Details Emerge about Mayor Kell Palguta’s Bar Room Brawl – Bill Williams

Photo: Interim Prescott Police Chief Jon Brambila

[Editor’s Note: Readers are reminded that police reports, on which this article is based, are considered hearsay. Criminal trials require live testimony subject to cross examination.]

Covering the saga of a mayor charged with crimes after a saloon brawl has not been without its news gathering challenges. The Prescott Police Department under the charge of Interim Chief Jon Brambila, and staffed by a sharp young patrol officer, Mason Welch, appears to be forging relationships with the press

CAUTION. Your sensibilities could be bruised from a bar room brawl like this which includes profanity, as the police reported what they heard on surveillance and from witness accounts.

The publisher of Prescott ENews – and this reporter – were preparing to run a story about the stonewalling of public record requests by the Prescott Police Department, when unexpectedly a call came in from interim police chief Jon Brambila, who has been with the department for several years, and filled the position after former chief Amy Bonney retired The chief was a true gentleman and very professional, and he said he understood the needs of news reporters and he felt that this reporter understood his needs and his police officers needs, when handling a very sensitive case about the mayor of Prescott Valley being charged with three offenses for a brawl in the Birdcage Saloon.

During the friendly phone call, interim chief Bramblia said “I’m looking at your written  requests and I have to tell you, you’re going to get everything you want.”  And the implication was it could take time, be patient.

This brawl has turned into a very popular news media topic throughout the state; most  of the major television stations have inquired, most of the newspapers have inquired but no national attention yet the Chief said. This reporter had run into a stonewall with a grumpy window clerk but the Chief has smoothed things over.

Brambila is fielding requests from all over, for every type of document under Arizona Opens Record law purview. The Chief said, “We haven’t had any contacts from out of the state but most of the state news organizations definitely want documents. And that includes the surveillance tape.” The first tape Enews received did not include incriminating conduct by Prescott Valley mayor Kell Palguta. But during the discussion with the chief he agreed to provide the important piece of video and he did.

This reporter congratulated patrolman Mason Welch who wrote up the report which was 26 pages long. It was very thorough. We assumed that he was a detective or something along those lines but the chief, with a little bit of pride in his voice, said this is a very young patrolman. We were shocked and replied, “This could be his biggest case of the year, it fell in his lap and he’s doing a great job.”

Ironically Palguta was himself a young officer on the Prescott Valley police force Unfortunately he was frequently in trouble with ranking officers, received discipline letters, and was eventually demoted from Sergeant to Corporal.

We noticed in the first report (26 pages) that Welch said “follow up reports will be written” because the officer had more witnesses and/or victims to interview.

Chief Brambila in our conversation said, “You will get the follow up reports as well.”

And that is how we wrote this report.

What we’re learning in the follow up is that Patrol Officer Mason Welch, in his twenties, had perhaps the biggest case he will catch this year…. Investigating the Mayor of the neighboring town. Enews believes his report and actions appear to be highly professional for such a young man. Welch mentioned in the first, lengthy report that he would follow up with the victims, Mayor Kell Palguta and the owner of the Birdcage among others.

Conflicting Stories

The Owner

Keith Redman, who declined an interview with this reporter is the owner of the Birdcage Saloon. Welch asked if he wanted anyone arrested for trespass and he said no, that all parties were welcomed back.

Damian Hartze

Officer Welch interviewed Mr. Hartze, who appears to have done some business with Kell Palguta at either The Fat Frog or Doc’s. When Welch interviewed him, he stated that he was simply walking by the Birdcage and saw Robin and Scott inside so he went inside to speak to them. And then he noticed that Palguta showed up, probably looking for him due to his “extended absence at Doc’s Barbecue.” Hartze noticed Robin in Kell’s face. Welch asked him what Robin was doing and Damian said, ”he didn’t know.”  He said he saw Kell and Scott tugging on a chair and stated, “ It was the most juvenile thing he’d ever seen two adults do.” Damian said there was plenty of other chairs at the bar but he did see Kell place his hand on Scott’s shoulder and he felt the incident was over after that.

Phone in the Face of Robin Miller

When Welch interviewed Robin Miller, who has been labeled by some as the female victim, he asked her what happened and she stated that she was at the Birdcage on South Montezuma Street on the 16^th of August around 4 p.m. and she saw a man identified as Damian Hartze enter the bar and sit next to her husband identified as Scott Ellsworth. They were sitting at a bar top and Robin left to hang out with her friends for a moment, and Damian and Scott spoke for approximately 45 minutes. It didn’t look like there was an argument going said Robin,  and she didn’t really know what they were talking about. When she returned, she sat down next to her husband Scott. Officer Welch asked her to describe how they were seated. There’s an area in the middle of most bars that separates the left and right side of the bar top. Robin referred to that area as the well, which some waitresses refer to and you’re not supposed to encroach on those areas because that’s where they sling drinks and get ice and napkins.

