Restaurateur who tweeted about sting welcomes trial

[jnelsoninjax]

Did a tweet ruin a sting operation?

Six jurors will decide whether a tweet sent by a northwest Omaha restaurant owner impeded the Nebraska State Patrol from conducting alcohol compliance checks.

John Horvatinovich, who owns Salt 88 at 3623 N. 129th St., has pleaded not guilty to a misdemeanor charge of obstructing a government operation. If convicted, he faces a maximum of one year in jail and a $1,000 fine.

Assistant City Prosecutor Makayla Maclin said in her opening statement Monday that on Aug.13, Horvatinovich tweeted photos showing the faces of two teens with the comment: “Omaha restaurant peeps: These two are trying to ruin your night w/sting operations in town.”

The tweet, which contained photos from the restaurant’s surveillance video, has since been deleted.

“(The teens) couldn’t perform any more compliance checks as a result of the tweet,” Maclin said.

Defense attorney Carolyn Wilson said the tweet didn’t rise to a violation of law.

“It is not unlawful to take a picture of someone and post it online, if they’re in a public place,” she said.

Three State Patrol troopers and one of the teens testified Monday afternoon. Jurors will continue to hear the case this morning.

Aug. 13 was Jacob Alberico’s first time working as an undercover teen sent to check whether businesses sell alcohol to minors.

His cousin, an investigator with the State Patrol, recruited him. The 17-year-old teen with Alberico is a daughter of another trooper.

The teens were paid $50 for their time, regardless of the result of the operation.

The compliance checks have been conducted since 1997 with various law enforcement agencies and Project Extra Mile, an organization that works to prevent underage drinking.

Alberico, 17, and the girl had visited Salt 88, one of about 30 restaurants, bars and stores on the list to check that night.

Two troopers in plain clothes drove the teens in an unmarked vehicle to the businesses and stayed nearby in case things went awry, testified Christopher Kober, a State Patrol investigator.

The teens sat at Salt 88’s bar and ordered two Bud Lights, Alberico testified. The bartender asked for identification and the teens, trained on what to do, presented their real driver’s licenses. The bartender refused service and the teens left, Alberico testified.

Partway through the sting that night, Alberico was told that a photo showing his face was circulating on the Internet — posted from the Salt 88 restaurant account.

Alberico, who has his own Twitter account, found the tweet — and a photo of him.

“(I felt) a little nervous,” Alberico testified. “You can definitely tell it’s me. I didn’t know how people would react to that or how this could affect me.”

Former State Patrol Sgt. Robert Elliott, who oversaw the various teams, learned of the tweet that night and told the team to return to the State Patrol office.

Elliott testified that he felt the teens could not continue to work undercover because their faces were revealed.

“(If) there’s one drunk patron at the next business ... and they see their face, now we’ve got a confrontation and the kid could be assaulted,” Elliott testified.

Wilson asked whether Elliott reassigned the teens to other teams or purchased new clothes in order to disguise the teens.

No, Elliott said.

Maclin later pressed, asking why not.

“It’s a facial photo, their features were very distinct,” Elliott said. “I wasn’t comfortable taking that liability ... we just needed to get them off the streets and get them safe.”

Trooper Cynthia Alberico, Jacob Alberico’s cousin, recruited the teens and officers for the compliance check that night.

A few days later, she watched a KMTV news report that featured the tweet and an interview with Horvatinovich.

She went to the restaurant to interview Horvatinovich, who agreed to talk after he was read his rights.

Jurors will hear sections of Cynthia Alberico’s interview with Horvatinovich today.

Cynthia Alberico testified that she called the teens’ parents to notify them of the tweet and what happened.

The teens are often called cooperating individuals, or CIs for short.

“I have never had my CIs’ identity compromised before,” Trooper Alberico testified. “I felt that it was a safety issue for them. I care about my CIs, and it’s my job to protect them.”

On Monday morning before the trial began, Horvatinovich told a reporter that he wanted the case to go to trial.

“This was about principle, absolutely,’’ he said. “My wife usually says, ‘Oh, John, just let it go.’ This time she said fight it because it’s time for restaurant owners to stand up for themselves.”

The Salt 88 Twitter account had continued to comment on the upcoming trial.

On Sunday night, the account posted a cartoon doodle of a personified salt cube behind bars with the words “Free Salt.”

Horvatinovich is not being held in jail.

Another tweet Sunday alluded to the idea that the charge was over the top.

“If we made a Super Bowl commercial we would have been charged by (the city prosecutor)...he’s salty. #TrialoftheCentury #Overreach”

source

[timster]

12 minutes ago, jnelsoninjax said:

The teens are often called cooperating individuals, or CIs for short.

 

 

or police informants, or snitches, or rats ......

 

Don't do a police officers job for them.

[FunkyMike]

2 hours ago, timster said:

or police informants, or snitches, or rats ......

 

Don't do a police officers job for them.

 

2 hours ago, jnelsoninjax said:

The teens were paid $50 for their time, regardless of the result of the operation.

Cheap ones at that.