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Tyler sports bar under investigation again for overserving man who struck construction worker

Where's Rufus Sports Bar is also under investigation for allegedly overserving the driver accused of striking and killing a Smith County deputy in July.

TYLER, Texas — A Tyler bar is under investigation for its alleged role in a drunk driving crash that sent a construction worker to the hospital.

On Nov. 10 around 12:30 a.m., CBS19 was on the scene of a crash along State Highway 155.

Police said a driver struck a construction worker. 

Matthew Pallitto, 35, was arrested and charged with intoxication assault with a vehicle and disregarding an official traffic control device. 

On Monday, the Texas Alcoholic Beverage Commission confirmed to CBS19 its own investigation -- to determine if Pallitto was at Where's Rufus Sports Bar prior to the crash. 

"What we're doing now is investigating to determine if any alcohol was served improperly at that location," said Chris Porter, TABC public information officer. 

This means collecting any and all evidence to determine if the business will be held accountable. Porter said he can't reveal the complete operation. 

"I can say that we interview witnesses, we take a look at security footage, in addition to any evidence that might show the purchase of an alcoholic beverage prior to the accident," said Porter. 

Porter says that the sports bar is innocent until proven guilty; however, this is the bar's fourth violation. 

One of them includes allegedly over serving the driver accused of striking and killing Smith County Deputy Lorenzo Bustos in July this year. 

Porter said bars and restaurants that are repeat offenders face harsher penalties.

"It could lead both to stricter penalties, higher fines, longer suspensions or in extreme cases of extreme cases of repeated violations, it could lead to a permanent cancellation of the business's permit to sell alcohol," he said. 

Where's Rufus can continue operating until the investigation is complete.

RELATED: TABC: Tyler draft house charged with overserving man involved in wreck that killed Tyler Legacy student

RELATED: TABC investigating Tyler bar in Smith County Sheriff's Deputy death

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