“An Isolated Occurrence”

The Rt. 1 North restaurant that served nine drinks to the wrong-way driver before his fatal crash with state trooper defends its past record of no violations during ABCC hearing

By Mark E. Vogler

An attorney representing Tribu Mexican Kitchen & Bar on Rte. 1 North in Saugus – the bar that served free and afterhours drinks to an intoxicated customer on Cinco de Mayo before he killed himself and a state trooper in a wrong-way crash – asked the Alcoholic Beverages Control Commission (ABCC) to “keep the matter in context” before deciding disciplinary action against the restaurant. “This is an isolated occurrence,” Attorney Tracy Firicano told commissioners during a hearing this week (Tuesday, July 28) on Tribu’s multiple liquor law violations on the evening of May 5 and into the morning after.

“While there are numerous violations, context is important. The context of it being one evening,” she said.

Tribu served Hernan Ramon Marrero, 50, of Roslindale, nine alcoholic drinks during three-and-a-half hours shortly before the crash, according to ABCC investigators. At about 2:04 a.m., minutes after Marrero left the parking lot of the bar, he drove his Jeep Wrangler southbound on Route 1 North, colliding head-on with State Trooper Kevin Trainor. Both men died in the crash. Tests revealed that Marrero’s blood alcohol level was more than twice the legal limit.

“My clients are taking these violations very, very seriously,” Firicano told the commission.

“Sadly, two people lost their lives here. That’s a tragedy,” she said. “However, the issues before you, honorable commission members, are very narrow ones. And that doesn’t minimize the tragedy. All it does is keep it right-sized and narrows the focus on the evidence presented to you.”

After listening to the testimony at the hour-long hearing, commissioners said they would take the matter under advisement and issue a written opinion at a later date.

Once the ABCC completes its report, the Saugus Board of Selectmen – which acts as the town liquor licensing authority – will conduct its own hearing and will determine what disciplinary action should be taken against Tribu’s liquor license. The board could vote to suspend Tribu’s liquor license or even revoke it. Losing a liquor license for a substantial amount of time can financially hurt a restaurant’s business.

Most of this week’s hearing focused on a five-page report by Supervising Investigator Caroline L. Guarino, which she read into the record. The report, which was constructed by the use of surveillance video and information provided by Tribu, established a timeline from the moment that Marrero arrived at the bar at around 9:15 p.m. on May 5 and left the premises at 1:52 a.m. on May 6. The bar provided all credit card and cash payment records. From the video film and records, ABCC investigators were able to determine when Marrero was served his alcoholic drinks.

Marrero was only billed for two margaritas with Don Julio Reposado and food for a total of $71.69. He left a $30 tip for a total payment of $101.69, according to his credit card information.

The ABCC investigation determined that Marrero received five of his nine alcoholic drinks after midnight – the last one was served at 12:53 a.m. The investigation also concluded that Marrero only paid for two of his drinks. Serving free drinks and after hours are violations of state liquor law. Tribu committed 26 counts of serving alcoholic beverages after midnight and 31 counts of serving free drinks, according to the violations cited by the ABCC investigation.

In her report, Supervising Investigator Guarino noted that Marrero shared a special relationship with Herman Zambrano, one of the bartenders who was on duty on May 5-6. “I interviewed manager Zambrano in the presence of Attorney Firicano,” Guarino wrote.

“Zambrano stated that Marrero was his friend and mentor for over 20 years. Zambrano stated that he had been sober for 2 ½ years and on May 5, 2026, he started drinking alcoholic beverages,” she wrote.

Attorney Firicano elaborated on the friendship during the hearing. “He [Marrero] wasn’t your typical customer,” Firicano said.

The attorney called Marrero “a mentor” and “father-figure” to Zambrano. “They were very close,” she said.

The circumstances were different during that night of drinking at the bar, she stressed. “Mr. Zambrano never drank with employees, because he hadn’t drunk himself in up to two years,” she said. So, it was out of the ordinary for bar employees who were no longer working to receive free drinks, after hours with Zambrano.”

“These are in no ways to be excuses,” Firicano said.

She stressed that Tribu “has no prior violations of any kind” prior to the events of May 5-6. “You have no information that what happened was a regular occurrence,” said Firicano, who also noted that Tribu has cooperated with ABCC investigators and has already initiated steps “to ensure that no such violations occur in the future.

Tribu employs 23 people who are “hard-working” and who are “learning from this experience,” she said.

(Editor’s Note: This story was covered by a reporter who viewed the proceedings of the July 28 hearing broadcast on a computer site set up by the Massachusetts Alcoholic Beverages Control Commission. The ABCC arranged for the site, anticipating it would not be able to accommodate all interested parties in its hearing room at its Chelsea offices.)