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In the future, food-service establishments may be held responsible if a violent crime occurs in or near their place of business, even when those involved are kicked out.
A bill that has languished since Sept. 18 in Council’s Public Safety and Licenses and Inspections joint committees has been getting more attention since the death of David Sale Jr., who was allegedly killed by three men, who have since been arrested, following what police believe was a spat over a spilled beer at McFadden’s Restaurant and Saloon in Citizens Bank Park July 25.
However, 4th District Councilman Curtis Jones Jr., who co-sponsored the bill introduced by 8th District Councilwoman Donna Reed Miller, will either add a requirement to call 911 to the one on the table that already proposes "licensees operating a food-service establishment to cooperate in the reporting and investigation of violent crimes in or near the establishment" or introduce a new one next session to give it "more teeth," Jones’ spokesman Josh Cohen said.
If the 911 call is not made and a violent crime does occur, the location could lose its licenses and possibly be fined, although deciding when to call for what may be a petty fight versus something that may escalate into a deadly situation has not yet been determined, Cohen added.
And, occasionally, the line is a very thin one, though Safir Orion believes it’s a clear one.
"We don’t need a law," the resident of 18th and Dickinson streets said. "It’s called social responsibility."
While not for a mandate determining how to respond to such situations, Orion also does not want to see the police spread too thin, adding security in parking lots may be what’s needed.
"I think there should be a check-in system — some sort of presence to make sure no one goes overboard," he said.
McFadden’s, One Citizens Bank Way, kicked out both groups — Sale’s group of eight men celebrating a bachelor party, the other members of a 30-person bar tour from Fishtown — when the fight began in the tavern at about 7 p.m., but, in Salvatore Lucifero’s eyes, it would be at fault if the crime happened inside its doors. The resident of 17th and Porter streets pointed out, "Outside, you can’t stop everything."
Still, bars and restaurants are obligated to protect its patrons and prevent another episode like Sale’s from happening again, he said.
"All these businesses should have some type of a system," he said. "If there’s a problem, straighten it out."
A McFadden’s manager directed all calls to the Phillies and the police department.
According to Sgt. Ray Evers of the Police Public Affairs Unit, police response time would have been better if 911 was contacted at the onset of the fight while still at McFadden’s. Commissioner Charles Ramsey has agreed this death could have been averted, Evers added.
"If 911 was called sooner, we might have prevented the death of Mr. Sale," Evers said.
As for security at the sports complex, Evers said the police presence at games will remain consistent with more officers as always at events against "opposing teams that have a long track record" such as the Eagles against the Giants or Cowboys and the Phillies against the Mets.
"At this time, we will be looking for issues as we always do," he said.
The Phillies have expressed their condolences to the family and appreciation to the police, but denied comment on the incident, as it is an open homicide case, Mike Stiles, senior vice president of administration and operations, said.
As for ballpark security, which includes private groups and city police in the parking lots, he added, "I’ve said to people who have expressed concern that we make adjustments all the time to security and, if it’s appropriate, we’ll make adjustments, but we’re not going to discuss it publicly."
Carmen Cicirello works as a bar back at a local tavern, which instructs its patrons to take fights outside. While this may not be the best policy, he said, the incident in the ballpark’s lot M was due to "stupidity," as a spilled beer is nothing to fight about.
"’OK, let me buy you another one,’" the resident of Sixth and Wharton streets said. "That can be resolved."
At some point during the Phillies game against the St. Louis Cardinals, Sale, a 22-year-old Lansdale resident, entered McFadden’s with his party, as did the group from Fishtown, Saturday afternoon.
After a beer was allegedly spilled inside the establishment, a fight ensued and management kicked out both parties. The argument apparently didn’t end there. A few blocks away in the M lot at Seventh Street and Pattison Avenue, Charles Bowers, 35, of the Northeast; James Groves, 45, of Fishtown; and Francis Kirchner, 28, also of Fishtown, allegedly held down Sale and kicked him until he lost consciousness, police said last week. It is unclear who called officers, but the cops arrived in the midst of the fight, police said following the incident.
Sale was transported to Hospital of the University of Pennsylvania in critical condition with head and chest trauma. He was pronounced dead less than 40 minutes after the confrontation inside the bar. Bowers and Grovers were arrested at the scene; Kirchner had fled in a car prior to police arrival, but surrendered to officers two days later.
The trio has been charged with murder and criminal conspiracy, according to court documents.
Yet, this is not the first run-in with the law for the three.
According to court documents, Bowers was found guilty of simple assault in 1993, serving six to 23 months in jail. Groves was charged with recklessly endangering another person and harassment in ’74 and disorderly conduct in ’83, but in both cases the charges were dropped. Kirchner is in the midst of a four-year probation stemming from charges of simple assault and recklessly endangering another person in 2006.
In the aftermath of the 22-year-old’s death, friend Dan Curran has set up an online memorial fund to benefit Sale’s family and help alleviate funeral costs. A "Stop the Violence" hip-hop show at the Trocadero, 1003 Arch St., Aug. 9, as well as two fundraisers in Montgomery County later this month, will all benefit the fund.
A Facebook page for the fund has grown to more than 850 members with friends and even those who never met Sale leaving condolences for the family. One woman who claims she witnessed the final moments of the incident denounced it as a "senseless act of violence."
"I’ve never known Dave or any of his family," she posted to the site. "Unfortunately, my husband and I happened upon the scene of the fight in the parking lot, but got there too late to do anything to help. The people were already pulling the other men away. My thoughts and prayers go out to David’s family and friends."
It is a sad situation especially for the family, Orion said. He just hopes, if a bill requiring establishments to call 911 at the onset of a violent situation is going to be written, it is written correctly.
"I’d like to see a repeat [for the Phillies World Series win], but not a repeat of what just occurred," he said.
