I TLJUKS ALCDIIDLIC Texas Alcoholic Beverage Commission ?lVl RAGE CUMMISHOM incident Report mm "1 Current Report status In Process - OCCUFFEU 0?0 REFORMS Of?cer Date Entered 1r4r2i11s 5:57 PM Locate? Less. Richard Entered By Legg, Richard Assisted Ely Date Verified Veri?ed By Date Approved Approved By Incident Date 9i9i2017 Report Type Incident Report Report narrative Complaint: My name is Richard Legg and I am employed as a Peace Officer for the Texas Alcoholic Beverage Commission. I am currently assigned to the McKinney Outpost of the Enforcement Division. On 09-12-17 Agent Nicole Hamilton opened a source investigation complaint #386600 in regards to an article that was run by CNN. The article stated that a shooting had occurred in Plano, TX and multiple people were killed1 including the suspect, Spencer Hight. Agent Hamilton contacted Plano PD and spoke with Detective Scott Epperson. Det. Epperson advised that Spencer Hight had just left Local Public House located at 2001 Spring Creek Parkway in Plano, Collin County. Det. Epperson said that Hight was intoxicated and went to a residence located at 1712 W. Spring Creek Parkway in Plano. The shooter, Hight, opened fire and murdered 3 people before Plano Police arrived. A Plano PD of?cer arrived and engaged the shooter, killing him at the scene. I was assigned the investigation. I was on deployment in Harris County and Sergeant Scott Helpenstell and Agent Teresa Hall began working the investigation until my return. Local Public House is located at 2001 Spring Creek Parkway in Plano, Collin Co. Local Public House operates under the authority of a Private Club Registration Permit 8. This permit was current and active at the time of the offense. The Private Club Registration Permit is held by Mackymo?s Grill 3. Bar Inc. This permit expires on 10-21-18 Incident Synopsis: On 09-10-17 Spencer Hig ht entered Local Public House on two separate occasions. Hight ordered two gin and tonic at 2:39pm then left the location. Hight returned to Local Public House at 5:33pm and ordered two Miller Lite beers and a shot of lemon vodka. In the bar video, Hight appeared to be highly intoxicated. Hight was unsteady on his feet and staggered around the bar, running into tables and walking sideways. The bartender, Lindsey Glass, observed Hight with a large fixed blade knife as he was spinning it on the bar. Glass then texted Timothy Brandt Banks, another bartender and friend of Hig ht, and advised him that Hight had a big knife on the bar and was spinning it and Hight said he had dirty work to do. Banks told Glass he was going to come to the bar. Glass then texted Banks that Hight was drunk and being weird. Hight and Glass then went to the patio area. Hight produced a pistol from his front pocket and put it on the table. Glass then observed Banks arrive and went to tell him about the gun. Banks made contact with Hight and according to his statement to Plano Police, he believed something was wrong with Hight and called the bar owners. Banks was able to make contact with Jerry Owen, who is a director of the corporation Mackymo's Bar 3- Grill'lnc. who holds the Private Club Registration Permit for Local Public House. According to Banks interview with Plano Police. Owen advised Banks not to call the police. Hight then left the location and proceeded to 1712 Spring Creek Parkway, the home of Meredith Hight, Spencer's estranged Spouse. Hight had ENF1500 - Incident Report 3i12i201811:49 AM 2i10 Texas Alcoholic Beverage Commission Incident Report an Ali-15 platform weapon with .223 caliber ammunition. Hight opened fire on several adults at the location killing 3 people. A Plano Police Officer arrived at the scene after 911 calls from Glass, and other neighbors reporting shots fired. The officer observed Hight with the weapon and engaged him with gunfire. Hight was killed at the scene. Investigation: During my investigation I determined there to be 4 main actors in this incident. Two Local Public House employees, a Director of the corporation, and the intoxicated shooter. Lindsey Glass Bartender for Local Public House at the time of the offense. 2. Timothy Brandt Banks - Bartender for Local Public House, not on duty at the time. but came to the scene. 3. Jerry Owen Director who according to Banks told him not to call police. 