Section
Pepperdine Links
Online Publications
The Ralphs saga continues for the two under age Pepperdine students who purchased alcohol with false identifications from Ralphs most recognizable employees, Harry McDermott and Nancy Cicatelli.
Jonathan Rivas, 19, and Dwight Burks, 20, walked into the Malibu Ralphs market Nov. 23 to purchase alcohol and walked out facing charges for purchasing liquor as minors, possession/use of false evidence of age and forging an official seal. McDermott and Cicatelli, the two cashiers who sold the minors alcohol, were terminated.
Since the Nov. 23 incident, the Malibu District Attorney decided not to file criminal charges against McDermott and Cicatelli, but did file charges against both students.
Rivas and Burks were convicted of purchasing liquor, possessing/using false evidence of age, possessing alcoholic beverages as minors and forging an official seal. Burks was sentenced to a summary probation for a period of 36 months and ordered to pay a fine of $100 plus a state penalty fund assessment of $170, a $35 installment and accounts receivable fee and a restitution fine in the amount of $100 for a total of $405.
He is also required to perform 50 hours of community service and file proof of completion, attend at least five alcoholics anonymous or other addiction meetings, not commit any criminal offense, stay away from Ralphs market, obey all laws and orders of the court and provide the clerk with a present address at all times. In return, the court agreed to reduce Burks’ sentence to a misdemeanor after his summary probation is completed.
Rivas is ordered to appear in court April 17 for sentencing. McDermott called Burks’ sentence the first sign of justice and waits to hear on Rivas’s case.
“Because these two kids made a mistake, they took a good family man and stole my job,” McDermott said. “The sentence makes me feel like justice has been done.”
Unwilling to comment on what McDermott calls the next level in his case against Ralphs, he said there is nothing he wants more than to be re-hired and back with the Malibu community he knows as a second family.
Part of McDermott’s “second family” is Ralphs employee Keith Gubipz. Gubipz began working at Ralphs seven months ago with the support of McDermott.
When news of the incident reached the public, a furious letter writing campaign in support of McDermott and Cicatelli ensued and ill feelings toward Ralphs zero tolerance regulations emerged. Pressuring Ralphs to reinstate the two cashiers, disgruntled residents claim McDermott and Cicatelli should not be punished for selling alcohol to Rivas and Burks because they were tricked into believing they were of legal age.
Supporting residents’ beliefs, the five-member Malibu City Council unanimously passed resolution No. 03-02 in early January stating they support the reinstatement of Cicatelli and McDermott as cashiers at Ralphs market.
Ralphs Assistant Manager Mary Dobrucki said she understands the community’s concern but said every cashier knows Ralphs regulations are to ask for an ID with every liquor purchase no matter how old the purchaser is, despite Cicatelli and McDermott's belief that Rivas and Burks were of legal age. The Alcohol Beverage Control (ABC) does not require as stringent regulations.
“It is a misconception that the ABC states who should or shouldn't be carded,” an ABC representative said. “It is up to the discretion of each person, although we do suggest anyone who looks under 30 or 40 should be carded.”
“I really do miss Nancy and Harry, we all do,” Gubipz said. “I wouldn’t be here if it weren’t for Harry. He is the one that encouraged me to apply for this job, my first job since 1981. I wish Ralphs could examine the case a little bit more and bend the rules, if it needs bending.”
Submitted April 03, 2003
MALIBU, CA
