Bar owners feeling sting of DUI laws

"Gone Fishin'," says the marquee sign in front of Liquid Joe's on 3300 South in the Millcreek area.

The bar has been closed since June 30. The Utah Department of Alcoholic Beverage Control recently suspended its license to serve alcohol. This followed an investigation that began when two young men died in a fiery car crash Jan. 15, 2001, caused by an impaired driver who says he spent the night of the crash slugging back four to five drinks an hour at Liquid Joe's.

Christopher Oseguera, then 18, and Casey Dugdale, 19, died about five hours after Paul D. Upwall first ordered a drink called the "Mind Eraser" to kick off a night of partying more than two years ago.

After the club closed, Upwall was driving about 70 miles per hour when he rear-ended a white Jeep Wrangler carrying the two young men and their friend, causing the Jeep to roll over and catch fire.

A third passenger, Aaron Sharples, was thrown from the Jeep and suffered critical injuries. While Upwall ran from the scene, Oseguera and Dugdale burned with the vehicle.

So the folksy, light-hearted tone of the "Gone Fishin' " sign located at 1249 E. 3300 South, doesn't sit well with Debra Hudson, Oseguera's aunt.

"I wanted to see that the place was actually closed, and I saw the 'Gone Fishin' sign. I took that as a slap," she said. "I took it personally. I know that's not how they meant it, but they should have just said, 'Closed.' That just seemed a little big."

Ron Yengich, defense attorney for Liquid Joe's, was out of town and unavailable to comment on the case.

Liquid Joe's reopens Monday. But alcohol enforcement officers and victims' families say they will keep working to penalize businesses that place booze in front of deadly drunken drivers.

"It's an important part of the drinking problem," Hudson said. "These bar owners haven't had to reap any consequences."

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Question: Were you served alcoholic beverages by Liquid Joe's after the time that you had become intoxicated?

Paul Upwall: Yes.

Question: Did anyone at Liquid Joe's ever cut you off, for any reason, short of the time when they said, "It's time. The bar is closing?"

Upwall: No.

Question: From the time that you became intoxicated there, you continued to drink, more or less, continuously until closing. Is that right?

Upwall: Yes.

— 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.

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