Bier Garden liquor license suspended for three days in wake of fight

Bier Garden liquor license suspended for three days in wake of fight-attachment0

The Bier Garden will have its liquor license suspended for three days and pay $5,000 in fines as part of a deal reached with the state Alcohol Beverage Control Commission. The fines and penalties stem from a recent fight involving a Bier Garden manager and employee and ALE agent David Miller.

ALE Supervisor Alan Page told Xpress about the deal this afternoon.

“It’s a compromise settlement,” Page said. “This is the administrative penalty agreed to by the ABC commission in Raleigh. If people are likely to be hurt or attacked at a place, we can revoke their privileges. But due to their record — the Bier Garden’s got a very good one — we’re treating this as an isolated incident. They’ve been cooperating fully in our investigation.”

The fight, involving Bier Garden manager Malcolm Knighten and bouncer Michael Plemmons has become controversial. In a 911 call just as the fight started, Knighten said that Miller had been cursing and threatening people, and that he didn’t believe he was a law enforcement officer. In the audio of that call, someone — presumably Miller as he addresses Plemmons — can be heard saying, “you’re going to get maced for real, dude.”

Knighten was charged with assault with a deadly weapon for allegedly striking Miller with a bar stool, while Plemmons was charged with assault inflicting serious injury. Both have also been charged with resisting arrest and interfering with an ABC inspection.

— David Forbes, staff writer

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52 thoughts on “Bier Garden liquor license suspended for three days in wake of fight

  1. Will

    Will the hypocrasy ever stop in this town? Please – let’s hear the real truth!

  2. Trey

    Yeah, so…. we’ve all seen Law and Order…..

    When does the DA make a settlement on a case before it goes to trial????

    When they have no evidence to back up the charges and they feel they could not win the case if it went to trial.

  3. William P Miller

    Well perhaps this is evidence enough that the thing went down according to the police report. Armchair anarchists who want to believe this is some travesty, go right ahead in your dream worlds. The proof is in the pudding.

  4. Peter Lorenz

    Armchair anarchists?
    You should already know that this didn’t go down as the police report said it did. Listen to the audio. Listen to Millers threats.
    Your determintation to beleive in the police report, which I doubt you even seen, makes little sense.
    That report is nothing more than Miller’s story. Reads like he was still drinking when the police wrote it down for him.

  5. jen

    ahh. they did it..get over it. not everyone in asheville is a saint.

  6. true.

    but hitting someone isn’t always assault. sometimes it’s self-defense, and some other times it’s called “third party self-defense.” and i think all of the evidence will support this in court. so if you’re over it, you can tune out.

  7. Peter Lorenz

    Wow. I guess thats a wrap. Case closed. “They did it.” I guess I’d better just get over it. Darn. Here I was thinking that I’d not just bend over and let bad people do bad things. But whats a guy to do when agruments like “ahh. they did it..get over it. not everyone in asheville is a saint.” are so on point.

  8. nuvue

    Yep Jen
    get over it, well, take a three day Vacation, you guys deserve it after dealing with ALE

  9. Rob Close

    it’s not a wrap until the video is seen by a jury or the public. then, maybe, we’ll KNOW. until then, this is a lot of idle speculation.

  10. William P Miller

    Like I said above, the police report has been backed up by ABC. Peter, you say you are local, but I wonder. Or maybe you are 20 years old and have no experience here on a longer term basis. You all place a lot of your opinions on either 1) the 911 call audio, 2) or your personal relationship with the perps. Sorry armchair anarchists. The police report stands. I predict the perps will be found guilty.

  11. Peter Lorenz

    Hey will.
    Firstly, your strange assumption that I am twenty and am therefor incapable of understanding your concept of the world is not only simple but insulting. What I said about my birth place is the truth. I was born in Mission Hospital before it was Mission St Joes. But that is irrelevant to the matter at hand. As is my age.
    Also, what is it that makes me an anarchist? Nothing at all, that’s what. In fact I think it is patriotic to disagree with government policy when it is so radically different from the values that I, as an American, believe to be right. Nothing is anarchistic about upholding the rights of a citizen. Even ones accused of crimes.
    I understand that my view is biased according to people like yourself who believe that a document with an official seal must be factual. But that isn’t my way. It isn’t the way of a rational person, one who questions authority not out of instinct, but experience. That isn’t the way our system of government was established. If you see a great dishonesty, a life-ruining untruth, it is the responsibility of a honest citizen to do what can be done to correct it. This is my opinion but an opinion based on reasonable conclusions baked up by factual data. What Officer Miller wrote down after his drunken attempt at blue law enforcement was hardly factual. I understand he felt vengeful but he fudged the facts. Now those “facts” are being used to ruin lives. This is unacceptable. Plain and simple.

    Also, I am not that young, but thanks. Very flattering.

