January 16, 2014 at 11:42 p.m.
No criminal charges in bar death, Tanner family pursuing civil lawsuit
No criminal charges in bar death, Tanner family pursuing civil lawsuit
Oneida County District Attorney Mike Schiek announced Thursday that he has determined the evidence does not support any type of criminal charge against 59-year-old Gregory Dryden.
According to investigators, witnesses said Dryden intervened after James Tanner, 48, punched John Klucarich, 62, shortly after midnight on Jan. 1, sending him to the ground. Dryden, who was working that night as the karaoke deejay at Sackett's, gave Tanner a "bear hug" from behind, drove him into the bar area and then directed him to the ground. Police and medics responded. Tanner died in an ambulance outside Sackett's before he could be transported to the hospital. Autopsy results revealed Tanner's sternum was fractured puncturing his heart.
Schiek said Thursday he looked at several homicide statutes in determining whether to pursue a case against Dryden, who was legally drunk at the time of the fatal altercation with a blood alcohol level of .084. The most appropriate charge would have been second degree reckless homicide, but to convict Dryden of that charge Schiek would have to prove he was "aware that his conduct created the unreasonable and substantial risk of death or great bodily harm."
"He certainly wasn't trying to kill Mr. Tanner. What he was trying to do is break up a fight," Schiek said.
Concern that Tanner may continue to harm Klucarich or other Sackett's patrons were among the reasons Dryden gave for why he intervened, Schiek said.
The night of the incident, Schiek personally visited the scene. Since then he said he has spoken with investigators and reviewed police reports, witness statements, DVD recordings of interviews and the preliminary autopsy report for Tanner. He said he also researched various criminal statutes and conferred with other prosecutors.
A key piece of the investigation was the interview with Dryden and Schiek said the "intent" wasn't there for a criminal charge.
"It was tragic but there was not intent to cause death," Schiek said. "It wasn't an easy decision. I've slept on this, I haven't slept on this, and I talked to anyone I thought would be helpful to me."
Schiek said he looked at lesser charges such as disorderly conduct or battery, but decided it wouldn't be appropriate for a situation that led to a death.
"I think this is a reckless homicide case or it's nothing. I think it would have been an insult to file (a lesser charge)," Schiek said.
Even with a lesser charge, Schiek said there still would have been issues related to Dryden's "intent" when he intervened.
"The force he used (when he drove Tanner into the bar) he felt was reasonable at the time," Schiek said.
Witness descriptions of the way Dryden drove Tanner into the bar vary. Schiek said some say Tanner wasn't driven into the bar at all. Others say he was slammed into the bar.
"I have to take all those descriptions into account," Schiek said. "In the end it comes down to Dryden's interview and there was no intent. It's a tragic series of events and one in a million the way Mr. Tanner's sternum lined up to the bar and the way Mr. Dryden carried him over."
Schiek met with the Tanner family to explain his decision prior to issuing a press release and speaking with the media Thursday afternoon.
"I wanted the Tanner family to know directly from me what my decision was," Schiek said. "I was respectful and told them my decision and I will leave it at that. I knew it would not be a popular decision with them. It's been very personal for them. Understandably, they have their own emotions."
Schiek said he doesn't think his decision sends the wrong message to the community.
"This doesn't mean people will get away with (bar violence) in the future. It's a case-by-case basis," he said.
Schiek was also asked if he considered filing charges so that a jury could ultimately make the final decision.
"You could pick it up, throw it at the wall and see what sticks, but I think this job is more than that," Schiek said. "You have to, from the outset, determine if you have a case. It was a tough decision and I made it. That doesn't mean it was easy."
James Tanner's sister-in-law, Carolyn Tanner, said the family is deeply disappointed by Schiek's decision.
"I'm just dumbfounded," she said. "To me it's telling people that you can go out to a bar, kill somebody and get off scot-free."
She said Dryden's intentions when he intervened should not matter.
"He had Jimmy wrapped up to where he couldn't move his arms to even defend himself," Carolyn Tanner said. "Whether he did it thinking he was intervening or not, it's no excuse. I'm mad, angry and frustrated. The whole family, my husband especially (James Tanner's brother), is taking this very hard."
"(Dryden) had no right to put his hands on him. He wasn't the bouncer. He was the deejay," she added. "To me the size of Jimmy and the (larger) size of this man (Dryden) says it all. There were other ways to handle this. Separate them (Tanner and Klucarich) and call the cops. Jimmy would have been in jail and not dead."
Carolyn Tanner said the family has already hired a lawyer and is planning to pursue a civil lawsuit now that they know there won't be a criminal case.
"We're not going to stop until justice is served. All we really want is justice and support from the community," she said.
Kyle Rogers may be reached at [email protected].
Comments:
You must login to comment.