4. Spencer Hight Intoxicated person who consumed alcoholic beverages at Local Public House then committed murders following his departure from the licensed location. Hight left Local Public House at 7:33pm and was located by Glass and Banks at the victims residence at 3:03pm. On DQ-ZTJIT Lt. Geoffrey Weise, Sgt. Scott Helpenstell, and I met with Detectives from the Plano Police Department. Detective Paul Martinez was my main contact and he presented the three of us with the events from 09-10-11 Det. Martinez provided us copies of video from the bar, videos of interviews with Lindsey Glass and Timothy Banks, audio of the 911 call from Lindsey Glass, and various pictures and copies of text messages from Timothy Banks. Lindsey Glass, and Spencer Hight. Det. Martinez also provided a timeline of the events of that date. On 09-284? went to Local Public House and delivered a letter requesting the following documents: 1. Alcohol sales reports for the business date of 09-10-17 2. Guest Checks for the business date of 09?1 3. Guest credit card receipts for the business date of 09-10-13" Ryan Hughes reached out to me by email and advised me that he would be acting as the attorney for Local Public Hou3e and asked that I contact him for any further requests. Hughes provided me the requested documents. In going through the receipts I found two for Spencer Hight. The first receipt was timed at 2:39pm. Detective Scott Epperson said in his sopplemental report that I received that the video time was 13 minutes behind the true time. I found the time on this receipt to be accurate with Plano Police Detectives timeline of the events. On this receipt, Hight payed for two well gins. Gin is a distilled spirit. The second receipt was timed at 5:36pm. It was for 2 domestic beers and call. A call is typically is a customer's choice of a predetermined sized serving of a distilled spirit. In a later interview with Glass, I learned that the domestics were Miller Lite beer and the call was a shot of lemon vodka, a distilled spirit. The time on the receipt was not consistent with the video. I asked Glass about this in a later interview and she could not explain how the time on the receipts worked. I then reviewed the Plano PD video of an interview between Lindsey Glass and Detectives Hoffman and Robin Busby. This interview took place at the Plano Police Dept. on 09-13-17. During this interview Glass advised that Hight came to the bar two separate times that clay. On the first trip she said Hight ordered 2 gin and tonic drinks and then went to the patio to smoke. Glass told detectives that she did not observed any weapons on Hight during the first visit to the bar. Glass stated that Hight then returned to the Local Public House for a second time a couple hours later. Glass advised she was playing pool when Hight entered. The pool tables are set up right by ENFISDD - Incident Report 3l12i2013 11:49 QM 31'10 TIMS Texas Alcoholic Beverage Commission RAGE COMMISSION . Incident Report the patio entrance, and there was a door that was propped open from the patio into the Local Public House. There are several windows as well next to the door. Glass said she said hello to Hight and went behind the bar and served him a Miller Lite beer. Glass said that she went back to playing pool and also went outside to the patio to smoke a cigarette. Glass stated she Walked back in from the patio and Hight ordered another beer and a shot. Glass advised that Hight asked to tab out and then she observed a large knife and asked Hight what he was doing with it. Glass said Hight asked her to come outside and smoke a cigarette with him. Glass stated that once outside they sat at a table. This table was next to the propped open door. According to Glass Hight made comments about someone owing him money or something. Glass said that at that point she observed Banks pull into the parking lot. Glass said she got up to go meet Banks and Hight pulled a pistol out from under the table and laid it on the table. Glass told Plano Police she said ?what the fuck are you doing with that you can?t have it here." Glass said Hight responded that there was no ?clip." Glass told police that she then went to meet Banks at the door. Banks had his child with him and Glass said she told Banks that Hight had a gun. Glass said that Banks went outside with Hight and stayed 30-40 minutes. Video showed that Banks and Hight stayed on the patio for 24 minutes. Banks then came inside and told Glass to call Meredith and asked her which way she lived. Glass said she showed Banks and he ran outside and left. According to Glass, Banks returned 2-3 minutes later and asked her to show him where Meredith Lived. Glass got in the car with Banks and drove to the crime scene, Meredith's residence at 1T12 Spring Creek. Glass said that she observed Hight at the house and she called 911. This is the first time that police have been called. Glass said they pulled around the front of the house to get the house number for police. Glass stated that Banks then took her back to Local Public House. Video of the interview will be turned in with this report. On 12-08-1? at 11 :20am I conducted an interview with Lindsey Glass at the McKinney Outpost of the TABC. Sgt. Helpenstell was present, as was Ryan Hughes, attorney for Local