which Respondent expressly
denies. 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 to
any 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 indicated
below.
SIGNED on August 29. 2012.
On Behalf of the Administrator,
~ ; ( f a J J
Sherry Cook, Administrator
Texas Alcoholic Beverage Commission
Richard Barrett- Cuetara
ATTORNEY FOR RESPONDENT
90 I Main Street, Suite 4600
Dallas, Texas 75202
VIA FACSIMILE: (214) 245-3097
Woo Kim Corp.
d/b/a Kwik-Stop #9
RESPONDENT
1909 Martin Luther King Jr. Boulevard
Dallas, Texas 75215
REGULAR U. S. FIRST CLASS MAIL
Lisa Crissman
ATTORNEY FOR THE COMMISSION
Legal Services Division
Sandy Higdon - Licensing Division
Lt. Michael Lockhart - Arlington District Office
TEXAS ALCOHOLIC BEVERAGE COMMISSION
CIVIL 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 amount
f or civil penalty is included on the attached order.
YOU HAVE THE OPTION TO PAY THE CIVIL PENALTY ONLY IF YOU PAY THE
ENTIRE AMOUNT ON OR BEFORE THE DUE DATE, AFTER THAT DATE YOUR
LICENSE OR PERMIT W I I ~ L BE SUSPENDED FOR THE TIME PERIOD STATED ON
THE ORDER.
Mail this form with your payment to:
TEXAS ALCOHOLIC BEVERAGE COMMISSION
P,0 , Box 13127
Auslin, 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 or
company check nor partial payment accepted. Your payment will be returned if anything is
incorrect. 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 tI9
PERMITILICENSE NO(.). 044091 9
DALLAS COUNTY, TEXAS
§
i
i
i
i
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 administer and enforce the provisiotL5 of the Texas Alcohol ic Beverage Code (Code ),
and the rules adopted 10 implement the Code (Rules).
WOO KIM CORP., Respcndenr, is the holder ora Wine Only Package Store Permit The
licensed 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 authority to emer
into and bind the Respondent to the terms of lhis Srnlemenl A ~ e n l and Waiver of Hearing
(Agreement).
The Commission alleges that Respondent Dr Respondent's agent , servant or employee
engaged in conduct, permitted conduct, andlor failed 10 prevent or control conduct as follows:
I
On or about December 23, 2011, Respondent, woo KIM CORP ., or
Respondent's agent, servant, or employee, failed to promptly report a breach of
the peace on the licensed premises to the Commission. By failing to promptly
report 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).
II
On 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 not
beyond the control of Respondent. agent, servant, or employee, and resulted from
the Respondent's improper !upa-vision of persons permitted 10be on the licensed
premises or on premisesuoder Respondent's control. By allowing a breach of the
peace on the licensed premises that was not beyond the Respondent's control and
resulted 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 C J l . ~ offormaJ proceedings and 10 peacefully resolve
these disputed allc88rioDI, the parties have Igreed 10 finally resolve the maners alleged by
acupting the following tCfl'n$ and condi tions : .
Respondent understands and agrees that IT WlLL BE FOUND thai on or abo ut
December 23, 2011 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) days
for !:he above-referenced violation(s).
Respondent understands that there is an opportunity to pay 8 civil penalty in the amount
of51,500.00 on or before the 15
111
day of September 1011. If the civil penalty is not received by
the Commission as described above, all rights and privileges granted by the Commission under
the above-described permins) and/or Iiccnsc(,) will be SUSPENDED for a period of FIVE(5)
day" beginning at 12:01 A.M. on 3
r
• day 01 October %012.
into this Agreement may result in the forfeiture of your condu ... surety
bond.
Respondent understands that this Agreement settles only the alleged violation(s) listed
above.
Respondent understands that this Agreement docs not effect authority of the
Commission to enforce the Code and Rules for future violations, or exclude the above violations
from being used to enhance penalties for future violations oflhe Code and Rules.
Respcndenr understands the opportunity for a contested case hearing includes: the right to
be heard by an impartial person; the right to be represented by an attomey; and the right to
respond to and offer evidence and argument. Respondent agrees to waive the opportunity for a
hearing, including all rights to file a motion for rehearing, and the right to an appeal on the
violation listed above.
The parties agree that this settlement agreement and its provisions are entered into for the
purpose of resolving the disputed administrative allegations only, which Respondent expressly
denies. TIiIS AGREEMENT SHALL NOT TO BE CONSmUED AS AN ADMISSION BY
RESPONDENT. ITS OFFICERS. AGENTS, SERVANTS OR EMPLOYEES. AS TO TIiE
UNDERLYING FAGfS WHICH FORM THE BASIS OF THIS ACTION OR TO ANY CIVIL
OR CRlMINAL L1ABILllY.
Respondent agrees that this Agreement becomes final and enforceable on the date the
Order is signed.
AGREEDTO by Richard Barren-Cuetara, Attorney. acting on behalf of
the Respondent, on of August 2012.
TABC Docket No. 610289
Waiver Agreement
11 P a g c
ACCEPTED by the Texas Alcoholic Beverage Commission on this 2!!!!day of August
2012.
TADe Docket No. 610289
WaiverAgreement
31 F it g C
>
j

StaluSDale 08JSI2012
DrsocsmcnDate 0611112012
Prlv.tee...
Status 60 Admlnlstr1ltl'veCase Cloud
Disposition 02 Admlnlatnlttv. Cas. Flied
REspon$IDIe CRISSMAN, USA · k=r1Nm Responder< KWIK·STOPi19 Doc.ket# 810289
LieType Q . Wine Only Pickage Store Permit
Compl all'ltti 810289
__.. .. _ __ .. _- _ ..__ _.• ..._.•.•_ .._._ -- -_ •.... .
ust. Detail ;
PardS 1600.00
Due 09125120'2
PaymentDate 0912412012
Completed 09I2Si20'2

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08l2at2012
CRISSMAN, USA · lcrtssm
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