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Published online 12/8/2007 12:19 AM

Bartender's conviction in death thrown out

By John Green - The Hutchinson News - jgreen@hutchnews.com

The Kansas Supreme Court has thrown out the manslaughter conviction of a former Hutchinson bartender blamed for the death of a patron who'd participated in a drinking game in his bar.

Billy Scott was convicted of involuntary manslaughter in September 2005 for the July 2004 death of Juanita Goodpasture. He was sentenced to nearly four years in prison, but has remained free on bond.

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Attempts to reach Scott, who cannot be retried, and members of Goodpasture's family were unsuccessful Friday.

In its ruling, issued Friday morning, the court found prosecutors did not prove that the "Stoplight Challenge" drink served by Scott was the cause of Goodpasture's death.

Hutchinson attorney Kerry Granger, who defended Scott in the trial televised nationally on Court TV, said the ruling will be a relief for all bartenders concerned about potential criminal liability in serving customers.

"Of course, I'm extremely pleased and feel justified in how I handled the case at trial," Granger said. "Even if a game was played, it didn't cause her death. I argued to the jury it was a matter of personal responsibility. She was going to drink that night, no matter what."

The state contended that, though Goodpasture's death was unintentional, Scott's offering a drinking game, which is illegal in Kansas, made him responsible.Despite the court's ruling, Reno County District Attorney Keith Schroeder said he believes the case needed to be prosecuted.

"The jury agreed," he said. "That kind of conduct isn't acceptable."

Goodpasture, 31, stopped in at Scott's bar, The Point on East Fourth Avenue, along with her mother and sister on the evening of July 24, 2004.

While there, prosecutors alleged, Scott challenged them to play the game that involved drinking three highly alcoholic drinks - one red, one yellow and one green - in quick succession.

"Evidence in the record before us is conflicting," Justice Carol Beier wrote in the opinion, "on exactly how much other alcohol Goodpasture consumed at Scott's establishment, The Point; on the exact contents of the three drinks composing 'The Stoplight'; on whether Goodpasture drank 'The Stoplight' to win a bet with Scott or a contest of his design; and on whether Scott offered a prize or refund if Goodpasture was able to refrain from using the bathroom and remain upright for 30 minutes after 'The Stoplight' slid down her throat.

"There is no conflict, however, on what happened to Goodpasture after she was assisted home from The Point. She passed out in the yard of her home, where her mother and a friend left her, alone and unconscious, until bar closing time. Goodpasture's mother and friends then worked together to get the 273-pound Goodpasture into her living room and left her alone again while they watched movies elsewhere."

Goodpasture was found dead the next morning, a victim of acute ethanol intoxication. An autopsy showed a blood-alcohol content of 0.37 percent to 0.43 percent.

Kansas case law on involuntary manslaughter "requires proof the defendant's conduct caused the victim's death," Beier states. "Moreover, the victim's contributory negligence, while not a defense, is a circumstance to be considered by the jury along with all other evidence to determine whether the defendant's conduct was or was not the proximate cause of the decedent's death.'"

The court noted: "Scott's attempt to lay blame at the feet of Goodpasture and her mother is a jury argument. We do not reweigh evidence on appeal."

"We nevertheless conclude that the evidence of proximate causation placed before Scott's jury was insufficient as a matter of law. The State proved that Goodpasture, an adult, voluntarily consumed alcohol including 'The Stoplight,' at The Point. It proved that her death resulted from acute ethanol poisoning. But it put on no evidence to show that 'The Stoplight' ... led to the poisoning. Although the jury might reasonably have inferred that 'The Stoplight' accounted for some part of Goodpasture's blood-alcohol content, there was no testimony demonstrating that 'The Stoplight,' in particular, marked the doorway from her intoxication to her death."