Latest news with #Penich
Yahoo
6 days ago
- Business
- Yahoo
Wrongful death lawsuit filed against man charged with murder in Beltline Road crash
DECATUR, Ala. (WHNT) — The family of the 17-year-old killed in a deadly Beltline Road crash has filed a wrongful death lawsuit against the driver of the other vehicle and other parties. On Tuesday, the family of 17-year-old Chloe Hastings filed a lawsuit against Kevin Jay Penich. Penich is charged with driving under the influence and murder in the deadly crash on Beltline Road on May 17. CLICK HERE for News 19's Interactive Radar 🌩️🌦️☔ In addition to Penich being named in the lawsuit, the document names five businesses that 'failed to negligently caused or failed to prevent Chloe Rose Hastings' death.' The businesses named are: Decatur OpCo, LLC, Buffalo Wild Wings, PattonWings, Inc., Buffalo Wild Wings, Wingin'It, LLC, Buffalo Wild Wings, Alfonso's Pizza, Inc. and Logan's Roadhouse II, LLC. The lawsuit says that before the deadly crash, Penich consumed alcohol from 'Decatur OpCo, LLC, dba Buffalo Wild Wings, and/or Patton Wings, Inc., dba Buffalo Wild Wings, and/or Wingin'It, LLC, dba Buffalo Wild Wings. Further, Kevin Jay Penich also consumed additional quantities of alcohol at Alfonso's Pizza, Inc. and Logan's Roadhouse II, LLC.' The document says the businesses sold Penich alcohol 'even though he was intoxicated.' Below are the charges listed in the lawsuit: This count is listed under 'The Alabama Dram Shop Act' and for the Alabama ABC Board Rules and Regulations, Section 20-X-6-.02. For 'The Alabama Dram Shop Act,' it says 'the wife, child, parent, or other person who shall be injured in person, property or means of support by any intoxicated person or in consequence of the intoxication of any person shall have the right of action against any person who shall, by selling, giving, or otherwise disposing of to another, contrary to the provisions of law, any liquors or beverages, cause the intoxication of such person for all damages actually sustained aswell asexemplary damages.' The Alabama ABC Board Rules and Regulations, Section 20-X-6-.02, states that no licensee or employee of a licensee should serve or dispense alcoholic beverages to any person visibly intoxicated. This count goes on to say that the businesses separately unlawfully sold alcohol to Penich, and his actions following his consumption of alcohol led to the death of Chloe. 📲 to stay updated on the go. 📧 to have news sent to your inbox. This charge is against those who were hired, trained and supervised bartenders, servers and other staff who are responsible for the sale of alcoholic beverages at the businesses listed at the start of the lawsuit. 'As a direct and foreseeable result of Defendants' negligent and/or wanton hiring, training, and supervision of these employees, Kevin Jay Penich was overserved and became intoxicated. Thereafter, he unlawfully, negligently, and recklessly operated a motor vehicle, colliding with the vehicle driven by Chloe Rose Hastings and causing her death,' the document says. This charge is against the businesses listed in the lawsuit. The document says the businesses breached their duty to responsibly serve alcoholic beverages. The lawsuit says the businesses negligently, wantonly, and/or recklessly caused and/or allowed Penich to become intoxicated and failed to take reasonable steps to prevent further service and/or Penich's consumption of alcohol. This count lists the negligent, wanton and/or reckless actions, but are not limited to: Serving alcohol to Defendant Penich when he was visibly intoxicated in violation of Alabama law Failing to properly monitor Defendant Penich's level of intoxication while continuing to serve him alcoholic beverages Failing to implement or enforce responsible alcohol service policies or procedures Failing to properly train employees on the legal and safe service of alcohol, including the duty to refuse service to an intoxicated person Encouraging or permitting excessive consumption of alcohol by Defendant Penich for purpose of increasing sales or tips Continuing to serve alcohol to Defendant Penich despite clear signs of intoxication, including slurred speech, unsteady gait, impaired motor function, and other obvious signs of impairment Failing to refuse further service of alcohol or to take reasonable steps to prevent Defendant Penich from operating a motor vehicle after becoming intoxicated This charge comes against Penich. The lawsuit says Penich negligently operated a motor vehicle and caused the collision that led to the death of Chloe. LOOKING FOR THE EXTENDED FORECAST? Click here to learn how to download the Live Alert 19 app This charge comes against Penich. As a direct result of Penich wantonly operating a motor vehicle, he caused the fiery collision that caused the death of Chloe. This charge against Penich says he had a duty to use reasonable care to avoid causing harm to others on the roadway. He violated the Alabama Rules of the Road by driving under the influence. Because of the direct and proximate consequence of Penich's actions, Chlose suffered injuries in the crash and she later died from said injuries. This charge is listed against Penich and the businesses listed in the lawsuit. It says that the defendants acted 'negligently, wantonly, and in violation of Alabama law.' As a result of this, the lawsuit says 'their combined and concurring conduct caused the wrongful death of Chloe.' In addition to the named defendants in the lawsuit, it also names several fictitious parties. For this count, fictitious party defendants No. 21-25 are listed. 