Found Deceased MA - Zachary Marr, 22, Boston, 13 Feb 2016 #2

  • #81
  • #82
This bridge is not intended for foot traffic.

"We have to be very careful when we walk in the path between two rails.

..................path for staff to walk safely, avoiding passing trains

............path should be provided on one side of the track for staff to walk on.

avoiding injury as was consistent with the performance of the work in ...Walking close to track—...........where a railroad employee passing along a smooth path ... a light, ......path would afford plenty of room between passing trains and was

http://orr.gov.uk/__data/assets/pdf_file/0015/2634/rsp005-minorrail.pdf\\

http://www.railway-technical.com/track.shtml

https://books.google.com/books?id=VPpCAQAAMAAJ&pg=PA992&lpg=PA992&dq=path+for+staff+to+walk+safely,+avoiding+passing+trains&source=bl&ots=1DB1qlH8oY&sig=eIrCOUJX_lmr4d9JXi-UaXc4rN0&hl=en&sa=X&ved=0ahUKEwie2IDNu5jLAhWFJB4KHaJ1D7EQ6AEIKjAD#v=onepage&q=path%20for%20staff%20to%20walk%20safely%2C%20avoiding%20passing%20trains&f=false

http://www.chinadaily.com.cn/china/2016-02/03/content_23378905.htm
 
  • #83
9388454324_bef3e70c54_o.jpg

(copyright link)
http://flickrhivemind.net/blackmagi...www.flickr.com/photos/61298119@N03/9388454324
 
  • #84
About how many customers a night would you have to warn off and watch get home in a club with 500 people in it? How often would you or other bartenders get arrested on misdemeanor charges?

It is kinda like all law! But it does occur:

Bartenders Charged With Over Serving Customer Who Was ...

www.newson6.com/.../tulsa-man-hit-by-two-cars-bartende...

KOTV 6 Tulsa


Jan 29, 2014 - Tulsa Man Hit And Killed By Two Cars, Bartenders Charged With Over Serving. ... Neither driver was charged with Ford's death, but, prosecutors did chargethe bartenders who served him that night. The charge is serving alcohol to an intoxicated person, which is a felony in Oklahoma.



Bartender faces over-serving charge in fatal DUI

www.cincinnati.com/story/news/2014/11/.../bartender.../18788531/
Nov 10, 2014 - The bartender accused of overserving the habitual drunk driver that struck and killed a ... 8 in the Hamilton County Court of Common Pleas.

Bartender arrested for over-serving customer ... - Daily Mail

www.dailymail.co.uk/.../Bartender-busted-serving-patron-dru...

Daily Mail

Nov 29, 2012 - Chelsea Willburn, 24, was charged with a liquor license violation after ...died, which is beloved by A-list celebrities (and Randy Quaid who ran up a ... Bartender arrested for over-serving customer who was already so drunk ...



Tulsa bartender arrested for over-serving alcohol | FOX23
www.fox23.com/news/...bartender...over-serving.../66840217
Mar 6, 2015 - A man is dead and authorities said a Tulsa bartender is partly to blame. ... that Debra Davidson over-served alcohol to a man who died in a car ...


Jury can't agree on over-serving charges against bartender ...
helenair.com/...over-serving-charges...bartender/arti...

Independent Record

Apr 16, 2014 - The Helena bartender accused of over-serving alcohol to a woman who later killed two ... It is common for people to order drinks for others.

is a bartender responsible for over serving you? | Yahoo Answers

https://answers.yahoo.com/question/index?qid=1006051829962
... In some states the bartender can also face criminal charges for overserving you ..

Over-serving charges in DUI crash: Conviction changes ...
missoulian.com/.../over-serving-charges.../article_53bb9d52-8...

Missoulian


Jun 27, 2010 - Over-serving charges in DUI crash: Conviction changes landscape for ... "It's never happened before, to see a bartender charged in criminal court like this. .....Schedule a tour of Honeybear Daycare today and see if we're a ...



Two bartenders charged with serving alcohol to drunk man ...

www.naturalnews.com/043826_bartenders_drunk_man_alcohol-related_...