Public House. Glass was advised that she was not detained or under arrest and that she was free to leave as she pleased. The interview was audio recorded and the recording will be turned in with the case. During the interviewl asked Glass how long she worked for Local Public House and she said for 9 or '10 months. Glass said that she had 7" years of experience in the bar industry, 2 years as a bartender and 5 as a waitress. Glass told me that she was playing pool with a customer when Hight arrived at Local Public House on his second visit there. I asked her if it was customary for her to play pool while she was working and she said it was not, but that it was slow. Glass told me that when she approached Hight she saw no signs of intoxication. Hight ordered a Miller Lite beer and sat at the bar. Glass said she served him the Miller Lite and continued to play pool. I also asked Glass what her general procedure was for checking for signs of intoxication. Glass said that she watches the way they walk and talk, and if their eyes were glassy. Again, Glass said she saw no signs. I asked her for clarification about when she saw the knife and where it was when she saw it. Glass said it was after he was served, and when he wanted to tab out and that the knife was in a sheath on his belt. Glass said she may have told Hight he could not have the knife on him but could not remember. Glass also told me she could not remember if it occurred to her to call the police after she saw the gun. I asked Glass about the knife and ifshe saw Hig ht with the knife out spinning it on the bar top. She said no. Glass said she did not remember texting Banks about the knife spinning on the bar top. Glass said that she did not at any point believe that Hight was intoxicated and never texted Banks that Hight was drunk. This statement is contradictory to the attached text messages taken from Banks phone by Plano Police. asked Glass to review the her video with me so that I could ask her questions about it and she refused. Incident Report 3i12i2018 11:49 AMI 4ND TEXASAIELIHULIC Texas Alcoholic Beverage Commission Report On 09-10-17? at 11:30pm Detective Scott Epperson interviewed Timothy Brandt Banks at the Plano Police Dept. Epperson asks Banks if Hight was drunk and Banks said yes, but he wasn't sure if it was alcohol or something else. Banks said that Hight was acting different. Banks said that is wasn?t blatant, but something was off. Banks described how he and Hight sat at a table on the patio, right beside the door leading into Local Public House. Banks said that he observed the knife and a "clip" which turned out to be a magazine to a .330 pistol that was later found on Hight. Banks told Epperson that he told Hight that he did not want to call the cops on him but "while you're this inebriated, go put this shit in your car", referring to the pistol and the magazine. According to Banks. he followed Hight out to his car. Hight did not want Banks to look in his car. Hight fell backward into Banks, and Banks said he propped Hight up. Banks turned his back and did not look into the trunk of Hights car. Banks and Hight then returned to the patio. Hight told Banks that he was having trouble with his estranged wife Meredith's parents and that he had the right to defend himself. Banks said he told Hight that a strong breeze could knock him over so tonight might not be a good night. Banks asked Hight where he lived, and he replied at Spring Creek and Ohio, which is west of Local Public House. Banks offered a ride to Hight and offered to give him a ride home or get him an Uber. Banks said that Spencer stated he had some things to do tonight. Banks told him he should do them when he was sober. Banks then told police that Hight?s response changed things for him. Hight responded that he ?couldn?t do the things I want to do tonight without being this intoxicated." Banks then told Hight to hang out with him and have a beer, and that he was going to call his girlfriend Sarah to pick up his kid. Instead, Banks went outside to call the owners of the Local Public House. His first call was to Heather Livingston who is listed as a Director on the corporation Mackymo?s Bar 3: Grill Inc. who holds the private club registration permit for Local Public House. Livingston did not answer. Banks then attempted to call Livingston?s fiance Steve. but he did not answer. Banks then contacted Jerry Owen, a Director of the corporation. Banks said he was afraid something bad was going to happen and should he call police. Banks said Owen did not want him to call police. Banks then observed Hight walking to his car. Banks told Owen that Hight was leaving and asked if he should tackle Hight. Banks told police that he believed he could "take Spencer" because he had been drinking and Banks was