'On or about May 17, 2025, Defendants No. 21-25, whose true names are unknown to Plaintiff but will be added by amendment when ascertained negligently entrusted a vehicle to Defendant KevinJay Penich, who by reason of his lack of skill or judgment or condition was not qualified to operate said vehicle in a reasonably safe manner, all of which Defendants No. 21-25 knew or should have known. As a proximate cause of the negligent entrustment by Defendants No. 21-25of a vehicle to DefendantKevin Jay Penich, Defendant Kevin Jay Penich so negligently and/or wantonly operated said vehicle so as to cause it to strike the vehicle driven by Chloe Rose Hastings, resulting in her fatal injuries,' the lawsuit reads. You can read the full lawsuit linked below. lawsuit-against-penichDownload Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
6 days ago
- General
- Yahoo
Decatur police officers testify in court about DUI crash that killed 17-year-old
Jun. 4—At a preliminary hearing Tuesday, officers testified that a Decatur man charged with DUI and murder admitted to drinking and claimed he had a high tolerance after crashing into another vehicle at more than 80 miles per hour and killing the driver. Kevin Jay Penich, 35, sat beside his court-appointed attorney, Patrick Caver, in the courtroom of Morgan County District Judge Shelly Waters. He watched silently as Caver and the prosecutor, Assistant District Attorney Courtney Schellack, questioned three Decatur police officers on the witness stand. Penich has been held without bond in the Morgan County Jail since his arrest on May 17 following an Aniah's Law hearing. According to an affidavit, he was detained after allegedly slamming his Toyota Camry into a Chevrolet Equinox driven by 17-year-old Chloe Hastings at Beltline Road and Westmead Drive Southwest. Hastings' vehicle burst into flames after the impact, and she was pronounced dead at the scene. The families of both Penich and Hastings were present at the hearing. Officer Grant Jones was the first witness to testify. "By the time you get there, the suspect is detained in the back of the patrol car?," Schellack asked. "That's correct," Jones replied. Jones said he consulted with other officers who were present at the scene about conversations Penich had with them. "They said he was slurring his words, stumbling around, and smelled of alcohol and had glassy, bloodshot eyes," Jones said. Jones said he then spoke with Penich to get his side of the story and Penich admitted to being drunk and driving under the influence, telling him he had several beers and several shots. Schellack then asked how compliant Penich was through the arrest process and Jones said he became "overly aggressive." "He blew kissy faces through the bars of the patrol car and called me a b**** and asked if I was married or single," Jones said. Jones said he had executed a search warrant to test Penich's blood but said it could be months before the results are returned. In the affidavit, it said Penich refused to perform any field sobriety tests or a breath test. Chad Chapman was the second officer to take the stand and told Schellack that Hastings was traveling north on Beltline Road and Penich hit her vehicle in the rear and sent her in the southbound lane. "He was traveling at a high rate of speed and appeared to break slightly before impact," Chapman said. Chapman said video footage of the crash was obtained from a nearby business, though he did not name the location. He testified that Penich was traveling over 80 miles per hour at the time of impact and had reached approximately 111 miles per hour shortly before the crash, according to data from his vehicle's onboard computer. The speed limit on that section of Beltline Road is 45 miles per hour, according to Schellack. Schellack then questioned Chapman about where Penich had been drinking prior to the wreck. "He went to Alfonzo's (Pizza & Italian Restaurant) and had two beers and four shots," Chapman said. "Then he went to Logan's (Roadhouse) and had two beers and four shots, and finally to Buffalo Wild Wings, where he had two beers and four shots." Schellack noted that Penich had posted pictures of himself drinking at Alfonzo's on Facebook earlier that day. "He left Alfonzo's at 5 and left Logan's at 7 to head to Buffalo Wild Wings," Chapman said. The wreck occurred shortly after 9 p.m., according to Decatur police. Chapman said witnesses at the establishments confirmed Penich had been drinking there and that police used receipts to determine the number of drinks he consumed. The final officer to testify, Matt Young, said he interviewed Penich at the jail on May 19. "(Penich) said he had a high tolerance for drinking and probably had too much to drink," Young said, adding that the case remains under active investigation. Waters concluded the hearing by finding probable cause to bind the case over to a grand jury. She said Penich will remain in custody following the court's previous decision under Aniah's Law. — or 256-340-2442.