Feb 8, 2014 - Two bartenders charged with serving alcohol to drunk man who later died. ... 'You have to stop serving' ... Not that that would go over. Sources:



Boston Pizza Workers Charged With Over-Serving Alcohol ...

www.huffingtonpost.ca/.../boston-pizza-oshawa-alcohol-traffic-death_n_...


Mar 7, 2014 - OSHAWA, Ont. - Police have charged a Boston Pizza east of Toronto with selling liquor to an intoxicated person after it's alleged a man served ...

Bartender charged in hit-skip crash that killed Cincinnati ...

www.wlwt.com/news/bartender-charged-in...that.../26985260

WLWT


Jul 17, 2014 - Bartender charged in hit-skip crash that killed Cincinnati teacher ...examine bars and bartenders over the amount of alcohol that was served.


Bartender charged in effort to crack down on drunk driving in ...

abc13.com/archive/8901535/


Nov 28, 2012 - A bartender is facing charges in the first of what could be many arrests by a new task ... Bartender charged with overserving drunk customer.


Bartender Who Served French Man 56 Shots Charged With ...

www.eater.com/.../bartender-served-french-man-56-shots-charged-mansl...


May 28, 2015 - Earlier this month, news broke that 47-year-old bartender Gilles Crepin was on trial over the death of 56-year-old Renaud Prudhomme.


Over-serving alcohol by bartenders in Austin Texas | Greater ...

www.stopteendrinkingaustin.com/the-laws/over-serving-alcohol/


Austin downtown bars face separate lawsuits in fatal wrecks; “over-serving” by ...Rackley, 26, was charged with intoxication manslaughter after police say she ...


Norwalk Reflector: Bartender charged with over-serving

www.norwalkreflector.com/.../Bartender-charged-with...

Norwalk Reflector


Bartender charged with over-serving. Norwalk Reflector Staff • Jul 3, 2014 at 5:07 PM. A Holmes County bar employee was charged in Holmes County Municipal ...


Bartender pleads no contest to over serving; found guilty ...

local12.com/.../bartender-pleads-no-contest-to-over-serving-...

WKRC‑TV


May 1, 2015 - ANDERSON TOWNSHIP, Ohio (WKRC) -- A bartender pleaded no contest to charges related to a fatal crash. Linda Coomer was accused of ...


Oklahoma bartenders charged with over-serving man who ...

https://www.reddit.com/.../oklahoma_bartenders_charged_with_o...

Reddit


Feb 1, 2014 - Oklahoma bartenders charged with over-serving man who died after being ... The fact these women are being charged with a felony completely ...


Ohio Officials Warning Bartenders To Heavily Monitor Over ...

www.10tv.com/.../columbus-ohio-ohio-officials-warning-bar...

WBNS‑TV


Dec 2, 2015 - Ohio is one of several states that allow for civil injury lawsuits against businesses who serve to someone who goes on to cause an alcohol ...

Boston Pizza Workers Charged With Over-Serving Alcohol ...
www.huffingtonpost.ca/.../boston-pizza-oshawa-alcohol-traffic-death_n_..
Mar 7, 2014 - OSHAWA, Ont. - Police have charged a Boston Pizza east of Toronto with selling liquor to an intoxicated person after it's alleged a man served ..
Bartenders 'Overserve' Drunk Patrons And, No Surprise ...
www.medicaldaily.com/bartenders-overserve-drunk-patrons-and-no-sur...
Jan 14, 2015 - Ford's toxicology report came back 0.30, which is four times over the legal limit. The bartenders were charged with serving alcohol to an ...
California Bartenders Liable For DUI Injuries & Deaths ...
www.sandiegoduilawyersblog.com/.../california-bartenders-liable-f.html
Feb 13, 2014 - California Bartenders Liable For DUI Injuries & Deaths? ... So can the owners and/or bartenders of the bars or restaurants where Culbreath was served be ...However, the bartender can be charged with a misdemeanor under .

I believe holding bartenders legally liable for drunk drivers is ...
https://www.reddit.com/.../i_believe_holding_bartenders_legally_l...
Reddit

Feb 8, 2014 - He gets pulled over, or hits a tree, or any number of other terrible things, and ... bartender may be sued in civil court or may face criminal charges for allowing..... their own standards, i.e. liability for serving "visibly intoxicated".

