Saugus bar that served wrong-way driver 9 drinks before deadly collision with trooper faces hearing

Regulators are now deciding whether to punish a restaurant and bar in Saugus where a man drank before killing a Massachusetts State Police trooper in a wrong-way crash. Investigators say Tribu Mexican Kitchen and Bar on Route 1 served Herman Marrero nine drinks in the hours before the deadly collision with Trooper Kevin Trainor.

Tribu was the subject of an Alcoholic Beverages Control Commission hearing on Tuesday. The restaurant is accused of serving after hours and providing the 50-year-old Marrero with free alcoholic drinks, which is against the law in Massachusetts.

"We believe that we have submitted substantial evidence to provide satisfactory proof that Tribu violated or permitted a violation," ABCC associate general counsel Henry DiGiacomo said. 

Supervising investigator Caroline Guarino testified that surveillance video showed how many drinks Marrero had at the Mexican restaurant on Cinco de Mayo. She said a bartender poured his final drink at 12:53 a.m. - just over an hour before he drove the wrong way on Route 1 and crashed into Trainer in Lynnfield.

"Marrero is viewed on video consuming this alcoholic beverage, which is Marrero's ninth alcoholic beverage and the seventh alcoholic beverage not paid for by Marrero," Guarino said.

Toxicological testing after the crash showed that Marrero's blood alcohol concentration was 0.192, more than twice the legal limit, investigators said.

Tribu owners Paul Mongui and Abner Gonzalez both attended the hearing while their lawyer, Tracy Firicano, told commissioners, "This is an isolated occurrence."

"My clients are taking these violations very, very seriously," Firicano said. "While there are numerous violations, context is important. The context of it being one evening."

Marrero also died in the crash. Firicano said he was very close friends with the bar's manager and they have implemented additional measures so no violations will occur in the future.

"Sadly, two people lost their lives here. That's a tragedy," she said. "However, the issues before you honorable commission members are very narrow ones. And that doesn't minimize the tragedy. All it does is keep it right-sized and narrows the focus on the evidence presented to you."

The commission said it would issue a written ruling at a later date.