January 16, 2014 at 3:42 p.m.
DA: No criminal charges in bar death
DA: No criminal charges in bar death
By River News Staff-
Oneida County District Attorney Michael Schiek issued a press release late Thursday afternoon announcing that he has determined the evidence does not support any type of criminal charge against Gregory Dryden, 59.
Police and medics responded to Sackett's Bar at 12:23 a.m. Jan. 1 after receiving a report of an altercation involving James R. Tanner, 48, John Klucarich, 62, and Dryden.
According to the police department, witnesses to the altercation told investigators Tanner and Klucarich were having a conversation when Tanner punched Klucarich in the face, sending him to the ground.
Dryden intervened by driving Tanner into the bar area and directing him to the ground, according to police.
When emergency officials responded to the scene, Tanner was taken to an ambulance but he died before he could be transported to the hospital. An autopsy later revealed Tanner's sternum was fractured puncturing his heart.
This is how Schiek describes the series of events that led to Tanner's death.
"The investigation reveals the following circumstances surrounding the incident. John "Jake" Klucarich was standing in Sackett's Bar. James R. Tanner punched Mr. Klucarich in the head with his fist, causing Mr. Klucarich to be knocked to the ground. There is no evidence to support that Mr. Tanner was provoked.
Gregory Dryden, employed as a karaoke disc jockey by Sackett's, observed Mr. Tanner punch Mr. Klucarich. Mr. Dryden responded to the incident and intervened to stop Mr. Tanner from leaving the bar, continuing his assault on Mr. Klucarich or assaulting other patrons. In an effort to confine Mr. Tanner, Mr. Dryden gave Mr. Tanner a 'bear hug' from behind. Mr. Dryden directed, pushed or slammed Mr. Tanner into the bar. Mr. Tanner was then directed or fell to the floor. Mr. Dryden then instructed the bartender to call the police."
Schiek notes there was a potential prosecution for second degree reckless homicide but he decided against pursuing it.
"That would require that Mr. Dryden be aware that his conduct created the unreasonable and substantial risk of death or great bodily harm," he wrote. "Again, witness statements do not support that conclusion. In addition, Mr. Dryden may have been privileged to intervene in defense of others, which is recognized as an affirmative defense in Wisconsin."
"After carefully considering all of this information, the evidence does not support criminal charges," Schiek added. "The incident was a tragic set of events that led to the death of Mr. Tanner."
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