sober. Banks said Owen advised him to let him go and see which way he was going. Banks said he pulled out and turned left and he immediately was concerned. Banks knew that Hights house was to the west which would have been a right turn out of the parking lot. Meredith Hight's residence was only three blocks to the east. or left. Banks went to follow Spencer but could not find Meredith?s residence. Banks returned to Local Public House and got Glass to come show him where Meredith lived. They arrived at the residence and found Hights car outside. Banks said he saw Hight on the side of the residence. Banks and Glass got the address and Glass called 911. Banks dropped Glass back off at Local Public House and was headed back to Meredith?s house when he saw a police officer and flagged him down. At the end of the interview, Banks asks Detective Epperson if he would tell Banks what happened. Epperson said that at least 8 people were dead, maybe more. Banks response was ?So I uh, by not making that call early enough. by not intervening, by not doing what everything in my heart told me to do, I let the worst murder in the case of Plano ever happened." A copy of the interview will be attached to this report. On 12-03-1? at 11:00am interviewed Timothy Banks at the McKinney Outpost of TABC. Sgt. Scott Helpenstell was present, along with Ryan Hughes, the attorney for Local Public House. I advised Banks that he was not detained or under arrest, and that the doors were unlocked and he was free to leave at any time and not answer any of my questions if he did not want to. My interview with Banks had several different answers than his interview with Plano Police. [asked him initially if he believed Hight - Incident Report 3l12l2018 11:49 AM 5ND Texas Alcoholic Beverage Commission . Report ., TIM to be intoxicated and he said no. This contradicts his interview with Plano Police where he referred to Hight as being intoxicated several times. In his interview with Plano, Banks says that Hight even referred to himself as being intoxicated in his statement about having to be that intoxicated to do what he wanted to do. i then asked Banks if Glass had told him anything about a weapon when he got there. He said no. This contradicts what Glass said in both interviews. She advised that she had told him as soon as he got there about the gun. Banks said that he then went to the patio and sat with Hight on the patio. Banks described Hight as being something he had never seen in 13 years of working in the bar business. Banks said his eyes were dark. Banks hadalready told me that he did not believe Hight was intoxicated, so I asked him what made Hight look like something he had never seen in 13 years. He told me that if I walked into the woods and saw a duck and a zebra having intercourse, I would immediately know it was something thatl had never seen before. I asked Banks if he contacted Jerry Owen and he said yes. in this interview, Banks stated that he told Owen Hight wasn?t drunk. which contradicts what he told Plano police. Banks first told me that he asked Owen if he should call the police, and then said he couldn?t remember. Banks told Plano he did ask Owen about the police. I asked Banks if he believed he should have called police after seeing the large knife and the magazine in the bar and he said no. Banks told Plano police that everything in his heart told him call police and stop Hight. This again. is different answers to the same question. 1 audio recorded this interview and it will be attached to the case. After reviewing all of the videos. text messages, photographs, witness statements, and reports. I have found the following facts from the evening of 09-10-17: 1. At2133pm Spencer Hight enters Local Public House. Hight orders two gin and tonic drinks from Lindsay Glass, the bartender, and leaves. Hight stays gone for a few hours. Plano PoliCe believe that he was drinking at his residence before he returns to Local Public House for the second time as empty beer cans were found at his residence during the service of the search warrant of Hights house. 2. 6:40pm Hight enters Local Public House from the patio entrance. Hight is leaning to his right as he walks. and he throws something away in the trash can by the entrance into the building. The patio door is propped open, and the patio is in plain view of the? pool tables where Glass is playing pool. The pool tables are close to the patio door. Hight talks with Glass by the pool tables as he walks toward the bar. Hight is wearing a black shirt, blue jeans, and has a large brown leather knife scabbard attached to his belt on his right side. 3. 6:40pm Hight sits down at the bar. His gate as he approaches the bar he is unsteady on his feet. Hight orders a Miller Lite beer from Glass, and she serves him the beer. Hight takes a drink of his beer by lowering his head down in a strange manner as Glass walks past him. 4. 