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<b>Exclusive I-Team Investigation:</b> Overserved

Exclusive I-Team Investigation: Overserved

John Mercure

Experts say hundreds of people are killed each year because of Wisconsin's weak alcohol laws, and the laws that are on the book are so riddled with loopholes that they're rarely enforced.

Specifically, Wisconsin has a law designed to stop bartenders from overserving drunken patrons, but the law leaves prosecutors frustrated and families devastated.

Alcohol is part of the Wisconsin culture. It's at sporting events and summer festivals. It seems that wherever we gather beer flows and drinks are downed.

In many cases, things go too far.

The TODAY'S TMJ4 I-Team met a family living a nightmare. Jody Drews lost her son to alcohol poisoning.

"Nobody should go out for their 21st birthday and die. Nobody," Drews said.

The I-Team discovered why a Wisconsin statute designed to prevent tragedy is seldom enforced. It leaves prosecutors, like Fond du Lac District Attorney Mike O'Rourke, frustrated.

"The law as it's written now doesn't allow me to charge in this case," O'Rourke said.

Local leaders of Mothers Against Drunk Driving say the Wisconsin law is an embarrassment.

"It is very disheartening and discouraging," MADD Wisconsin Executive Director Kari Kinnard said.

Jesse Drews was 20 years old. Jesse loved snowboarding and soccer. He also loved hanging out with his friends. On the eve of his 21st birthday, some of those friends picked Jesse up and took him to The Slammer, a Waupun bar.

Although he was still hours away from turning 21, the bartender began to serve Jesse. He poured Jesse "Everclear," a brand of pure grain alcohol, and "151 Rum." The bartender poured and poured and poured.

Police say Jesse was poured 18 powerful shots in one hour before the bartender finally gave him water instead.

Eventually, Jesse's friends brought him home. He died. His blood alcohol level was a lethal .339.

"We had plans to all go out the next day. The next day we were burying him... talking to funeral directors... finding plots," Jesse's mom, Jody Drews, said.

As she grieved, Jody was told about a law she hoped would hold The Slammer responsible for her son's death. The Overserving Statute makes it illegal to serve someone who is intoxicated...but Jody soon discovered that there would be no justice in her case.

"I didn't think we had enough for charging criminally," District Attorney O'Rourke said. "I think that the bar and the bar owner have some responsibility in Jesse Drews' death, a great deal of responsibility, but not criminal responsibility."

O'Rourke explained that Drews was served all that Everclear in a short period of time. It takes someone Jesse's size about 60 minutes to become intoxicated from that much alcohol. Witnesses say an hour after beginning those 18 shots, the bartender stopped serving them. O'Rourke says during all that drinking Drews may have been on his way to being intoxicated, but the serving stopped before he showed signs of being drunk.

O'Rourke says not only has his office never prosecuted one of these cases; he knows of no prosecutions in the whole state of Wisconsin. He says the way the legislature has tied prosecutor's hands is very frustrating.

John Mercure: "He was poured 18 shots by one bartender and there's no criminal liability for that bartender. Is that a problem in Wisconsin?"

"Yes. I think it is a problem. I think the legislature should look at that," O'Rourke said.

So why don't legislators look at it? Four words... Tavern League of Wisconsin.

The Tavern League has a high powered lobbyist. They are very vocal with local politicians, and they spend lots of money on legislative campaigns.

But they wouldn't spend two seconds with the I-Team. The president declined our requests for an interview.

"This is a public safety issue. It's a public health concern. It impacts all of us. It's difficult to go to a grieving family and say, 'I'm sorry for your loss. I'm even more sorry that no one in Wisconsin values their life enough to bring justice and closure to your mourning,'" Kari Kinnard of MADD said.

The Drews say their mourning is deep and painful.

"No one should have to bury their kid... especially this way. Jesse will be missed. He was a great kid and we all loved him," Jody said, tearfully.

"It's tragic these families are trying to cope with a life that will never be the same. They've lost a loved one and no one is responsible or accountable," Kinnard added.

The Drews are frustrated that no charges will be brought in Jesse's death. They are considering a civil suit but because of how the Wisconsin civil statutes are written some experts say that is also unlikely to succeed.

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