  12. William P Miller

    Gee Peter, excuse me for assuming a guy with a New Joisey/New Yawk sounding last name is new to the area. Especially with your sentiments. Your assumption that officer Miller was drunk is not only ignorant, but libelous. Is this your real name? ALE just may take away your right to swill beer in public for a while. -:)

  13. “ALE just may take away your right to swill beer in public for a while.”

    I’m sure you mean “violate your right to . . .”

  14. Sylva

    “I predict the perps will be found guilty.”

    Really? You think a corrupt system will not rule against itself? Goodness, what a radical thought.

    I wonder what willim thinks of the entrapping techniques employed in Sylva recently? Methinks Matt Mattan is more on point with his analysis of this stinky situation than Slick Willy P. Miller with his knee-jerk psuedo-conservative posturing.

    What is going on with ALE these days? Why do they still exist? Do they need to exist? Why all the recent shakedowns?

  15. Peter Lorenz

    Gee will.
    Miller himself said he had been drinking. What I am up to is slander at worst. However, due to the fact that he was in fact drinking, I doubt much will come of my stating it here. That isn’t ignorant, it is informed. Give it a try some time.
    Do you honestly think the ALE can somehow take away my right to drink alcohol? Barring your senseless diatribes regarding birthplaces and armchairs, that may be the most confounding thing you’ve typed.
    I am certain the ALE has my name and information. They have recently entered my home in the middle of the night, flash lights and all. The ALE will try to intimidate people, as many law enforcement agents do. But they will never have the ability to take away your right to drink when your not abusing the substance. Which I don’t.

    In related news:
    Did anyone see the elderly man who said was was attacked by Miller on the news the other night? He looked to be about 70.

  16. William P Miller

    Silvia, you declare that the system is corrupt. Any proof? Or are you just prejudiced toward law enforcement because you are a gen x’er psuedo-anarchist? The police report is the gold standard for the moment. APD is a professional organization. Period. Speculate all you want, but you will just end up eating porcupine pie again like when you didn’t believe me that the ABC would uphold a suspension of Bier Garden’s alcohol license.

    Peter, I don ‘t believe for a moment that you are local. Your entire attitude screams yankee transplant. And besides, Italian last names are very unusual here. They are plentiful in Joisey and Nu Yawk. Ain’tcha lonesome for Da City Guido? -:)

  17. Peter Lorenz

    The last name is traditionally German not Italian. Though it was originally Ancient Roman (Man of Laurentum). It is also the name of a German Pop signer. But as I’m concerned it was my father’s name. He was from the Raleigh area. Generally speaking, I don’t miss “Nu Yawk”.
    You calling Silvia, or anyone else for that matter, “prejudiced” rather hypocritical don’t you think?
    What is your strange obsession with my name, attitude and origin? And more importantly how do your completely unreasonalbe, unralatable and untterly idiotic comments make it past the moderator?
    “Please keep your comments relevant to blog entry.”

    The one two-word sentence you managed to type without your typical puzzling dissents into madness is slightly reasonable. So here: you had asked for proof:

    http://www.citizen-times.com/apps/pbcs.dll/article?AID=/20080515/NEWS01/80515019
    Proof of corruption…

    http://www.mountainx.com/news/2007/flagged_down_activists_arrested_in_row_over_protest_flag_allege_abuse_by_bu
    more proof of corruption…

    http://www.wlos.com/shared/newsroom/top_stories/mywx_vid_855.shtml
    and some more.

    http://www.mountainx.com/news/2007/hot_dog_king_owner_says_he_paid_medford_deputies_1000_a_month/
    hey… more!

    That search was just 3 minutes on Google. Thats just local news. More is in the microfiche. That is your “Gold Standard”. The mafia is a professional organization too. That doesn’t mean they don’t commit crimes.

  18. excuse me

    But Guido is a BLATANT racial slur! How did this comment get past moderators and furthermore how is Miller still allowed to post comments on this site?

  19. Peter Lorenz

    Yeah I decided to try and ignore that one. Racism isn’t good, not even in the South.

  20. cwaster

    I’d say that is a blatant racial slur as well as baiting. Not Good. He should not be allowed to post anymore.

  21. William P Miller

    Peter, no offense meant. Apologies if you got your feelings hurt. As far as your charge of corruption, you are WAY off base. Just conjecture without p[roof. Simple. Period. The APD report is the gold standard for now. No cop is going to tell a lie in a report such as this (especially since a fellow APD officer was not involved). Why? Because he could lose his job. I have police experience and am telling it like it is.

    excuse me, Guido is no more an insult than ‘redneck’, a term thrown around all the time by NE yankee transplants. I have a good friend named Guido, and like the name, actually. -:)

  22. “The APD report is the gold standard for now. No cop is going to tell a lie in a report such as this (especially since a fellow APD officer was not involved). Why? Because he could lose his job.”

