Des Moines bar that blamed violence for closure sued for allegedly over-serving shooter
When Whiskey River closed the doors of its Ingersoll Avenue bar and grill in 2022, owner Joe Romare pinned the blame on Des Moines' crime rate. But in court filings, a former customer who was shot and wounded at the bar claims Whiskey River was part of the problem.
Richard Evans was injured on March 19, 2022, by another Whiskey River patron who Evans alleges was over-served by the bar. Evans and his wife have sued the bar for premises liability and violating Iowa's dramshop law.
Determining liability for the shooting, which also injured a second man, may be messy. The alleged shooter has been charged with two counts of attempted murder, and investigators, as well as Whiskey River's attorneys, allege that Evans instigated the fight that ended in gunfire.
The Evans' attorney declined to comment. Attorneys Nick Gral and Tom Henderson, representing the bar, said owners and staff there bore no responsibility for Richard Evans' injuries.
"Physical and gun violence are unfortunate occurrences in our society; however, the owners and staff of Whiskey River played no role in the decision of Mr. Evans to start a physical altercation with Mr. Couch, or in Mr. Couch’s decision to use a concealed hand gun in response," the two said via email.
Lawsuit: Bar should have known patron was drunk
Police were called to Whiskey River shortly before midnight March 19, 2022, and found one man with a gunshot wound. A second man later walked into a West Des Moines hospital with injuries from the same shooting.
The Evans' complaint does not describe what led to the dispute but alleges that prior to the shooting, Whiskey River had served the shooter "to a point where they knew or should have known said patron would become intoxicated." The complaint says Richard Evans suffered "serious bodily injuries" in the attack.
The couple initially sued Whiskey River in April 2022, shortly after the attack, but later voluntarily dismissed the case. They refiled their suit in December.
Criminal filings say Richard Evans shot while fleeing
Further details can be found in the criminal filings against alleged shooter Floyd Couch Jr., who was charged in June 2022 but was not taken into custody until the following May. Couch, 40, of Minnesota is charged with two counts of attempted murder as well as intimidation, willful injury, assault, reckless use of a firearm and felon in possession.
In the complaints against him, police say Evans initiated the altercation and Couch pulled out a gun and fired, missing. They say that as Evans tried to flee, Couch pursued him and continued shooting, striking him twice in the torso and leg. Another patron, who was not involved in the dispute, also was struck in the back, requiring surgery.
In its answer to the Evans' complaint, Whiskey River argues that Richard Evans "was negligent with regard to his own care and safety" in starting the fight. The bar also has brought a third-party complaint against Crouch, alleging any liability for the safety of its premises belongs to him.
Court records show Couch is scheduled for trial in his criminal case in March.
Bar owner blames closure on staff quitting, violence
The Ingersoll location, which opened in October 2020, was the third for Whiskey River, joining sister bars in Ames and Ankeny. Owners Joe and Nicki Romare also own Founders Irish Pub in Bondurant and Nashville-inspired Sweet Caroline's, which opened in downtown Ames in 2022.
Less than a month after the shooting, the Ingersoll location was closed. Joe Romare told the Des Moines Register all his staff had left after the shooting, and said the potential for more gun violence was "a huge liability and a huge risk for me" despite his fondness for the Ingersoll neighborhood.
"It's not worth us coming to Des Moines or being anywhere near Des Moines since they can't control the violence," Romare said. "I'm out of there and I'll go to back to my peaceful areas."
The location didn't remain vacant for long. Gusto Pizza Bar opened its doors at 2301 Ingersoll Ave. later that year.
William Morris covers courts for the Des Moines Register. He can be contacted at wrmorris2@registermedia.com or 715-573-8166.
This article originally appeared on Des Moines Register: Former Des Moines bar Whiskey River sued by victim of 2022 shooting
