Could bar shooting have been prevented? Here's what regulators knew, did before 6 shot
Before six people were shot at an east side nightclub March 24, Indiana alcohol regulators knew there were problems.
They knew the location had a history of violence under previous owners, including a shooting in 2021 that left a 31-year-old man dead.
The knew the new owners were operating a nightclub, despite telling regulators in January that they planned to open a brunch spot.
And they knew that since the new owners took over, state excise police had found evidence of marijuana use, so little food that the so-called brunch spot failed to even qualify as a restaurant, and other violations.
“I don’t think we can wait any longer to see what this turns into,” said Tyler Graves, chairperson of the Alcoholic Beverage Board of Marian County, during a March 4 meeting.
The county board voted to deny the club's license renewal request. The Indiana Alcohol & Tobacco Commission agreed with the decision, voting to deny the license on March 19.
But the club, 11:11 Bar & Grille, 9439 E. Washington St., was allowed to remain open under a previously granted license extension, pending a possible appeal.
Five days later, it became the site of one of the city's worst shootings so far this year. One man was killed. Five others were wounded, including an Indianapolis police officer.
It's part of a recent spike in violence that has left three people dead and 12 injured at Indianapolis bars, clubs and event centers. That toll includes a shooting at Onyx Event Center that killed one man and injured two other people during the NBA All-Star Weekend in February. Six others were shot — one fatally — at Landsharks, a bar in Broad Ripple, on March 16.
The actions of alcohol regulators in each case shows they are taking a more aggressive approach than they did prior to an IndyStar investigation last year. Still, some of the same problems remain.
What IndyStar's investigation found
In a story published in February 2023, IndyStar found that violence at bars was a significant contributor to the city's homicide rate. Reporters identified at least 49 homicides tied to bars, clubs and event centers since 2016, with more than 150 others wounded in shootings or stabbings.
The violence was allowed to persist, in part, because of a state law that explicitly prohibits local police and cities from regulating alcohol establishments. The power is reserved only for the ATC.
But reporters found that ATC enforcement activity had fallen dramatically over the past decade, contributing to a Wild West atmosphere and a sense of impunity. Some bars were allowed to stay open despite multiple shootings and even after their owners were arrested for tax evasion, corrupt business influence or other crimes.
When the ATC did take action, IndyStar found that troubled bars could stay open for months or years through a combination of smartly timed renewal filings, virtually automatic 90-day extensions, up to three one-month continuances, and, if necessary, appeals that can last six months or more.
Despite the problems, state lawmakers have refused to consider proposals giving the city and local police more power to regulate nuisance bars. But the ATC did receive a funding boost last year and the agency made some changes. That includes closer cooperation with IMPD and new policies to allow the ATC to react more quickly to problem bars.
For about a year, violence at bars seemed to recede, at least anecdotally. Nobody tracks such data.
A history of problems
Evidence of the changes — and their limits — were on display in all three recent shootings.
The shooting at 11:11 Bar & Grille was at least the fourth to take place at the location since 2017. The previous violence occurred under different owners and includes a homicide, multiple shootings and a stabbing.
"It's been a huge problem. I hear gunshots back there all the time," said Carla Fretwell, 50, who lives in a home adjacent to the strip mall where the bar is located. "That place has always been an issue."
Regulators hoped that would change when Nachelle Moore and Shellie Branson took control of the location about four months ago. During a liquor license hearing in January, they told the Marion County alcohol board that they planned to open a "brunch spot" and compared the restaurant to a "small town diner."
What board members did not know at the time is that just two nights earlier, 11:11 Bar & Grille hosted a New Year's Eve grand opening party from 10 p.m. to 3 a.m. A post on social media touted a VIP section, DJ, and described the event as for ages 25 and up. Other posts advertised musical performances and "Freaky Fridays," when ladies are free until midnight.