5:41 pm Hight staggers into the patio while drinking the Miller Lite. Hight walked right past where Glass was playing pool. 5. 6:47 Hight walks through the patio area, runs into a picnic table hard enough to move it, and staggers back inside the bar and takes a seat at the bar, with his back to Glass, the pool tables, and the patio. It is apparent at this point that Hight is extremely intoxicated. 5. 5:55pm Hight pulls a large fixed blade knife from the leather scabbard on his belt. Hight places it on the bar and begins to spin the knife as he were spinning a top. Photographs received from Plano PD show the knife and the blade appears to be approximately 7 inches, and it is a double edged blade. A knife of this size is prohibited by law from being carried inside this location. 7. 6:56pm Glass walks up behind Hight as he is still spinning the knife. Glass walks around behind the bar. Hight spins the knife and it almost falls behind the bar. Glass is only a couple of feet away from Hight. Right after the knife almost falls off the bar, Hight puts it back in the scabbard. Glass in interviews claims that she did not see the .. Incident Report 3l12f2018 11:49 AM EMU Texas Alcoholic Beverage Commission Incident Report knife until Hight tabbed out. However she will later text Banks that Hight was spinning the knife on the bar. From Glass' vantage point behind the bar, and where Hight was sitting, it would be impossible for Glass to have viewed the knife and scabbard when Hight tabbed out as he was seated, as the knife would have been concealed by the bar top. There was only one other employee in the location at this time and it was an unidentified cook that did not leave the kitchen. 8. 3:57pm Glass served Hight a Miller Lite beer and a shot of lemon vodka. Hight almost falls out of his chair as he takes the shot. Hight consumes beer as well. El. 7:02pm Glass texts Banks and tells him "Spencer has a big knife on the bar and is spinning it and just asked for his tab and said I have to go do some dirty work.? She then sent an emoji and the word That text was followed by one that said Banks replied with "Should I drop in and say something to him or call him". Glass sent ?I?m talking to him now text you in a little.? Banks said ?I'm headed up". Glass then replied "he's drunk and being weird? and ?ok but act cool don?t be like oh Lindsey told me what you said just be like what's going on." The fact that Lindsey texted that Hight was spinning the knife on the bar top shows that she did indeed see the knife out of the scabbard and was not being truthful during her interviews. The text that Glass sent Banks that Hight is drunk is text 5 minutes after the time Glass had just served him a Miller Lite beer and a shot of lemon vodka. 10. T:12pm Glass and Hight have taken a seat at a table on the patio. The table is right by the entrance into the building. by the propped open door. Glass stands up from the table and Hight pulls a pistol from his front right pocket and places it on the table. Glass says she informed him he can't have that inside the location. Glass did not call the police when she observed the knife which was prohibited inside the licensed location. 11. Around this time, Banks arrives at the location. Banks and Glass both admit to speaking, Glass says that she made Ban ks aware of the pistol in Hight's possession. Banks goes to the patio and takes a seat outside with Hight. At approximately Banks and Hight exit the patio to take the weapons to the vehicle. The two return to the patio and stay for 24 minutes. 12. ?:38pm Hight leaves Local Public House. Hight then drives to 1712 Spring 'Creek Parkway in Plano, 3 blocks from Local Public House. Hight enters the residence with an AR-15 style rifle, a .330 pistol, presumably the pistol be displayed at Local Public House, and the large knife he displayed at Local Public House. Hight opens fire with the rifle and kills 8 people and does serious bodily injury to another victim. Police arrive and the residence and Hight is killed in a gunfight with a police officer. The victims of the murder are Olivia Deffner 24 deceased, James Dunlop 29 deceased, Carly Shockley 25 serious bodily injury, Meredith Hight 27 deceased, Rion Morgan 31 deceased, Darryl Hawkins 22 deceases, Myah Sade Bass 28 deceased, Anthony Gross 33 deceased, and the suspect Spencer Hight 32 deceased. Gunshots are heard by officers at 3:10pm. Officers notified dispatch at 3:12pm that the suspect is down. 13. Upon the autopsy of Spencer Hight, it was found that he had a blood alcohol content of 0.33 at the time of his death. Hight tested positive for cyclobenzaprine and negative for illicit substances. Conclusion: 