Driver in Park Tavern crash pleads guilty to two counts of murder, faces up to 30 years in prison

Six days before his trial was set to begin for a drunken-driving crash into the Park Tavern patio that killed two people and injured a dozen more, Steven Frane Bailey pleaded guilty Wednesday to five felonies, including two counts of third-degree murder.

At a Hennepin County District Court hearing, Bailey, 56, agreed to a plea deal that will bring him up to 30 years in prison. He accepted responsibility for the murder of Kristina Folkerts and Gabriel Harvey and also pleaded guilty to three counts of felony criminal vehicular operation causing great bodily harm for the Sept. 1 crash.

Senior Assistant Hennepin County Attorney Krista White said the plea agreement asks that Bailey serve between 25 and 30 years in prison. White said the state will seek the full 30 years.

Judge Juan Hoyos asked Bailey if he was of clear mind in making his decisions; Bailey said he was and then pleaded guilty to the five felonies.

Bailey’s attorney, Thomas Sieben, asked Bailey a series of questions and Bailey made several admissions.

He told the court he was drinking vodka at home before driving to the Park Tavern. He couldn’t remember how much he drank. When he got to the parking lot, he attempted to park and struck two vehicles. He knew that police could be called and that he was driving drunk. He tried to flee the parking lot, accelerating at 40 miles per hour through a metal fence, through the patio and into several boulders on the other side.

“You hit tables on the patio?” Sieben asked.

“Correct,” Bailey said.

“You hit chairs?”

“Correct,” Bailey said.

“And you hit people?”

“Correct,” Bailey said.

Sieben asked Bailey if he knew his behavior was imminently dangerous to others and “evinced a depraved mind without regard for human life.”

Bailey said that, too, was correct.

That admission was the necessary element for a guilty plea to third-degree murder. Bailey then admitted to the injuries and sustained trauma he caused other victims on the patio.

Hennepin County Attorney Mary Moriarty said in a news conference after the hearing that surveillance videos from the Park Tavern parking lot belied the notion that Bailey’s crime was simply an inebriated person hitting the gas pedal instead of the brakes. It led directly to the third-degree murder charges.

“It was one of the most horrific videos I’ve ever seen,” she said.

“We are not always able to pursue third-degree murder charges when people cause death using their vehicle,” Moriarty added, “but in this case the facts clearly supported it.”

Bailey had five previous drunken-driving convictions and his blood alcohol content after the crash was 0.335, more than four times the legal limit.

Moriarty said that even if Bailey is an alcoholic, his crime stemmed from a series of choices.

“It is a disease, addiction,” she said. “But if you know you have a tendency to want to drive, then figure that out. Take a rideshare. Get rid of your car. But also, to family members, friends, loved ones: If you know someone has an addiction to alcohol — or you see they’re under the influence — make sure they don’t drive.”

She said that while Bailey’s plea deal will end in a lengthy prison sentence, nothing can bring back the victims of his decision.

Folkerts, a mother of three daughters whose own mother had worked at the beloved restaurant, was working as a server over Labor Day weekend. She was a photographer and lover of live music, described by her family as a free spirit. Moriarty said Folkerts loved her daughters “immensely.”

Harvey, a health unit coordinator at Methodist Hospital who was set to finish nursing school, was sitting outside celebrating a co-worker who was departing. Harvey and his partner, Denzel Flowers, had recently become homeowners. Moriarty said Harvey’s family described him as hilarious and incredibly positive. Co-workers said he would often skip down the hall.

The Hennepin County Attorney’s Office amended the criminal complaint against Bailey in recent days. It added charges and details of the lasting injuries to several other victims. It also acknowledged three more people were hurt than previously reported.

Tegan D’Albani, a nurse at Methodist, has had several surgeries for broken legs, a broken pelvis, broken ribs and dislocated knees. She has been unable to resume daily tasks. Laura Knutsen, also a nurse at Methodist, was unable to walk for several months after the crash. She was left with 11 fractured ribs, fractures to several vertebrae, her clavicle and her pelvis, and a liver laceration. Theo Larson, an ICU nurse, was diagnosed with a traumatic brain injury, suffered facial fractures and lost all memory of the night of the crash. He has been unable to return to work.

Victims of the crash and family members of Folkerts and Harvey sat in the courtroom across the aisle from Bailey’s family. Both sides have attended as the case moved through the courts for the past eight months.

While Bailey had previous drunken-driving convictions, it had been nine years since his most recent conviction. He had a valid Minnesota driver’s license when the crash occurred. He admitted in court that he ignored any education on drunken driving he received from the state after those convictions.

He has been out on bail for several months. He attended residential treatment for alcoholism and was released to electronic home monitoring. He returned home after Wednesday’s hearing to await sentencing on July 28.

Hoyos will decide then how much time Bailey will serve in prison.

St. Louis Park Mayor Nadia Mohamed said at the news conference with Moriarty that the crash has left a “permanent scar” on her community. The victims at the scene and their families, the first responders and the staff of Park Tavern will never forget that night.

Mohamed said if there is anything positive to be taken from that day, it is in a legislative push at the State Capitol to ensure such a thing “never happens in our state again.”

Last week, the Minnesota House passed more stringent DWI laws for repeat offenders. The bill, sponsored by Rep. Larry Kraft, DFL-St. Louis Park, passed 123-5. The Senate voted on the bill shortly after Bailey’s plea hearing Wednesday. It passed 67-0.

Mohamed said she’s looking forward to being in attendance when Gov. Tim Walz signs the bill into law.