ST. LOUIS PARK, Minn. — Editor's note: The video above first aired on Sept. 4, 2024.
The Hennepin County Attorney's Office announced additional charges against the driver involved in a crash that killed two people and injured several others on the patio of a popular restaurant.
According to a press release from County Attorney Mary Moriarty's Office Monday, Steven Bailey now faces two counts of third-degree murder in addition to two counts of criminal vehicular homicide. Moriarty's office said the new charges come after prosecutors reviewed additional evidence in the deaths of Kristina Folkerts and Gabe Harvey.
In the days following the crash and Bailey's initial charges, the attorney's office said it reviewed surveillance video from Park Tavern that supports third-degree murder. The attorney's office defines those charges as a person who caused death “by perpetrating an act eminently dangerous to others and evincing a depraved mind, without regard for human life.”
In a press conference last week, Moriarty stated Bailey's blood-alcohol level was more than four times the legal limit to drive in Minnesota when the crash occurred. The video allegedly shows Bailey trying to pull into a parking space before hitting at least two vehicles in the parking lot and then accelerating at a high rate of speed into a metal fence and subsequently, the patio's seating area.
Monday's statement said that after reviewing the footage, Bailey would have had a "clear view of the patio, tables, umbrellas, and numerous individuals seated outside" throughout the incident.
The statement said the office has asked Park Tavern not to release the video publicly, instead asking that victims and their families be able to view the footage "privately, with support, in the time and manner they choose."
The two victims who did not survive their injuries were identified as Folkerts, a server at Park Tavern, and Harvey, a health unit coordinator at Methodist Hospital. Moriarty said several of those injured, including an additional number of Methodist employees, are still "struggling with severe injuries."
Court records obtained by KARE 11 show Bailey has been convicted of at least five previous drunk driving offenses in his lifetime.