Man charged with 11 counts in fatal Park Tavern crash blew BAC of .325, charges say
ST. LOUIS PARK, Minn. — Charges have now been filed in the Park Tavern patio crash that killed two people.
On Tuesday, 56-year-old Steven Frane Bailey of St. Louis Park was charged with two counts of criminal vehicular homicide and nine counts of criminal vehicular operation. He allegedly blew a preliminary BAC of 0.325, which is four times the legal limit in Minnesota.
Charging documents say that Bailey tried to back into an open parking spot with his BMW X5, but struck a parked car. He then drove south through the parking lot towards the patio, where he hit an oncoming SUV. Charges say that he then accelerated up to 30-45 mph and rammed through a metal fence surrounding the patio, striking several people.
When officers arrived, they heard him talking on the phone.
"I'm f*****," he said, according to charges. "I hit the gas instead of the brake and went right through a thing."
Kristina Folkerts, 30, was pinned under the car and died at the scene. She was a Park Tavern employee and mother of three. The other man who died, Methodist Hospital employee Gabe Harvey, was with other nurses celebrating a colleague's last day before going to anesthetist school.
Nine others suffered injuries ranging from broken legs to head trauma, lacerations and bruises.
"What was supposed to be the end of a wonderful holiday weekend turned into a horrific tragedy," Hennepin County Attorney Mary Moriarty said at a press conference on Tuesday afternoon.
There were also several children at the scene who had just left the area to go bowling, Moriarty said. Her office will file a Blakely notice, she added, to seek a greater sentence for Bailey because of their presence.
"Nothing can change what happened on Sunday night," she said. "But we can and will hold people accountable."
Bailey's decision to get behind the wheel while allegedly over four times the legal limit was "hugely problematic," Moriarty said.
"How would you feel if you had to live the rest of your life that you took somebody's life and left their children without a mother, and their family without their loved one," she said.
Since the tragedy, family, friends and strangers have come by Park Tavern to pay their respects.
"Being here as long as we've had, we've had quite a few people pass away, but not in this manner," Park Tavern owner Phil Weber said. "And this is just, you know, horrific. I mean nobody can even believe this is what happened."
Park Tavern will have a soft reopening on Wednesday. Before it reopens to the public, grief counselors will be on hand to help employees dealing with the loss of a colleague. Methodist Hospital will also host a special event for employees as well.
Online fundraisers have been set up for three of the surviving victims and families of the deceased.
Bailey makes first court appearance
Bailey made his first appearance in court on Wednesday. Judge Juan Hoyos set his bail at $1 million without conditions and $500,000 with conditions, like prohibiting Bailey from leaving Minnesota and barring contact with the victims, their families and the Park Tavern staff.
Looking on in the courtroom were Bailey's two daughters and family and friends of the victims of the crash, who at times were emotional.
Bailey's attorney, Tom Sieben, acknowledged the tragedy but said his client is not a public safety risk when arguing for a lower bail at $250,000.
He remained in custody Wednesday night, according to the Hennepin County Jail roster.
"We understand the loss to many people in this courtroom," Sieben said. "But if Steven Bailey is not drinking alcohol, he's never had an interaction with the law."
His next court hearing is tentatively scheduled for Oct. 1.
Bailey has five prior DWIs on his record
Bailey had five previous DWI convictions on his record over four decades: One in 1985; two in the 1990s and two others in 2013 and 2014, respectively.
Records show he had an ignition interlock device on his car for six years starting the year of his last offense until 2020.
Joe Tamburino, a criminal defense attorney not affiliated with the case, told WCCO it's not unusual for an ignition interlock to be removed.
"You can't get one basically for the rest of your life. There are going to be certain situations where you could petition to have it be released. In most situations, your ignition interlock time will go anywhere from, say, one to six years, depending upon your record," Tamburino said.
A spokesperson for the Department of Public Safety said Bailey had an "A" restriction — one that prohibited the use of drugs or alcohol and would allow a bar or liquor store to refuse service — at the time he received his current license in May of last year that expires in three years.
But he petitioned to get that removed from his license this August; there is a process to allow for that if a person hasn't used a substance in 10 years.
According to the department, an evaluator approved that request, but Bailey had not applied for a duplicate license without that description so that restriction was reflected on his license at the time of the crash.
"Technically until he applies to remove the restriction, law enforcement could enforce," the spokesperson wrote in an email to WCCO.