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Bar Owner Testifies In DWI Trial

Trial Testimony Reveals $160 Liquor Tabs

POSTED: Tuesday, January 31, 2006
UPDATED: 2:17 pm CST January 31, 2006

Four people, including a man standing trial for intoxication manslaughter, ran bar tabs of nearly $160 before three of them died in a fiery crash.

Prosecutors presented two bar tabs as evidence Tuesday in the trial of Scott Birkholz, who is accused of drunken driving.

According to the prosecution, the defendant, his wife, brother and a good friend partied for several hours before the fatal car crash near Helotes in January 2003.

Birkholz was pulled out of the burning wreckage from the driver's side window but claims he wasn't driving.

The prosecution claims the three victims were wearing their seat belts, but the defense will try to prove otherwise, despite the victims being tossed around in the vehicle.

One of the tabs showed that the four had drank three martinis, two margaritas, a bottle of wine and ate some appetizers before stopping at another bar.

Jonathan de la Garza, the bar owner, testified that he didn't think the party of four didn't spend too much time at his establishment.

"Honestly, to my recollection, they weren't there long," De La Garza testified. "And I remember saying that to them when they left. I don't think they had more than one or two drinks each while they were there."

The prosecution may rest its case Tuesday afternoon.

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