May 29, 2015 - A lot of countries prosecute bartenders for overserving. ... "Current record is 18 pints in 2 hours" is asking to get sued/arrested for negligence.
Drink Drank Drunk - Who Says You're Drunk? Bars and ...
www.austinchronicle.com/.../who-says-you-re-drun..
The Austin Chronicle
Jul 5, 2013 - Bars and bartenders may help you tie one on – but they're also ... wascharged with intoxication manslaughter and aggravated assault with ... "I don't think it's a mistake," Reposa said of TABC's unclear overserving standards.
Bartenders at McHebes, Dizzy Lizard and Bangers in ...www.newsday.com/.../bartenders-at-mchebes-dizzy-lizard-and-...

Newsday

Sep 4, 2015 - Bartenders at McHebes, Dizzy Lizard and Bangers in Hempsteadcharged with serving alcohol to underaged undercover agent, cops say.
Wisconsin Bartender Amanda Bruski Charged With Over ...
https://dekerivers.wordpress.com/.../wisconsin-bartender-amanda-bruski-..
Wisconsin Bartender Amanda Bruski Charged With Over-Serving Intoxicated Man. June 18, 2010. I have long argued that those who sell and pour the booze ...

Prosecutors File Charges Against Bartender Who ...
www.nbcnews.com/.../prosecutors-file-charges-against-ba...NBCNews.com

Jan 13, 2015 - House Speaker John Boehner's office on Tuesday thanked police for their efforts after a report that a bartender who had served the Ohio ...
Bartenders convicted of 'over-serving' man hit and killed by car

www.click2houston.com/.../bartenders-convicted-of-over-serv...

KPRC‑TV

Jun 18, 2014 - Two bartenders convicted of continuously serving a man who was visibly drunk have been sentenced to ... Bartenders convicted of 'over-serving' man hit and killed by car ... Teen arrested, charged in fatal shooting of man.

 
  • #85
The track are not for walking. They are for trains.

We seem stuck here. The tracks are not for walking. Any and all train tracks must have a provision for human beings to walk on safely to maintain the tracks.

Seems like that is what Zach "started" on. If the tracks were maintained there would have been no place for Zach or a worker

Obvioulsy they did not keep that up. They were repairing it becasue they became aware that some guy jumped or fell in at their not maintained according to law, safety stuff. Tracks need maintenance !
 
  • #86
Sure, but I can see him trying to get to Southie which was likely the plan from the outset though no one has said so. But again, wrong direction?

With wind chills in the minus double digits there were weather warnings that night that exposed skin could freeze within 10 minutes. I don't know what the actual wind speeds were at South Station but here a wee bit north of Boston, it was numbing cold and difficult to even see because of it.

I am guessing that he was walking with the wind at his back when he was going north.

Also, if he wound up at North Station because he got lost, and his phone wasn't working to give him GPS, he might have felt, probably correctly, that he wouldn't be able to find his way there without getting lost again.
 
  • #87
Let me understand. Your assertion is that they need to make the tracks safer for people to trespass on them? In that case they should stop running trains on them in case someone "needs to walk the tracks", they could get run over!


Here is what the Government says about trespassing on railroad property;

"People who access railroad property without permission are not only trespassing on private property but also are susceptible to life-threatening injuries or death. The typical trespasser is a pedestrian who either fails to use designated crossing locations such as highway-rail grade crossings and dedicated pedestrian access paths or walks on or alongside the tracks."

https://www.fra.dot.gov/Page/P0617

This assertion that people "need to walk the tracks" is bunk. Especially on THAT bridge.
MOO

people "need to walk the tracks" is bunk.


"People"
should not be walking the track. Railroad employyes must have a safe way to walk the track for inspcection, reapir etc .

If we take Zach out of this and a railroad employee fell in the river doing his job .....
 
  • #88
In the video above (post 72 and below embedded quote 78) did they say, "at the locks" when they were referring to the bridge? And of so, what does that mean? Is that area part of a drawbridge? My sound is going wonky. TIA. I've read the whole thread and I saw the gaps in the other photos, but thought the gaps were there, necessary, bc it is a drawbridge. (?) But now the gaps are gone? It appeared that way, but maybe I missed something or I'm looking at the wrong thing.

