Lt. Governor's general counsel arrested, charged with resisting
Lt. Gov. Mark Robinson’s in-house attorney was arrested over the weekend at a restaurant in Fuquay-Varina and charged with resisting state Alcohol Law Enforcement officers.
Brian LiVecchi, 40, “interjected himself” into an ALE inspection at The BrickHouse Bar & Grill, agency spokeswoman Erin Bean said Monday. When he wouldn’t stop interfering, she said, he was arrested and booked on a pair of obstruction charges.
Restaurant owner Mary Ciliberto said Monday that LiVecchi is her attorney and that he interrupted the agent “to advise me not to answer questions.”
Bean declined to say whether LiVecchi identified himself as the restaurant owner’s attorney. She also wouldn’t say whether he appeared to have been drinking. She said she could release only limited information about the case and described it as an “ongoing investigation.”
LiVecchi largely declined comment, but said the matter was “in no way related to the lieutenant governor’s office or any state government function."
“Because this is an ongoing matter regarding a client, and now myself, I cannot comment beyond saying that I have represented this establishment for years, and I am currently their attorney,” he said in a text message. “I look forward to this situation being swiftly and fully resolved.”
The lieutenant governor’s office didn't answer questions about the incident, other than a statement Chief of Staff Conrad Pogorzelski provided over the weekend saying, “we are looking into the situation and gathering information.” Neither Pogorzelski nor Robinson’s spokesman, John Waugh, responded to WRAL News requests for comment Monday.
Bean said ALE agents conducted a surprise inspection at the restaurant Friday about 11 p.m. after complaints that “grossly intoxicated” people regularly left the location.
“Mr. Brian Patrick LiVecchi, a patron, entered the kitchen area and interjected himself into the special agents’ conversation with the owner,” Bean said in an email. “Special agents gave Mr. LiVecchi numerous opportunities to excuse himself, but he did not comply and continued to interfere with their inspection. The special agents subsequently charged Mr. LiVecchi with two counts of Resist/Delay/Obstruct of a public officer for failing to obey lawful orders and interfering with the inspection of an ABC-licensed establishment.”
Ciliberto said the agents found no violations and didn’t issue any citations to her establishment. Bean said the restaurant "was notified that it will receive a written warning for allowing intoxicated persons to consume alcoholic beverages on the licensed premises."
“As one of the few bars in town, and the only one that stays open late, we’ve grown accustomed to regular surprise inspections,” she said in a text message. “I’m proud of the job our staff does to ensure compliance and the safety of our patrons.
“My business was crippled by COVID," Ciliberto said in her texts. "And Brian has stood by us through thick and thin, even when I couldn’t afford to pay. He should be fully vindicated, and I am proud to call him my lawyer.”
