Bogie nightclub liquor license suspended following string of violent incidents

By By DAVE DELLECESE

UTICA, N.Y. (WKTV) - The State Liquor Authority has voted on an emergency suspension of the liquor license for The Bogie nightclub on Genesee Street in Utica.

The Special Meeting of the Full Board happened around 3:30 p.m. on Tuesday afternoon in Albany, with the bar's owner - Anthony Festa - and his wife, Jessie Festa, in attendance.

"Nobody's accusing you of being a bad person or impeding your personal character," State Liquor Authority Chairman Dennis Rosen said to Festa. "The concern here is whatever your motivations, your intentions, there is concern that people keep getting hurt very, very badly. We can't permit that. We're charged with protecting the public safety."

Festa told officials he would do what it took to keep the establishment open.

"I'll cancel some shows that are coming up," Festa said. "I'll do what is necessary to preserve my liquor license and stay open. I feel bad that this happened. It's not something that should happen, ever. I thought it my best interest to come out here and tell my side of the story."

While telling his side of things, Festa said that he believed the city wants him out because of The Bogie's proximity to the ongoing Harbor Project.

The State Liquor Authority, while reviewing the case Tuesday evening, noted previous dealings with the Festas and The Bogie, including the use of unlicensed security guards. Nightclub owner Anthony Festa said that the security guards were hire by a company out of Syracuse, and it was only after he was fined that he discovered the outsourced security was unlicensed.

The State Liquor Authority officials said that even as recently as December 4, 2009, their representatives found more unlicensed security guards at the establishment, as well as a bouncer who, in violation of permit, was carrying a handgun in The Bogie. At that follow-up inspection, contaminated liquor bottles were also found.

Throughout the hearing, Liquor Authority officials referred to the Bogie as "attracting a violent crowd" since its 2006 opening.

On December 15, 2007, Utica Police responded to the nightclub around 2 a.m. To a call of a fight. Upon arrival, they found several people who had been stabbed during the fight.

In August 2008, The Bogie was the scene of a shooting that injured two individuals. One of those individuals was John Barroncini of Vernon Center, who was walking towards his vehicle when he heard shots fired. Barroncini then realized he had been shot in the neck. The second victim, Benjamin Reed of Utica was shot in his left leg. He was treated and released.

Utica Police responded to the Bogie on the night of Saturday, November 30 to a report of a stabbing. One victim was taken to a local hospital with non-life threatening injuries. Details were vague in the incident, and police say even they were in the dark as to the details that occurred that night and what led up to it - because those involved are not talking. Utica Police Chief Dan LaBella said that the victim in the Bogie stabbing refused to cooperate with police, making it difficult to formulate a suspect or make an arrest when the victim does not want police action.

This past weekend, in the early morning hours of December 19, two people were stabbed on the dance floor of The Bogie around 1:20 a.m. Saturday morning. Police said they responded to find about 500 people at the bar, and while they were investigating that incident, they said two more people were shot outside in the parking lot.

Police said all four individuals, who are all from Syracuse, suffered non-life-threatening injuries, and refused to cooperate with investigators.

Three of the victims have been identified thus far:

*Christopher Caldwell, 20, one of the stabbing victims
*Raynerd Bullock, 23, one of the shooting victims
*Yero Reed, 26, the other shooting victim

Police said the second stabbing victim refused treatment and his identity could not be verified. No arrests have been made.

City of Utica Corporation Counsel Linda Sullivan-Fatata said the city was seeking a nuisance abatement hearing regarding The Bogie. The nuisance abatement hearing would be held at Utica's City Hall, with city prosecutors arguing on behalf of the city, and lawyers for the bar's owner arguing to keep it open. That hearing is scheduled for January 7.

"I don't say this often about an establishment, but if you look at this record...unless we do something today, someone's going to get killed," said Counsel to the Authority Thomas Donohue at Tuesday's hearing. "I ask that you consider a suspension."

In the end, it came down to a vote on Tuesday - with both Commissioner Noreen Healey and Commissioner Jeanique Greene saying that while they respected the Festa's appearance at the hearing, that the license must be suspended.

"In order to protect the health and the people of this state, I think there should be an emergency suspension," said Commissioner Healey.

Following the emergency order, Festa now has the option of obtaining council to fight the vote and have it overturned.
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