I haven't been around a lot of tracks, but I'd be terrified to walk on them ....ever. However, I didn't know until I read it here that it was trespassing to do so.

If you look at the main image released by MSM that is brand new just purchased plywood!
 
  • #89
I don't see what relevance the over-serving cases have to Zach's situation. There's no indication whatsoever that he was so drunk that he couldn't be served. Assuming his cousin's account is correct (and I see no reason to doubt it), he'd had about a drink every two hours in the time he was in Boston. He was probably over the limit for driving, but no more than nicely buzzed.
 
  • #90
That is how I read it as well, carbuff.
Maybe the half quote mark on, "walk the tracks -- was a typo.

When it comes to any post by me assume typo spelling your right on the mark!!While cutting tomatoes last night the tip of my finger almost made the hamburger as well!!

Exagerating for a hopefull chuckle. On blood thinners let me tell ya - they ARE effective!!

Thought it had stopped took my lunesta and woke up to a crime scene on the sheets! NOT an exaggeration.

Apparently my blood thinners worked through the evening while dreaming!!

You all have seen my handiwork with 10 fingers! Hold tight with 9! Actually may be better casue have to not use that one !


adventures
 
  • #91
  • #92
  • #93
I kinda think it was the telling him not to come back in deal. And he was 22 some party in addition to drinking esp at that age
 
  • #94
Let's Sleuth the theory that this Victim got drunk, was over served and got "tossed out" of the bar and refused entry using MSM or LE links as required by TOS;

Darn. Searching Google using keywords from the theories here, at least to start, I can't find anything but blogs and reader comments. Those are considered rumor per TOS so I cannot link here.

So use "Drink" as a keyword there are 2 right away;


"He had some drinks but it was definitely nothing out of the ordinary," said Marr's cousin Amanda Marr."
http://www.necn.com/news/new-englan...ary-Marr-Harvard-Massachusetts-368845361.html

"She said they had a drink before leaving to go to the Bell in Hand at about 10 p.m. She said Zachary Marr stepped out to smoke a cigarette several times."
https://www.bostonglobe.com/metro/2016/02/15/amissing/6BE0O8J9YdUfZMkyit9OqM/story.html

So what about the theory that he got "tossed out" and the bar is to blame and should be sued.? Again, nothing I can find in MSM or LE. Lots of speculation in reader comments, SM and blogs.

"Marr had texted his cousin, Amanda Marr, around 1:30 a.m. to say he was going to smoke a cigarette, the newspaper reported."
http://www.masslive.com/news/boston/index.ssf/2016/02/boston_police_divers_search_wa.html

So to assume he was bounced out we then have to assume that he lied to his cousin and was not going out for a smoke. Why didn't he say "the bouncer is making me leave"?

Lacking further information and looking at a theory I use Occam's Razor: The theory with the least assumptions is the best one.

I end up with a reasonably sober young man doing ordinary things with ordinary people, who perished due to an unfortunate accident on an historically and dangerously cold night in Boston.

I see no need thus far for considering liability, law suits or blaming the bar, the railroad, family, the victim, etc.

This is my theory based on the actual information we have and supported by links directly related to this case.

:cow:
 
  • #95
Let's Sleuth the theory that this Victim got drunk, was over served and got "tossed out" of the bar and refused entry using MSM or LE links as required by TOS;

Darn. Searching Google using keywords from the theories here, at least to start, I can't find anything but blogs and reader comments. Those are considered rumor per TOS so I cannot link here.

So use "Drink" as a keyword there are 2 right away;


"He had some drinks but it was definitely nothing out of the ordinary," said Marr's cousin Amanda Marr."
http://www.necn.com/news/new-englan...ary-Marr-Harvard-Massachusetts-368845361.html

"She said they had a drink before leaving to go to the Bell in Hand at about 10 p.m. She said Zachary Marr stepped out to smoke a cigarette several times."
https://www.bostonglobe.com/metro/2016/02/15/amissing/6BE0O8J9YdUfZMkyit9OqM/story.html

So what about the theory that he got "tossed out" and the bar is to blame and should be sued.? Again, nothing I can find in MSM or LE. Lots of speculation in reader comments, SM and blogs.