    I know a cop who told a lie in “a report such as this.” He lost his job.

  23. Peter Lorenz

    APD, ALE, they are just people. William may be giving to much credit to Miller’s supposedly unquestionable honesty. He isn’t Robocop. He can lie just like anyone else. His job would certainly be at stake if he told the truth, that he pushed his way into the bar and then started a fist fight without professionally identifying himself. Fabricating a modified story that makes him a hero may get him out of it.
    I think he is combative, corrupt and dishonest. That will be easy to prove, given his history.

  24. Geoff

    I’m Peter’s brother. Lorenz came from our German grandfather, though there are many variations of the name (Lawrence, Lorenzo, Lorentz, etc.). Pete was born in Mission, as was I. He’s lived in Asheville his entire life. Of course, I don’t see how any of that is relevant to the discussion.

    Also, for the record, Pete’s assertion that Miller was drunk does not even approach the legal threshold for libel or slander.

    Also, the premise that Police and Commission reports are infallible is patently absurd. It’s true that the Courts will treat their contents as fact, but only absent evidence to the contrary (which appears to be ample in this case). As far as our legal system is concerned, that APD Report is evidence and will be scrutinized along with testimony from Mr. Knight, Mr. Plemmons and Mr. Miller.

  25. stephen lorenz

    I am also Peter’s brother and roommate of Malcolm Knighten.

    Mr. Miller, I am actually offended that you think you know more about Peter’s origins than he does. How our last name ever became a topic of discussion here is beyond me but since it is I will add a few interesting points (and to do so I will use the all knowing wikipedia.
    Here is the result of simply typing in “Lorenz”.”
    http://en.wikipedia.org/wiki/Lorenz

    wow, look at that. A German musician, a German tenor,a German cryptography machine,a German priest, a radio navigation system developed by Germany during WW2, and even a church and basilica in Germany. Not surprisingly theres a few Austrian links too.Sure does seem to bee a lack of Italian topics related to the name Lorenz though.

    And yes, I was born in Mission too and have lived in Asheville for all my life.

    As for the ALE being corrupt, I believe there is some truth to that. When Malcolm was arrested the second time they came to our apartment at roughly midnight. I answered the door and they said we are here “talk” to one Mr. Knighten. So I think “talk” sounds harmless enough, if they were here to arrest him then they’d certainly need to show me a warrant or something. Malcolm was sitting on the couch and called him over. They then walked right past me, entered the apartment without permission, without showing a warrant, and without showing any I.D. Took Malcolm out into the hallway, handcuffed him, and then brought him back in to get some footwear. The whole time they are flashing their flashlights at the other occupants of the apartment and the area, searching for what? Bar stools perhaps. They failed to read him is rights or tell him what he was being arrested for. I mean, I’m not even a police officer (then again, they didn’t seem like one either) and I know you are required to read someone their rights.

    Where is the professionalism? I called several local law enforcement agencies and what the two arresting ALE officers did was a violation of rights (obviously).

  26. travelah

    shucks, I’m peters brother too and I know he was not born anywhere near where his other brothers think he was born ….

  27. Peter Lorenz

    Wow. I’ve got family.
    Travelah: Thats confusing. Nice bait.

  28. travelah

    Well, Peter, it looked like you had more kin crawling out of the hills than a McCoy.

  29. William P Miller

    German? Lorenz name. God bless you all. We have a few Germans here abouts. In fact, my original Southern relative was a Gerrman from Pennsylvania who immigrated here in the 1750s. He fought at King’s Mountain and lost a leg. My family tree was quite whittled down from the German blood. By Scots and English. God bless true Southern families. We have been blessed with the sweetest culture in America.

  30. Stephen Lorenz

    Actually Travelah we mostly live in tree houses made out of waffles, not hills.

    Mr. Miller – I am not sure what you are saying.

  31. I have police experience and am telling it like it is. – William P. Miller

    William are you referring to your time as a “candy striper” with the LAPD that you used to refer to when you where known as “Num Vet”?
    If that is the case then I do not think that polishing officer’s shoes give you enough experience to tell anybody like it is.

  32. William P Miller

    JMAC, I am talking about the Buncombe County Sheriff’s Dept. Say, tell us what you are getting for a good shoe shine these days. My jack boots could use a good spit shine. -:)

  33. William P Miller

    Mr Lorenzo, yes we do here. Buyt back up north where you are from, don’t you have others shine them for you? I heard Nu Joisey and Nu Yawk are full of shoeshine boy stands. Hey, love the South, boy, we do it right here!

  34. Stephen Lorenz

    Well Billy, once again, I am from Asheville. Plus, i don’t need my shoes shined, I am a cook.

    Here in Asheville (like the rest of the country) the law is innocent until proven guilty. Every place does it the same way. North, South, East, West, doesn’t matter. Innocent until proven guilty. unfortunately “officer” Miller is also innocent of assault charges until he is proven guilty.

