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California Statewide Law Enforcement Association

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CABCA

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Posted on September 11, 2024

A California ABC and NCSO investigation

โ€œThis investigation highlights some of the undercover work that ABC agents conduct in order to keep the public safe, particularly in and around ABC licensed establishments. Undercover work puts the personal safety of agents and their law enforcement partners at risk.ย  We are grateful no one was hurt during this investigation, the service of warrants and the arrest.โ€

โ€“CSLEA President Alan Barcelona

NEVADA COUNTY  โ€“  On September 10, 2024, the Nevada County Sheriffโ€™s Office announced that Evan Richard Gibbins, 39, of North San Juan, was arrested on September 6th following a year-long investigation by California Alcoholic Beverage Control agents and the Nevada County Sheriffโ€™s Office (NCSO) with assistance from the Nevada County District Attorney’s Office.

In Aug. 2023, NCSO deputies and ABC agents visited Brass Rail Tavern in North San Juan to conduct an Informed Merchants Preventing Alcohol-Related Crime Tendencies (IMPACT) inspection, which is a routine check to ensure compliancy with ABC requirements to operate a business with a liquor license or beer and wine license. During that check, NCSO deputies and ABC agents spoke to bar staff present about several evident violations.

โ€œTypically, when the Sheriffโ€™s Office and ABC conduct an IMPACT inspection, itโ€™s an opportunity to educate business owners on ABC licensee requirements, ensure they have required signage visible, and so forth,โ€ explained NCSO Sergeant Andrew Liller. โ€œIn the case of Brass Rail, there were enough violations present to prompt an undercover investigation into the barโ€™s operations.โ€

Over the last year, agents from ABCโ€™s Northern Special Operation unit have kept a close watch on Brass Rail Tavern. On three separate occasions, Gibbins allegedly sold psilocybin mushrooms (hallucinogens) to undercover ABC agents patronizing the bar while he worked as a bartender.

As a result of these encounters, NCSO obtained both a Ramey arrest warrant and search warrant. On September 5, NCSO deputies, ABC agents and DA investigators returned to Brass Rail Tavern and apprehended Gibbins as he was arriving at the bar. A search of his vehicle uncovered psilocybin mushrooms, and a search of the bar uncovered cannabis in various parts of the bar, in violation of ABC licensee rules.

โ€œOur agents routinely work undercover to investigate violations of the law, including illegal drug sales, to keep the public safe,โ€ said ABC Director Joseph McCullough. โ€œABC licensees are responsible for the actions of their employees, which could result in potential disciplinary action against their alcohol license.โ€

Gibbins was subsequently arrested for possessing a controlled substance with intent to sell (11351 HS) and formally booked into Wayne Brown Correctional Facility in the early morning hours of Sept. 6 on a $105,000 bond.

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