The Texas Alcoholic Beverage Commission has accused a bartender of overserving a driver suspected of striking and killing a pedestrian in a fatal accident last month.

Thirty-one-year-old Rafael Medina was arrested on Tuesday and booked for selling alcohol to an intoxicated individual.

He was taken to the Travis County Jail and subsequently released on bond.

Medina was on the job at Polvo’s Mexican Restaurant on Nueces Street on the night the TABC believes he sold alcohol to 24-year-old Paul Joseph Garcia.

Garcia was accused of intoxication manslaughter and failure to stop and render aid after he struck a pedestrian who was pushing a shopping cart.

The impact caused the victim to become lodged in the passenger section of the vehicle and police said Garcia continued driving for at least half a mile before stopping.

He got out of the vehicle and went to South Austin Beer Garden on foot. He was covered in blood and staff called the police.

Bentley Nettles, the Executive Director of the TABC, called the case an extremely tragic one. He said the crash could have been prevented. He said both Garcia and the bartender who served him while he was intoxicated must be held accountable.

Nettles added that alcohol retailers and their workers had to understand their role in stopping DWI fatalities before they happen.

Selling alcoholic beverages to an intoxicated individual is a misdemeanor. If Rafael Medina is found guilty, he could face a fine of up to $500 and a maximum of one year in jail.

Businesses that sell alcohol to an intoxicated person also face fines or suspension of their liquor license.

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