Following a more than month-long trial, an Anchorage jury found both the corporation behind the now-defunct Rumrunners Old Towne Bar and Grill and a former bouncer guilty of fourth-degree assault, a misdemeanor. The jury decided neither AB&M Enterprises Inc. nor Murville Lampkin were guilty of second-degree assault, a felony.
Ultimately, it doubted the injuries suffered by Jonny Brown, 26, at the time of the October 2011 assault that happened inside the downtown establishment, were severe enough to prolong Brown's health issues. Instead, the jury found the two parties guilty of the lesser charge and acknowledged the bar's management played a part in allowing the incident.
The trial against Lampkin and AB&M -- the company that ran the downtown night spot operated by cousins and Anchorage restaurateurs Abraham and Basilio Gallo -- began about four weeks ago with jury selection. It spanned 10 days of testimony from 22 witnesses, including former employees, friends of Brown and police investigators. The Gallos invoked their Fifth Amendment rights and didn't testify during trial, a surprise to the state prosecutor who handled the case, James Fayette.
The prosecutor said he was floored that the established local businessmen chose that route. If they did take the stand, he had planned to ask whether they were at the bar when the assault happened, what they saw and whether or not they questioned employees about what happened.
It was on the night of Oct. 22, 2011, that Brown got into an argument inside Rumrunners, according to affidavits and court testimony. Security grabbed Brown and escorted him outside the bar, which was located at the corner of Fourth Avenue and E Street. Brown eventually ended up in the bar's basement, battered and bloody, and the parties disagreed on how he got those injuries. The defense and the state agreed Brown fell down face-first on the sidewalk outside Rumrunners. But the defense attorneys argued what happened next, a "sucker punch" to Brown's left eye in an elevator -- one spot without video surveillance -- never happened.
Brown testified he was repeatedly punched in the face in Rumrunners' basement by Lampkin and former security head George Damassiotis. He said he still gets headaches as a result of the beating.
AB&M was initially charged with tampering with evidence and falsifying business records, and the state initially argued video footage in a basement office was doctored to cover up the assault. New evidence late in the trial eliminated the possibility of that scenario.
Fayette said after the verdict was handed down that the trial was from its beginnings about responsibilities imposed upon corporations. "Good corporate citizenship" is an obligation of local businesses, he said.
"They're held to a standard, and that was breached in so many ways," Fayette said. Rumrunners closed more than a year ago after multiple allegations of assault and more liquor law violations than any other bar in Alaska. Fayette said he did not argue those past infractions during the trial, effectively agreeing to prosecute the case with one arm tied behind his back. However, the prosecution can bring up other alleged crimes at sentencing to strengthen potential court penalties.
AB&M faces a fine of up to $500,000 for the misdemeanor assault conviction. As a corporation it can't face jail time. Neither of the Gallos were present for the verdict despite Basilio sitting through the entirety of the trial.
The corporation's attorney Kevin Fitzgerald said he was "disappointed in the regard that the corporation was found liable for anything." He had argued during the trial Lampkin's actions were that of a rogue employee, and the former bouncer's punch did not fall under the scope of his employment.
As for Lampkin, he faces up to a year in jail for the conviction. In requesting reports from both parties before sentencing scheduled for April 7, Superior Court Judge Michael Spaan said he knew "nothing of Lampkin's prior record, if any." The defense has an opportunity to present information outlining the man's good qualities, but a criminal record could cause the court to impose a harsh sentence on Lampkin.
Rumrunners hired Lampkin and put him in a position of authority despite a lengthy criminal record. The 41-year-old is a three-time felon. He's spent many years of his adult life behind bars because of various crimes, including vehicle theft and drug trafficking. His rap sheet includes multiple minor crimes, too.
Lampkin exited the courthouse without offering comment on the verdict.
Anchorage police officer Jennifer Haywood, who attended the entire trial and testified herself, sat during the defense's cross-examination of witnesses as they asked why authorities followed up nearly two years after the incident, when the case was moving closer to trial.
Fitzgerald, as well as Lampkin's attorney Lars Johnson, attacked the credibility of witnesses. They said many had an interest in the outcome of the case. For example, Larissa Taylor, who lost her job at Rumrunners sometime after the incident following allegations of theft, said she heard Damassiotis give permission to Lampkin for the alleged assault from outside closed elevator doors. She didn't talk to police until nearly two years after the night of the assault, the defense said.
Haywood said outside the courtroom Tuesday the defense assumed how she conducted her investigation, which included a large number of interviews. She kept her inquiries going in the interim between the indictment and the trial, she said.
"I continued my work that whole time," Haywood said. "It doesn't matter if it's two months or two years."
Spaan asked the state if it planned to pursue a separate indictment against the corporation -- allegations that the bar altered the time on receipts so it could keep serving after bar break. That charge was originally part of the newly finished AB&M trial, but it was decided to separate the two alleged crimes.
Fayette said he'd decide along with the Office of Special Prosecutions and the Anchorage Police Department whether or not to go forward with a new case.
And the defense still has the opportunity to ask for a new trial, though Fayette said he thinks the convictions handed down Tuesday will stick.
Contact Jerzy Shedlock at jerzy(at)alaskadispatch.com. Follow him on Twitter @jerzyms.