Hennepin County Attorney adds third-degree murder charges in Park Tavern crash

The Hennepin County Attorney’s Office today announced that after receiving additional evidence, it has amended charges against Steven Frane Bailey. After reviewing additional video evidence, the office has charged Mr. Bailey with two counts of third-degree murder for the killing of Kristina Folkerts and Gabe Harvey, committed while driving under the influence.

A person commits third-degree murder when they cause death “by perpetrating an act eminently dangerous to others and evincing a depraved mind, without regard for human life.”

The HCAO did not yet have the Park Tavern surveillance video at the time of the original charges, although references to the video were included in police reports. The following information, taken directly from the surveillance video, supports the charges of third-degree murder.

Surveillance video from Park Tavern shows Mr. Bailey’s BMW turn right from Louisiana Avenue onto Oak Leaf Court and then turn right into the Park Tavern parking lot. The lot appears to be almost at capacity. Several people are walking in the area, and other vehicles are driving within the parking lot throughout this incident. The video shows that Mr. Bailey would have had a clear view of the patio, tables, umbrellas, and the numerous individuals seated outside from the time he pulls into the lot and throughout his course of travel.

Once in the parking lot, Mr. Bailey passes several parked cars, then stops shortly after passing an empty parking space on his passenger side. He can be seen backing up and turning his BMW so the front-end swings to the right to allow him to pull forward into the empty space. Mr. Bailey backs up further than appears necessary to safely pull into the empty parking space and ultimately hits a parked car with the rear end of his vehicle. Rather than parking, he starts to drive away from the parked car he hit. Within seconds, Mr. Bailey can be seen accelerating at a high rate of speed in what appears to be an attempt to flee the scene. As he accelerates through the parking lot, a black SUV can be seen turning into the area where Mr. Bailey is driving. He appears to swerve slightly in an attempt to avoid the black SUV. Mr. Bailey’s vehicle then hits the rear driver’s side of the black SUV, without slowing down and continues to accelerate straight towards the patio. There is no outlet or way to exit the parking lot from that area.

After hitting the black SUV, Mr. Bailey accelerates straight past a two-lane drive in the parking lot and 11 parking spaces, then plows his vehicle through a metal fence and into the patio seating area. Mr. Bailey’s BMW hits multiple occupied tables, striking multiple people and sending debris flying. He continues driving all the way through the full length of the patio without braking. His vehicle does not slow down until it comes to an abrupt and violent halt when it hits several boulders and the base of a steep incline.

In addition to the two new third-degree murder charges, Mr. Bailey will still face two counts of Criminal Vehicular Homicide and nine counts of Criminal Vehicular Operation. A preliminary breath sample showed a BAC of .325.

While we know this incident has impacted so many in the community, the HCAO has asked Park Tavern not to release surveillance video both because this is an ongoing investigation and to allow victims and their families to watch the video privately, with support, in the time and manner they choose.

If you were injured in the crash and haven’t come forward yet, please contact the St. Louis Park Police Department at (952) 924-2165. Witnesses who captured video or photos are asked to submit them online to police at https://bit.ly/parktavernvehicleincident.

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