Bar that served Riley Strain may not be responsible for his death, says legal expert

COLUMBIA, Missouri (KMIZ)

A toxicology report earlier this week showed that Riley Strain’s blood alcohol level was nearly three times the legal limit for driving, but the bar where he consumed alcoholic beverages may not be held responsible.

A Davidson County coroner’s report showed Strain had a blood alcohol content of .228. The cause of death was listed as drowning and ethanol poisoning, but it was ruled an accident.

Strain, 22, was reported missing in Nashville after a University of Missouri Delta Chi Fraternity event on March 8. Shortly before 10 p.m. that night, he was kicked out of the bar, Luke’s Bridge 32, at Broadway and 3rd Avenue, and was seen on video walking alone through downtown Nashville.

His body was later discovered floating in the Cumberland River on March 22.

Luke’s 32 Bridge wrote in a statement shared on its Facebook page in March that, according to their records, Strain was served one alcoholic drink and two waters.

A spokesman for the Tennessee Alcoholic Beverage Commission said Wednesday that the commission is still investigating whether Strain was served too much alcohol the night he disappeared.

Under Tennessee state law, bars can face fines of up to $2,500 and revocation of their liquor license if they serve too many customers. Bar owners and employees can also be prosecuted if they are found responsible for injuries or deaths caused by too many customers.

However, former Cole County Prosecutor Bill Tackett says to prove that Luke Bryan’s bar, Luke’s 32 Bridge, was responsible for Strain’s death, officials would need more than just his blood alcohol level because everyone has a different alcohol tolerance.

“The question is whether there is clear and convincing evidence that the bar should have known or knew that it was serving beer to a person who was visibly intoxicated,” Tackett said. “That’s defined under the law as someone who is in a physical, uncoordinated, mentally disturbed state where that is obvious. Blood alcohol content is not enough. It’s part of the equation, but not enough to make that determination.”

The Tennessee Alcoholic Beverage Commission wrote in a statement to ABC News in March:

“There are no specific rules or laws governing whether intoxicated patrons are escorted out of their establishments or assisted in getting home,” the Tennessee Alcoholic Beverage Commission said in a statement. “However, state law prohibits serving alcoholic beverages to anyone who is visibly intoxicated. A violation is a Class A misdemeanor. The TABC has launched an investigation into the matter to determine if any violations occurred.”

Nashville Metro Police Department body camera footage shows a brief interaction between an officer and Strain after he was kicked out of the bar. Strain appears to be having a conversation. The officer asks him how he is. Strain was able to respond, “I’m fine, how are you?” as he continued walking down the street.

“You have to prove that the person is uncoordinated or has a physical dysfunction,” Tackett said.

Check back later for updates.