  35. Peter Lorenz

    Will, you must be living in some kind of time warp back to the antebellum. Your weird stereotypes are no longer applicable in the place you claim to reside.
    The only functional shoe shine I know of happens to be at the Grove Park, down the street. The only place I’ve ever been offered a shine was in New Orleans.
    You should consider working through your idiotic regional prejudice. It is making us all look bad. People like yourself are why reasonable southerners have unfairly been stereotyped as hicks.
    Also, quit trolling.

  36. Stephen Lorenz

    The above post took the words right out of my mouth….or right off my keyboard…..whatever….but that is what I was thinking.

  37. O Mr. Miller

    That is just uncalled for. How your posts make it past the moderators is beyond me.

  38. William P Miller

    Peter, yankee customs stay the same. Not my invention. God bless Dixieland. A superior culture to that of our northern neighbors.

  39. Peter Lorenz

    Oh man. Honestly, I have no idea what to say here. At this point, I have to assume you’ve been kidding this whole time. Are you some kind of undercover absurdest? “A superior culture to that of our northern neighbors” Wow.
    I mean “God bless Dixieland”. Indeed. We may need devine intervention here.
    double-yew tee eff.

  40. stephen lorenz

    Mr. Miller is making me feel ashamed that I am a southerner. I didn’t realize we were so obnoxious and arrogant.

  41. William P Miller

    Mr Lorenzo, if you are a Southerner, north is south and east is west. You should be ashamed. Ashamed that you carry your northeastern cultural prejudices here to infect the South. Hey love Asheville..or go back home. -:)

  42. stephen lorenz

    Willy P. Millero, Whats with the smiley face? is that suppose to make that rude statement seem friendly? Cause it doesn’t.
    I do love Asheville, its like a miniature melting pot. Weird is normal. Its a very liberal southern town (as much as one can be anyway), which is something uncommon.
    And once again, I am a southerner. But the U.S. is A nation, not two. North is the United States, south is the United States, East is the United States, and West is the United States. This isn’t the 1860s.

  43. William P Miller

    This may not be the 1860s Mr lorenzo, but there are distinct cultural differences around the country. The midwest and South both share many values. The northeast, and Chicago, represent something completely “else”. And I wouldn’t label yourself as obnoxious if I were you. Just wrong on many things. -:) (The smiley face indicates humor)

  44. D.D.

    Seems to me that you fellas are missing the point. Which is the Beir Garden incident and how it was handled. Grow up and stop bickering!

  45. stephen lorenz

    D.D., we got off that point awhile ago….about the time that Mr. Miller started throwing racial slurs around and attacking us personally.

    Read Mr. Miller’s posts and tell me how you can retain any amount of sanity after subjecting yourself to those words.

  46. William P Miller

    And which Mr Miller are you referring to Mr Lorenzo? Me or the arresting officer? It is a common ploy of northerners to mix race with their criticism of Southerners. If this is the case here, this is another point that you are not local.

    Bottom libne, there was a violation of the alcohol laws and an ALE officer attempted to write a ticket. According to the police report, 2 of the perps attacked him and tried to prevent the ticketing. The 2 employees were subsequently arrested by the APD and incarcerated. Nuf said til the triasl comes up.

  47. stephen lorenz

    What in the world are you talking about?
    You called my brother a “quido.” That is a racial slur. You began the inclusion of race into this subject so therefore, according to your own words, you are a northerner, or a.k.a. yankee transplant. It all makes sense now.

    And I refer to you as Mr. Miller, the ALE Miller is referred to as “officer” Miller, emphasis on the quotation marks.

  48. Peter Lorenz

    What the police report states is Miller was “attacked” as he was “attempting to do his job” at the bar, what that means is undefined. He wrote tickets after the arrests occurred. At the time of the “attack” his tickets where in his car along with his radio, not on his person. This means that one thing he couldn’t be doing at the bar was issuing tickets, he had none to write on. Witnesses do agree he was intimidating the three present staff as well as yelling and being unprofessional before the manager arrived.
    It is a common ploy of yours to divert the direction of debate away from logical argument and facts. Instead you insert things you made up, absurd racist remarks, intolerance and logical fallacy. You have done this time and time again. A non-sequitur , rather than making reasonable debate you choose to insult people. Or you call them “Northern”, “Italian” or something else, which isn’t really insulting, but is off-topic, speculative and incorrect.
    Miller is certain he is correct though he has no reason to. His default “because Officer Miller said so” and “Miller said Miller didn’t do anything wrong” arguments don’t swing with me, nor should it for any reasonable American. Miller’s constant “Your wrong because your a yankee” is reflective of his intolerance for the opinions and lifestyles of his fellow man.
    Truly, any debate with him goes nowhere. Moot.

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