Spiros under review, closure possible

AUSTIN (KXAN) - With the formal nuisance-abatement process started Friday, the Downtown Austin nightclub Spiros could face closure if a judge decides that it contributes to public-safety and quality-of-life problems to the city.

After two men sprayed gunfire into a crowd and shot eight people just outside the nightclub at 611 Red River St. early Friday, the Travis County District Attorney's Office said it wants to proceed with the nuisance-abatement process.

The office said while this incident did not spark the opening of the investigation, it is being taken into acount.

"Based on the totality of this club's track record and with what happened last night, we are proceeding, working hand in hand with APD's nuisance-abatement team to progress this," said David Laibovitz, assistant district attorney with Travis County.

Laibovitz said the district attorney's office will work with Spiros and their attorneys but will go to court if necessary. The club has been looked at in the past, and Laibovitz said they spoke with Austin police detectives about the property just a year ago.

The Austin Police Department has responded to Spiros more than 170 times in the last year, and Friday's early-morning shooting highlighted the questionable activity surrounding the nightclub, officials said.

Police said the shooting critically injured one and sent six people to the hospital. And while the shooting undoubtedly took many by surprise, police said violence is not new to the area.

"Since 2008, we have responded to this address 172 times," said Antonia Singletary with APD.

APD records show there have been 115 thefts and 47 burglaries within 500 feet of the nightclub since late November 2007. There have also been 25 aggravated assaults, seven assaults on a peace officer and 95 instances of possession controlled substances, dangerous drugs and marijuana.

Laibovitz said Friday morning's assault incident would be a criminal offense listed under the Texas Civil Practice and Remedies Code that, with enough occurrences, could designate Spiros a common nuisance. Both misdemeanors and felonies fall under the offenses listed as common nuisances.

The Downtown Austin Alliance said Friday morning's shooting outside Spiros is disturbing.

"Frankly, any incident of crime of any kind, whether it's violent, is of concern," said Lacy LaBorde, Downtown Austin Alliance marketing communications manager. "I'm happy that we live in a city where something like this is so rare."

LaBorde said the organization works with 6ixth Street Austin to make sure Downtown Austin is clean and safe, adding that the Downtown Austin Alliance has full faith in APD to make sure downtown is as safe as it can be.

"It's very important for all of downtown, for people that work and live downtown that want to continue to keep this a safe place," said Laibovitz.

Laibovitz said formal notice letters will be sent to Spiros' landlord and his attorney early next week, and they will meet as soon as possible to discuss what has been going on at the nightclub.

The district attorney's office has five active nuisance-abatement lawsuits pending across the city of Austin.

 

Source: APD graphic by Blair Shiff

The following is the breakdown of APD crime statistics within 500 feet of Spiros from Nov. 28, 2007 until Friday:  

 

