TYLER, Texas — The Texas Alcoholic Beverage Commission is pursuing charges against Rose City Draft House for allegations of selling alcoholic beverage to an intoxicated man, who police say drove intoxicated and killed a Tyler Legacy High School band senior.
Jason Charles is charged with intoxication manslaughter in connection with a Jan. 14 wreck that led to the death of Lillian Dawn Thornburgh, 17. He has been in the Smith County Jail since Jan. 15.
According to an arrest affidavit, while Charles was on the way to the hospital after the crash, an officer heard him say he had his “favorite drink,” which is Crown and coke, about six times at the Rose City Draft House in Tyler.
Police later collected three receipts from the Rose City Draft House showing the drinks he purchased included Crown Royal, the affidavit reads.
Chris Porter, TABC public information officer, said in a statement the investigation into Rose City Draft House is complete. TABC is pursuing administrative charges for sale of alcoholic beverage to an intoxicated person and violations of the Alcoholic Beverage Code.
The ABC code states that the business must not operate in a place or manner that endangers public safety. The case is still pending and no penalties have been issued yet, Porter said.
Charles, who was driving a black Chevy Silverado, struck the rear of a white Dodge Ram that Thornburgh was driving on Jan. 14. Both drivers were traveling northbound, police said.
Because of the crash, Thornburgh's car hit a curb and flipped into the front yard of a residence on the east side of the road. She was pinned in the cab of the truck as the cab mostly collapsed.
Charles was able to exit his vehicle as it struck a tree. Both were taken to UT Health by EMS and Charles was later arrested, police said.
Police said in the affidavit he told hospital staff he knew he was in trouble because he was drunk. Around the same time, an officer learned Thornburgh was still unresponsive with a serious brain injury that would cause her to be either in a vegetative state or possibly die.
On Jan. 16 (two days after the wreck), medical staff told Tyler police Thornburgh died.
On the night of the wreck, police reported Charles was “unsteady on his feet, had an altered mental state, made rambling statements that did not make sense, had slurred speech, and was very emotional.”
