Orchards lawyer: Although club employees referred to Craig Barton as "Creepy Craig" because of his manner when he had too much to drink, there was no sign of "Creepy Craig" the day he killed Kareta with his car.
NORTHAMPTON – Although a police officer at the scene determined that Craig A. Barton appeared intoxicated when he killed Frederick S. Kareta III with his car, a lawyer for the club that served Barton alcohol before the crash said employees there saw no such indications.
Alexandra R. Power, who is representing The Orchards, a South Hadley golf course, asked Judge Bertha D. Josephson to dismiss a civil suit against her client for lack of evidence Monday. Kareta, 22, was gathering the mail at his aunt’s house in South Hadley on Aug. 28, 2010, when Barton’s Lexus knocked him out of his shoes and propelled him 80 feet. He died of massive injuries.
Barton, a juvenile court lawyer who lives in Westfield, pleaded guilty last month to motor vehicle homicide while under the influence of alcohol in Hampshire Superior Court. He was sentenced to 5-7 years in prison.
At his sentencing, prosecutors said Barton consumed at least four alcoholic drinks at The Orchards before striking Kareta on his way from that club to another bar in Holyoke. He was traveling 61 miles an hour in a 35 mile-an-hour zone when his car left Brainard Street and drove up on the lawn where Kareta was standing.
Kareta’s family filed the civil suit against Barton and The Orchards seeking damages for his death. According to Power, Barton’s insurer has offered the family the full amount payable on his policy. The family has no legitimate liability claim against The Orchards, however, she contended.
Prosecutors at Barton’s plea cited statements by a waitress at the club that she cut Barton off because he was intoxicated. Power said the waitress told a different story in another affidavit, saying she only told Barton to finish the full bottle of beer in front of him before he ordered another drink. She subsequently served Barton a margarita, Power said.
Although club employees referred to Barton as “Creepy Craig” because of his manner when he had too much to drink, there was no sign of “Creepy Craig” on Aug. 28, according to Power. She also noted that witnesses reported Barton smoking marijuana and taking three Percocets that day.
John D. Ross III, the lawyer for the Kareta family, told Judge Bertha D. Josephson that the waitress’ conflicting statements were “a jump ball,” and don’t warrant dismissal of the suit. Josephson took the matter under advisement.