• 1 ACCIDENTAL INJURY
• 1 AGG ASLT W/MOTOR VEH FAM/DAT V
• 22 AGG ASSAULT
• 2 AGG ASSAULT FAM/DATE VIOLENCE
• 2 AGG ROBBERY/DEADLY WEAPON
• 93 ALCOHOL CONSUMPTION VIOLATION
• 10 AMPLIFIED MUSIC/VEHICLE
• 4 ASLT BY CONTACT FAM/DATING VIO
• 23 ASSAULT BY CONTACT
• 9 ASSAULT BY THREAT
• 7 ASSAULT ON PEACE OFFICER
• 7 ASSAULT W/INJURY-FAM/DATE VIOL
• 48 ASSAULT WITH INJURY
• 3 ASSIST COMPLAINANT
• 1 ASSIST OTHER POLICE AGENCY
• 9 AUTO THEFT
• 1 AUTO-BICYCLE CRASH/COLLISION
• 12 BURGLARY NON RESIDENCE
• 35 BURGLARY OF VEH
• 3 CHECK WELFARE
• 2 CRASH/ACCIDENT
• 2 CRASH/ACCIDENT/CITY VEHICLE
• 2 CRED CARD ABUSE BY FORGERY
• 4 CRED CARD ABUSE/OTHER
• 26 CRIMINAL MISCHIEF
• 38 CRIMINAL TRESPASS
• 43 CRIMINAL TRESPASS/TRANSIENT
• 4 CURFEW VIOLATION
• 20 CUSTODY ARREST TRAFFIC WARR
• 1 DEATH DUE TO NATURAL CAUSES
• 2 DEBIT CARD ABUSE
• 13 DEL CONTROLLED SUB/NARCOTIC
• 1 DEL CONTROLLED SUB/OTHER
• 2 DEL CONTROLLED SUB/SYN NARC
• 1 DEL MARIJUANA
• 22 DISTURBANCE/OTHER
• 1 DOC ABUSIVE LANGUAGE
• 1 DOC EXPOSURE
• 23 DOC FIGHTING
• 1 DOC UNREASONABLE NOISE
• 40 DWI
• 1 DWI / CHILD PASSENGER
• 1 DWI / FELONY
• 3 DWI 2ND
• 2 DWL SUSPENDED MANDATORY
• 3 EVADING / FOOT
• 2 EVADING VEHICLE
• 1 EXPLOSIVE ORDINANCE DISPOSAL
• 2 FAIL TO STOP AND RENDER AID
• 11 FAILURE TO IDENTIFY
• 2 FAILURE TO REG AS SEX OFFENDER
• 7 FAMILY DISTURBANCE
• 1 FELONY ENHANCEMENT/ASSLT W/INJ
• 3 FOUND CONTROLLED SUB
• 17 FOUND PROP
• 2 FRAUD/OTHER
• 2 GLASS CONTAINER VIOLATION
• 11 GRAFFITI
• 8 HARASSMENT
• 2 IMPERSONATING PUBLIC SERVANT
• 4 INTERFER PUBLIC DUTIES
• 1 INTERFER W/PO SERVICE ANIMALS
• 30 LEAVING THE SCENE CRASH/ACCIDE
• 1 LIQ LAW VIOLATION/OTHER
• 17 LITTERING
• 34 LOST PROP
• 4 MANF CONTROLLED SUB/OTHER
• 1 NOISE ORDINANCE VIOL / CLUB
• 2 NUISANCE ABATEMENT
• 3 PARKING VIOLATION
• 3 PAROLE VIOL
• 72 PEDESTRIAN ON ROADWAY
• 68 POSS CONTROLLED SUB/NARCOTIC
• 3 POSS CONTROLLED SUB/OTHER
• 2 POSS CONTROLLED SUB/SYN NARC
• 3 POSS DANG DRUG
• 19 POSS MARIJUANA
• 7 POSS OF ALCOHOL - AGE 17 TO 20
• 1 POSS OF ALCOHOL-AGE 16 & UNDER
• 150 POSS OF DRUG PARAPHERNALIA
• 1 POSS OF PROHIBITED WEAPON
• 1 PROSTITUTION
• 124 PUBLIC INTOXICATION
• 1 RAPE
• 3 REQUEST TO LOCATE
• 2 RESISTING ARREST OR SEARCH
• 1 RETALIATION
• 11 ROBBERY BY ASSAULT
• 3 SEXUAL ASSAULT
• 2 SHOPLIFTING
• 19 SOLICITATION PROHIBIT CITY ORD
• 1 STALKING
• 3 SUSPICIOUS PERSON
• 1 TAKE WEAPON FRM POLICE OFFICER
• 5 TAMPERING WITH EVIDENCE
• 7 TERRORISTIC THREAT
• 1 TERRORISTIC THREAT-FAM/DAT VIO
• 83 THEFT
• 8 THEFT FROM PERSON
• 14 THEFT OF BICYCLE
• 1 THEFT OF SERVICE
• 1 TOBACCO VIOL - AGE 17
• 2 TOBACCO VIOL - UNDER AGE 17
• 1 TRAFFIC HAZARD/DEBRIS
• 1 UCW
• 81 UIPP
• 3 UNAUTHORIZED USE OF VEH
• 77 VIOL OF CAMPING ORDINANCE
• 1 VIOL OF EMERG PROTECTIVE ORDER
• 9 VIOL OF PARK CURFEW
• 1 VIOL OF PROTECTIVE ORDER
• 17 VIOL STATE LAW/OTHER
• 97 VOCO SIT/LIE/RIDE DTA WALKWAY
• 286 VOCO VIOL/OTHER
• 81 WARR ARREST NON TRAFFIC
• 1 WEAPON VIOL/OTHER
• 1 WRECKER ORDINANCE VIOL