09-10-1? Spencer Hight entered Local Public House. Hight was intoxicated. and displays signs of intoxication during the bar video, before he is served alcoholic beverages by Lindsey Glass, the bartender of Local Public House. This is a violation of Section 11.61lbll?l4) and Section 101.63 of the Alcoholic Beverage Code which prohibit the sale of alcoholic beverages to intoxicated persons. Hight?s actions were visable to Glass who should have observed those signs. Glass seemed to be aware of Hight?s intoxication as she texted a fellow employee Timothy Banks that Hight was - Incident Report EN 22018 11:49 AM 7l'10 Texas Alcoholic Beverage Commission Incident Report ?drunk". It appears this text was less than 5 minutes after the time Glass served a Miller Lite beer and a shot of lemon vodka. Hight displays a knife at the licensed location while he is sitting at the bar. Hight places the knife with an approximate 7" double edged blade on the bartop and begins to spin it. This is clear view of the bartender Glass, and one other unidentified customer. This display of a knife appeared to have caused alarm. as Glass texted Banks and told him that Hight was spinning a big knife on the bar and said he had dirty work to do. Glass also texted that Hight was Section 104.01 prohibits a permittee or employee to permit on the licensed location, a person to rudely display a pistol or other deadly weapon in a manner calculated to disturb persons in the retail establishment. Hight later displayed a pistol as well. A deadly weapon as defined in the Texas Penal code as a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury. Texas Penal Code 46.01 states person commits an offense if the person intentionally, knowingly, or recklessly possesses or goes with a location- restricted knife on the premises of a business that has a permit or license issued under Chapter 32 Alcoholic Beverage Code, if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption, as determined by the Texas Alcoholic Beverage Commission under Section 104.06, Alcoholic Beverage Code." Tex. Penal Code It should have been apparent that Hight had such a knife, and Glass allowed Hight to remain on the licensed location with said knife. Police were never called until Hight left in the direction of his estranged spouse?s residence. it was also apparent from Banks interview with Plano Police that he believed Hight to have bad intentions and was intoxicated and believed that he should have called police, but according to Banks, Jerry Owen, Banks boss, did not want him to. Chapter 35.3103) of the Administrative Rules state that a licensee or permittee violates the provisions of the Alcoholic Beverage code cited in paragraph one of which is of this rule if any of the offenses listed in paragraph of this rule are committed: and (3) the licensee or permittee knew or, in the exercise of reasonable care, should have known of the offense or the likelihood of its occurrence and failed to take reasonable steps to prevent the offense. Offenses listed in paragraph that occurred are: Sec any homicide offense described in Chapter 21 of the Texas Penal code. Sec. 35.31icjl131 any weapons offense described in Chapter 46 of the Texas Penal code. This constitutes a violation of the Alcoholic Beverage Code Sec. 11.61ij7} which states that the place or manner in which the permittee conducts his business warrants the cancellation or suspension of the permit based on the general welfare, health, peace, morals, and safety of the people and on the public sense of decency. Spencer Hight was served alcoholic beverages while intoxicated by Lindsey Glass, an employee of Local Public House. Hight then left Local Public House and murdered 8 people and shot another causing serious bodily injury. Due to statements made by Timothy Banks in his interview with Plano Police, where he admitted that Hight told him that he could not do what he wanted to do without being this intoxicated, intoxication was a proximate cause of the deaths and serious bodily injury. This is grounds for a revocation proceeding under Section 2.02 {bll1} and under 11.61jbll2}. ENF15IJD - Incident Report 3i12i2018 11:49 AM EMU nu. . me. Lindsey Glass 060 message can FaceTime - Ilh'l'i . phone Emu; K. Mai??"4; uhl A. 5? 'v uh?; You need to hoid Joe and have a beer ready for me lol F. II. . - 'earlie . 5,??ffjf Todayr 102 PM :5 Spencer has a big knife on the bar ri-and Is spinning it and just asked for tab and said i have to go do Some dirty work ?gmil i. 4 .- - . 'n hip-Ml - - . ,1 Should I drop in and say something to him or call him? :fr. l'm talking to him now I ll text you in - a little I'm heading up .- ?pk but act coal don be like oh me, what you send just of? hat's gelng drunk and being weird . You need to hold Joe and have a beer ready for me loi