"Marr had texted his cousin, Amanda Marr, around 1:30 a.m. to say he was going to smoke a cigarette, the newspaper reported."
http://www.masslive.com/news/boston/index.ssf/2016/02/boston_police_divers_search_wa.html

So to assume he was bounced out we then have to assume that he lied to his cousin and was not going out for a smoke. Why didn't he say "the bouncer is making me leave"?

Lacking further information and looking at a theory I use Occam's Razor: The theory with the least assumptions is the best one.

I end up with a reasonably sober young man doing ordinary things with ordinary people who perished due to an unfortunate accident on an historically, and dangerously cold night in Boston.

I see no need thus far for considering liability, law suits or blaming the bar, the railroad, family, the victim, etc.

This is my theory based on the actual information we have and supported by links directly related to this case.

:cow:

My device wont open the links right now (bah), but thank you for providing them .

There is no mention in your post about his texts, "Stuck outside" "Let's leave" There are links to this on other pages. To me he was denied re-entry, couldn't get back in, for some reason. IDK the reason.

It was very cold. He had no coat (and it appears no gloves) Imo it wouldn't take long for him to become impaired and or confused from the cold.


Is this site freezing up on anyone else? just me?
 
  • #96
We seem stuck here. The tracks are not for walking. Any and all train tracks must have a provision for human beings to walk on safely to maintain the tracks.

Seems like that is what Zach "started" on. If the tracks were maintained there would have been no place for Zach or a worker

Obvioulsy they did not keep that up. They were repairing it becasue they became aware that some guy jumped or fell in at their not maintained according to law, safety stuff. Tracks need maintenance !

The RR employees are trained to work/walk on those tracks.

Do you know that they were repairing them? Did I miss that?
 
  • #97
My device wont open the links, but thank you for providing them .

There is no mention in your post about his texts, "Stuck outside" "Let's leave" There are links to this on other pages. To me he was denied re-entry, couldn't get back in, for some reason. IDK the reason.

It was very cold. He had no coat (and it appears no gloves) Imo it wouldn't take long for him to become impaired and or confused from the cold.

My point exactly.
The Snapchat message about not getting back in is also contained in the links. We also discussed ad nauseam the closing times and standard practice of locking doors at 1:30 even by a poster here who owned a bar. So not a good night to let the door close behind you.
 
  • #98
if you notice there is ferncing in the middle between the tracks , it looks like some of it came off not being maintained it seems!

There is plywood and fencing beacuse of the search for Zach.
 
  • #99
Re : I see no need thus far for considering liability, law suits or blaming the bar, the railroad, family, the victim, etc.

Basis of the suit:


It was foreseeable that ejecting Mr. Munsell from the bar to fend for himself in his intoxicated state and without a coat created a dangerous situation that placed Mr. Munsell at increased risk of injury and death,” the suit said.


After ousting Munsell, the bouncer stood and watched as Munsell “stumbled off toward the street, weaving unsteadily,”
according to the suit.

The bouncer did not tell Munsell’s friends he had been kicked out or call him a cab, it alleges.

“Neither the bouncer who threw out Mr. Munsell nor any other Market employee made any effort to avoid or mitigate this unsafe situation,” the suit states.

......................................................he drowned to death.


Eric Munsell was celebrating his birthday last

ousted him on a winter night last year, saying that the establishment’s employees’ negligence in the situation led to his death.

The bouncer sent him outside in the freezing weather without his coat and without alerting friends inside. He later wandered toward the North End, fell in the harbor, and drowned.

lthough it was below freezing outside, Munsell was not given a chance to retrieve his coat or tell his friends he was leaving, the lawsuit says.



Munsell’s family has brought a wrongful death lawsuit against the bar.

https://www.bostonglobe.com/metro/2015/09/14/family-boston-man-who-drowned-harbor-sues-bar/SaxUUj931fBrMQDKOpVXaN/story.html


http://www.boston.com/news/local/2015/09/14/family-man-who-drowned-suing-the-bar-who-bounced-him/NPpKVJGFsgyqDDC1E33awL/story.html
 
  • #100
For Zachary Marr and his family, my sympathies go out.
In my opinion, endless discussion based on unsupported speculation is becoming not only libelous but disrespects the family and the victim.
Out of respect for them and without further information I will bow out until we know something. I will keep checking for news and developments.

:cow:
 

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