State excise police also visited the restaurant and identified multiple concerns, according to board members. Officers went to the location during brunch hours, but couldn't get in. Later, when they were able to get inside, the so-called brunch spot, it didn't even have any coffee or milk, which are required to qualify as a restaurant.
Excise police also found evidence of marijuana use at the location, board members said.
“I feel like you came in here and intentionally misled us and told us you were going to have one type of business with full intentions of having a different type of business,” Ami Sunier, a state excise officer who sits on the Marion County alcohol board, told Moore during the board's March meeting.
Moore acknowledge that she had previously told the board she would be operating a restaurant. The bar's application for an entertainment permit wasn't complete, "so I didn't mention it," she said. "At the time, I didn't think it was important."
Moore did not return messages from IndyStar.
The board voted 2-1 to deny renewal of the bar's liquor license. The ATC upheld the decision 10 days later.
ATC takes swift action, but not swift enough to prevent shooting
The quick action, just three months into the new ownership, is a stark contrast to the kind of oversight the local board and ATC had traditionally conducted. IndyStar's investigation last year found that problem bars routinely stayed open for years, despite rampant violence, drug use and multiple alcohol violations.
But the denial of 11:11 Bar & Grille's license didn't stop it from continuing to operate. Although regulators denied the license renewal, commissioners allowed the bar to stay open under a previously granted license extension, pending a possible appeal of the denial.
The weekend after the ATC's denial, the bar held an event dubbed "Sold Out Saturdays." Authorities say a dispute that began inside the bar led to gunfire in the parking lot at about 1:30 a.m. Two off-duty police officers who were working security exchanged fire with a man who they say was shooting at another person. The man was killed and one of the officers was shot in the leg. Four other people were also wounded.
Two days later, the ATC voted to revoke the bar's license extension — effectively closing it this time.
ATC Chairperson Jessica Allen declined to answer questions after a meeting Tuesday about the agency's previous decisions. The agency's outside public relations consultant, Stephanie McFarland, did answer some questions on behalf of agency officials through email.
McFarland said previous acts of violence at the location are not connected to the new owners. She did not directly answer questions about why the ATC did not revoke the bar's transfer license at the same time that it denied the renewal of its permanent license. Had it done so, the bar would have been effectively shut down before the shooting.
"There is an important point to note in this case: Indiana law affords permittees due process," McFarland said.
The ATC's own policies, however, say that "Indiana law ultimately affords the Commission absolute discretion in determining whether to issue" a license extension like the one the bar was operating under at the time of the shooting.
Neighbors like Fretwell said they are glad the ATC finally closed down the bar. She said she fears for the safety of her two boys, 13 and 15. "Hopefully," she said, "They'll keep them shut down."
Other shootings
Other recent shootings highlight a similar pattern. Alcohol regulators are reacting more swiftly to problem bars, but can't always prevent violence from erupting.
Like 11:11 Bar & Grille, Landsharks in Broad Ripple was operating on a license extension on March 16 when a shooting took place inside the bar. A bartender with a five-year-old daughter was killed. Five others were injured.
One patron told police that security at the bar were using a metal detector on men, but not women. Security footage appears to show the alleged shooter retrieve a gun from the "chest area" of his female companion, according to a police affidavit. A 25-year-old has been arrested and charged with murder.
The ATC acted quickly. Three days after the shooting, commissioners revoked the bar's license extension. The license is now in escrow, or "non-operational status," as excise police investigate.
In the case of the Feb. 18 shooting at Onyx Event Center on the city's west side, IMPD and the ATC worked together to crack down on the organizers. The ATC sent a cease-and-desist letter more than a week before the event, which authorities say did not have the proper authorizations. State excise officers were already on the premises waiting for additional backup to raid the center and shut down the illegal party when the shooting occurred, allowing them to respond quickly.
Contact IndyStar reporter Tony Cook at 317-444-6081 or tony.cook@indystar.com. Follow him on X: @IndyStarTony.
This article originally appeared on Indianapolis Star: As Indianapolis bar shootings spike, here's what ATC is doing
