Restaurant that served Hancock won't be charged by state

ST. LOUIS -- The Missouri Division of Alcohol and Tobacco Control will take no action against a restaurant that served St. Louis Cardinals pitcher Josh Hancock before the drunken-driving accident that led to his death.

In a report released Friday, the division said all information from witnesses indicated Hancock was "consuming intoxicating liquor in moderation" and was "very lucid" in the hours before he died.

A copy of the investigative report was turned over to St. Louis Circuit Attorney Jennifer Joyce for her review, alcohol control State Supervisor Peter Lobdell said in a statement.

Lobdell announced May 31 there was no evidence that employees at Mike Shannon's Steaks & Seafood knew Hancock was drunk, but questions were raised about whether the agency had spoken to all the relevant witnesses.

Since then, investigators contacted witnesses they had not reached previously, including restaurant patron Vince Winkel and ESPN commentator Dave Campbell.

Winkel had told several media outlets in St. Louis he believed Hancock was clearly intoxicated.

In the alcohol control report, Winkel said he saw Hancock consume about three or four drinks and at one point saw the player "steadying himself against the bar with his left hand."

Winkel's wife, Deborah Lee Aitken, told investigators she overheard Hancock talking to a woman around 10:30 p.m. who "may have been an employee of Mike Shannon's" and told her husband "she felt sorry for him (Hancock) because he was slurring his words."

Campbell told investigators he saw no indication Hancock was drunk or unsteady on his feet.

Campbell said Hancock bought him a glass of wine, but when Campbell went to return the favor, Hancock declined the drink.

On May 23, investigators spoke with two St. Louis Cardinals players, Adam Kennedy and Brad Thompson, who had also been at the restaurant that night. Both said Hancock did not appear impaired.

Kennedy, who was with a large group of friends, said he requested that Hancock's tab be included with his, and records indicated he closed out his check at 10:46 p.m.

Investigators found that Hancock closed his tab at 12:01 a.m. on April 29. He had a $25 liquor bill and left a $25 tip. A bartender told them Hancock was not given any complimentary drinks.