An Atlantic City casino is accused of concealing or destroying evidence in a lawsuit that alleges a man was over-served at one of its nightclubs before causing a deadly drunken driving crash.
"Justice for Javi!" protesters yelled Friday morning as they gathered outside the Tropicana Atlantic City, where Edward Johnston allegedly had as many as 10 drinks before being involved in a fatal crash as he drove home at about 3:35 a.m. July 23, 2023.
Johnston was sentenced to 15 years in prison last month in the crash that killed 8-year-old Javier Velez, who had crawled in the back seat to sleep as his father and younger brother packed up after an early-morning fishing trip.
Now, the family is going after the bars that served Johnston in a civil suit that invokes the Dram Shop Act that holds establishments responsible for injuries or death caused by intoxicated individuals.
Johnston is named in the civil litigation, along with the Ducktown Tavern and Tropicana’s Boogie Nights.
But an investigation by the attorney for Velez’s family led to an amended complaint filed Thursday that alleges the Tropicana “concealed and/or destroyed evidence in this case,” attorney Michael van der Veen wrote.
Johnston began his night of drinking at the Ducktown, but further investigation found it was at Boogie Nights where things went wrong, van der Veen told BreakingAC.
Depositions taken from bartenders and a Boogie Nights manager found the workers were not certified to safely serve patrons, did not keep track of how many drinks customers were being served and only measured shot pours of the most expensive liquor, the plaintiff alleges.
“Throughout the course of ongoing discovery, it has become clear that (the) Tropicana has fostered an environment and attitude of wanton and willful disregard at their establishment, and such wanton and willful disregard came at the expense of persons who foreseeably might be harmed by those acts or omissions to act, such as deceased minor (Velez),” the lawsuit states.
Van der Veen also alleges that the Tropicana disregarded a subpoena by the Atlantic County Prosecutor’s Office that ordered them to produce all surveillance video of Johnston while inside the Tropicana and at Boogie Nights from 10 p.m. July 22, 2023 to 3 a.m. July 23, 2023.
Video shows Johnston being served alcohol twice, even though receipts indicate his card was used to purchase alcohol at least four times, the suit alleges.
“The Director of Security for Defendant Tropicana Atlantic City, Brian Barnett, was responsible for the failure to preserve and the destruction of the missing video,” the lawsuit alleges. “Similarly, during an inspection of Tropicana’s Security Offices, Brian Barnett attempted to conceal and destroy documentary evidence uncovered during the inspection.”
It also claims that Tropicana did not produce all of the receipts from Johnston’s debit card that night, saying that another receipt wound up being produced by Johnston’s criminal defense attorney.
Tropicana’s attorney did not respond to requests seeking comment about any of the allegations.
The suit also includes an excerpt from the deposition of Boogie Nights Manager Jennifer Kokinda, who was asked how bartenders monitor their customers’ drinking.
“They determine how the person acts when they ask for a drink,” she said.
When asked what happens if the person buying the drink is not the one drinking it, she replied: “That's on the person that's drinking.”
“By drinking alcohol, they're impairing their own judgment,” Kokinda said.
“So the safe consumption of alcohol is on the drinker, not the pourer is that right?” van der Veen asks.
“In my opinion?” she responds. “Yeah. The individual person's responsible for themselves. But our bartenders monitor how much they're pouring. They do their part, their job.”
Van der Veen then responds: “They've already testified they don't, ma'am. They don't count.”
The press conference is set for 11 a.m. Friday at 2831 Boardwalk.
“No sentence, no verdict, and no settlement can ever truly compensate for the loss of a child,” van der Veen said. “But we look forward to presenting the facts in court and ensuring the Velez family’s voice is heard. They deserve answers. They deserve accountability. And while true justice can never be achieved in the face of such a tragedy, we are determined to fight for what is possible.”
