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Friday, October 30, 2009

Rio Chama Followed Rules

By Jeff Jinnett
President, Rio Chama
          The Albuquerque Journal has published several stories and an editorial critical of the Rio Chama restaurant regarding the tragic events relating to the night William Tenorio was hit by Carlos Fierro's car. This accident has had tragic repercussions for everyone involved, and we have the greatest sympathy for Tenorio's family. One can hardly imagine a more devastating situation than the loss of a loved one and the consequences that have followed. However, the continued speculation and innuendo in the press is adding Rio Chama and its trained staff to the list of victims.
        Rio Chama serves over 150,000 guests every year, and in the 8 1/2 years we have been open we have never received an alcohol related citation. We take our responsibilities relating to alcohol service in our restaurant and bar very seriously.
        Rio Chama's wait staff, bartenders and management team have fully cooperated with all of the investigations surrounding the accident and have provided complete documentation regarding the alcohol served to Fierro, Alfred Lovato and, as the court testimony has indicated, a third person joining them for part of the evening.
        Rio Chama personnel spent many hours with the various investigators. Eight of us were interviewed, at varying times following the accident, and four of us were called to testify at the pretrial hearing. Eight of us were subpoenaed to testify, and four of us were called to testify at the recent criminal trial. The facts as they relate to events at Rio Chama have been thoroughly examined, first by the investigators and later in open court before the jury. The servers who testified were cross-examined regarding their training and knowledge of responsible alcohol service and the signs of alcohol impairment.
        The investigators and the public know the details of Fierro's, Lovato's and the third man's tab at Rio Chama because we kept records and made them available to the investigators. The investigators learned that it was 11:51 p.m. when Fierro and Lovato closed their check and left Rio Chama because of our records. Eyewitnesses have testified that Fierro and Lovato did not appear impaired when they left Rio Chama.
        Subsequent events were investigated and accounts were presented at the trial of Fierro. The accident occurred just before 2 a.m., about two hours after the men left Rio Chama.
        The Journal has suggested repeatedly that Rio Chama must have done something wrong, continuing to recite that the owner of Rio Chama is a "prominent businessman" and "a big supporter of (Gov. Bill) Richardson." Frankly, I don't follow the logic of this argument, nor do I see how either fact is relevant.
        Lawyers familiar with the procedures for criminal investigations expect that the criminal investigators will take the lead. Journal reporters seem to suggest that there is something irregular because this procedure was followed in the Fierro case.
        The Rio Chama staff is trained to recognize and stop serving an impaired patron. They are trained and directed to follow the law and they followed it. Contrary to the Journal stories, there is no law against bar hopping and contrary to the reporters' implication, the first bar visited is not automatically responsible for events that occurred a stop or two later.