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Tyler sports bar under investigation for possibly overserving man who struck, injured construction worker

Matthew Ray Pallitto, 35, of Tyler, is charged with intoxication assault with a vehicle and disregarding an official traffic control device.

TYLER, Texas — Editor's Note: The above was published on Nov. 10, 2022. 

A Tyler sports bar is under investigation for allegations of overserving a man accused of striking and injuring a construction worker on Highway 155 in Tyler early Thursday morning. 

Matthew Ray Pallitto, 35, of Tyler, is charged with intoxication assault with a vehicle and disregarding an official traffic control device. His bond totaled $50,500. He was released from the Smith County Jail on Thursday, according to online records. 

Chris Porter, public information officer for the Texas Alcoholic Beverage Commission, confirmed that Where's Rufus Sports Bar, located at 6100 S Broadway Ave. #100, is under investigation for possibly selling alcohol to an intoxicated person in connection with this wreck.

Around 12:30 a.m. Thursday, the Texas Department of Public Safety responded to a wreck involving the driver, who officials later confirmed was Pallitto, hitting a mower that a construction worker was driving. 

DPS said Pallitto also struck two pickup trucks owned by the construction company. 

According to a DPS trooper, the construction worker's injuries were "obviously serious" and he was taken to the hospital. 

Porter said TABC conducts a trace investigation to determine if alcohol was served improperly, meaning the customer was intoxicated when they received the alcohol.

TABC also said last week that Where's Rufus is also under investigation in connection with the wreck that killed Smith County Deputy Lorenzo Bustos in July. 

Porter said in a statement that Where's Rufus was investigated for the July 29 crash that killed Bustos, 29, on State Highway 155. 

Daniel Nyabuto, 21, of Grand Prairie, is charged with intoxication manslaughter causing the death of a peace officer. He remains jailed in the Gregg County Jail on a $500,000 bond.

The investigation resulted in discovering the bar "violated the Alcoholic Beverage Code’s requirement that the business not operate in a place or manner which endangers public safety," Porter said. 

That case remains pending at this time, Porter said. 

RELATED: Construction worker hospitalized after being hit by alleged drunk driver on Highway 155

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

 

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