BEAUMONT, Texas — A Southeast Texas attorney has filed a suit alleging that two Southeast Texas businesses sold alcohol to a teen who is accused in a head-on wreck that killed a Beaumont Police officer and injured another.
Beaumont attorneys Zona Jones, Brian Sutton and Corey Crenshaw filed the suit on behalf of the family of Officer Sheena Yarbrough-Powell, 23, who was killed while on-duty in a head-on wreck early Sunday, August 9, 2020. Officer Gabriel Fells was seriously injured in the wreck.
Specifically the lawsuit, filed on Thursday, August 20, 2020, names Yarbrough-Powell's husband, Michael Powell, her parents, John and Sheila Yarbrough and Officer Gabriel Fells as plaintiffs in the lawsuit.
The lawsuit names Tequila's Mexican Restaurant Bar & Grill in Port Arthur as well as the Chevron Fuel Point convenience store in Groves and several individuals as defendants in the case.
The lawsuit does not mention a specific amount of damages sought but said that the plaintiffs are seeking "monetary relief in an amount exceeding $1,000,000, exclusive of interests and costs."
The suit alleges that Luis Torres, 18, of Port Arthur, who is accused of causing the head-on wreck, visited Tequila's on Memorial Blvd on Saturday night, August 9, 2020, and was served alcohol.
Staff at the restaurant did not verify Torres age and served and allowed him to drink "significant quantities of alcohol causing obvious intoxication" the lawsuit alleges.
The staff then allowed him to leave the restaurant "in an obviously intoxicated state" according to the lawsuit.
MORE | Read the entire lawsuit
Torres then visited the Chevron Fuel Point at 6099 Gulfway Drive in Groves late Saturday night and was sold more alcohol the suit alleges.
Clerks at the store did not verify the 18-year-old Torres' age and sold him two cases of beer even though he was "obviously intoxicated" according to the lawsuit.
They then let him leave the convenience store with the "extraordinarily large quantity of beer" the suit alleges.
"If those people are not acting as the appropriate gate keepers and taking advantage of people who drink too much to make money, they are putting all of us as risk," attorney Brian Sutton said. "If you can't be two police officers coming back from the jail to try and go home from a shift serving the citizens of this city, and still get run over by a drunk going the wrong way of the middle of a road, that's a massive problem."
Police say Torres, was driving a 2006 Ford Mustang with its headlights off headed the wrong way on Cardinal Drive near the Highway 347 overpass when he struck the officer’s cruiser.
Investigators with the Texas Alcoholic Beverage Commission have been looking into the possibility that Luis Torres, 18, of Port Arthur had been served drinks at Tequila's Mexican Bar and Grill on Memorial Boulevard in Port Arthur.
They are also investigating evidence that Torres may have purchased alcohol before the fatal wreck at a second location according to TABC public information office Chris Porter.
Porter confirmed the investigation but said he could not provide more specifics because the investigation is still active.
The TABC launched a preliminary investigation into Tequila's Mexican Bar and Grill on Memorial Boulevard focusing on a “source investigation” – essentially asking “were minors served improperly or were intoxicated persons being served" Porter previously told 12News.
Texas State Troopers believe Luis Torres, 18, of Port Arthur was drunk when he crashed into the police cruiser around 2:30 a.m. Sunday morning along Cardinal Drive.
According to a probable cause affidavit, his blood alcohol content was 296 mg/DL the morning of the crash. That's more than 3 times the legal limit.
The affidavit says his 'activities' before the crash were found on 'media platforms.'
"Additional information about Torres' activities leading to this event were found on several different media platforms, Torres own admission to consuming alcohol, and witnesses testimony all illustrate a night of heavy drinking," investigators said in the affidavit.
Torres is currently being held in the Jefferson County Correctional Facility bonds totaling $1.5 million.
He is facing two charges in connection with the wreck, including intoxication manslaughter and intoxication assault.
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This is a developing story. We will update with more if and when we receive more confirmed information.
