Ray Martinez, 50, and his 36-year-old cousin Kenneth Martinez were killed along with their cab driver, Daniel Magnuson, 46, last Nov. 24, when 21-year-old Gabriel Gurule ran a red light and struck the cab around 2 a.m. that morning at Lomas and Juan Tabo NE.

Gurule pleaded no contest late last month to three counts of vehicular homicide by DWI, and the Albuquerque tavern where he'd been drinking -- the Horse & Angel Tavern on Juan Tabo NE -- was cited by the State Investigations Division in early April for overserving Gurule, according to Journal reports here and here.

Now, the Department of Public Safety's SID has cited Malarky's bar at 25 Hotel Circle in Albuquerque for overserving the two men who died as passengers in the taxi, according to a DPS news release.

Also cited for serving the accident victims too much alcohol was bartender Mary Lotspeich, the release said.
The SID investigation found that the cab driver had picked up his passengers at Malarky's and that Lotspeich had overserved at least one of the two men, the release said.

One of the victims' blood alcohol level, according to toxicology reports, was 0.298, or more than three times the legal driving limit and more than twice the 0.14 standard used to support the charge of illegal sales to intoxicated persons, the release said.

The second passenger had a blood alcohol content of 0.12, according to toxicology reports.

Establishments that violate statutes and regulations of the Liquor Control Act face stiff penalties, up to and including fines and/or suspension of their liquor license, the release said.

And, according to the release, servers also face administrative sanctions, fines and up to a year in jail.

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