From Deseret News archives:

Bar owners feeling sting of DUI laws

Published: Saturday, July 20, 2002 8:18 p.m. MDT
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— From court record document, a deposition of Paul Upwall, convicted of DUI and automobile homicide, and gathered as part of the dram shop case filed by the family of Christopher Oseguera.


In the early morning hours of Jan. 15, 2001, Oseguera, Aaron Sharples and Casey Dugdale were in the Jeep waiting for a red light at the corner of 3500 South and 3200 West in West Valley City, according to a review of court documents and West Valley City police reports. The young men had been at the Bay, a Salt Lake nightspot. According to police documents, none had alcohol in their blood system.

Upwall was driving a Ford 350 diesel truck, zooming west on 3500 South at speeds between 60 and 100 mph, according to witnesses, when he slammed into the Jeep. Documents from police and witnesses provide details of the crash.

"A citizen was dragging someone from the Jeep who was fully engulfed in flames. One other occupant was still inside the Jeep and was on fire along with the car," a West Valley police officer wrote in his report. "The driver, later identified as Chris Oseguera, was still alive and was trying to pull himself out of the Jeep."

Story continues below
From another series of interviews: "(Two witnesses) ran over to help pull people from the Jeep. (One witness) called to the driver of the truck and asked him to come help. The driver started to run. (The witness) followed him . . . before turning back. The driver kept stumbling and falling down," according to the report.


"On the night of Jan. 14, subject Paul Upwall became over-intoxicated at Liquid Joe's. He subsequently was determined to be the cause of a traffic accident which resulted in the deaths of two victims."

— From the notice of a violation written by the Utah Division of Investigations to the Utah Department of Alcoholic Beverage Control, Aug. 23, 2001.


In cases like this, there are three avenues that victims' families can explore for redress.

First, the DUI driver can be charged, convicted and sentenced in court. Indeed, as part of a plea agreement, Upwall, now 33, eventually was charged with one count of second-degree felony automobile homicide and one misdemeanor count of driving under the influence. He was convicted and sentenced to five to 20 years in prison. His first parole hearing will be Nov. 5, 2005.

Recent comments

that was sad that someone lost their life because someone had to...

chris | May 15, 2008 at 11:39 a.m.

that is just sad they had just begon to live life and that guy killed...

chris | May 15, 2008 at 11:34 a.m.

Image
Jeffrey D. Allred, Deseret News

Liquid Joe's in Salt Lake County is closed due to alcohol violations.

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