Robin stated that Damian and Scott were near the well and at some point, without her noticing, a chair was removed. Robin began to chat with a friend of hers when she turned and saw a phone less than one foot away from her face, and it was being held by Palguta.

She asked Palguta why he was recording her and he said he was recording the band and that she was not the kind of a woman he would video. She advised Palguta that he was sitting in her husband’s chair and she admitted to Officer Welch that she was yelling that comment, more than once. Palguta denied knowing that her husband was sitting in the chair beforehand but when Scott came back from the restroom Robin says Kell and Scott began to argue with each other about the chair. She didn’t remember exactly what was being said between the two but she heard Kell say the word ‘pussy.’.

Robin stated the loudness of the argument would have been a 7 out of 10. She saw Kell stand up and Scott grabbed the chair and then she stated Kell grabbed Scott’s arm.

The Husband

Later, Officer Welch interviewed the husband, Scott Ellsworth, and asked him to tell him his part of the story. He said he was sitting at the bar top when Damian Hartze entered the bar and sat next to him; he said while he was talking to Damian he saw Palguta enter the bar ad  told Damian “oh there’s your buddy; what’s he doing here?” Scott stated Damian told him Kell was probably looking for Damian. Scott sat down near Damian who got up and left. Scott stated he asked Kell if he was going to get a beer. Scott said Kell said, “Yeah I’m getting a fucking beer.’ And he said Kell called him a ‘keyboard warrior.’

This is a phrase that the mayor often uses when insulting people who post things negative about him on social media platforms in Prescott Valley (where this reporter lives) and it happens quite frequently; this reporter has observed that behavior but it got more rude in this case when Kell said, “Same with your ugly cunt ass wife.” Scott stated he turned away from Kell and told Robin he had to use the bathroom and when he returned Kell was sitting in his chair and the original chair was gone. Robin was apparently telling Kell that he was in Scott’s chair when Scott returned. Kell said he didn’t care. Scott stepped in between Kell and Robin and told Kell he was in his chair. Kell stood up and pushed the chair to the side. Scott advised that he said, “You’re really going to like this you’re the fucking mayor of PV.”

Scott stated he told Kell he should leave. Scott reached for the chair with his left arm, but Kell grabbed his left wrist and said, “You’re assaulting me right now. I can’t believe what you’re doing.” Scott describes the bartender and another male getting in between Kell and Scott to separate them. Scott stated he later accused Damian of setting the whole thing up, and called Damian “a piece of shit.”

This reporter reached out to Scott with a message for him and his wife but they did not return his message. We are offering to interview them over the phone or on video.

Palguta Interview

Later on, Officer Welch interviewed Kell Palguta, who told him there was a disagreement and some words were exchanged The officer informed Kell that he had interviewed several other people and that he knew more happened than that. Kell gave him a vague answer and then stated there was an argument, the bartender asked him to move, Scott grabbed his chair and there was a tug back and forth.

The officer asked Kell what the argument was about and Kell stated the argument was about Robin yelling at him. The officer asked Kell what Robin was yelling and Kell stated Robin was yelling at him about taking pictures of her. Kell said his argument with Robin ended and Robin turned away from him.

And then he said an argument with him and Scott started and he said Scott was calling him names. Kell stated he did not remember specifics but said Scott called him a ‘fucking pussy.’ Welch asked Kell if he had ever met Scott or Robin prior to the incident; Kell stated no. Kell advised he knew of them because they comment negative things on Facebook about business owners and him. The officer asked Kell if he was seeking out Scott and Robin and Kell said no. The officer told Kell that someone told him that he had specifically asked to meet Scott and Robin earlier in the day. Kell stated he did say he wanted to meet them to find out “what their story is,” so Welch asked Kell why he went to the Birdcage. Kell said he went to the Birdcage because Damian was there.

Damian Hartze does business with several bars and restaurants, as a sort of operations manager/consultant, he told this reporter. Palguta has been interested in two of them. There was a rumor about Kell being part owner in the Fat Frog restaurant which used to be the old Augie’s but when this reporter checked with the Liquor Control Board, they said he no longer has any interest management wise, nor even a liquor license, connected with the Fat Frog.

The representative from the Liquor Control Board who this reporter spoke to said the list of who holds a Series 12 liquor license at Doc’s is Bryan and Cynthia Agee, operating with Aubrey and Kell Palguta.

Cross talk in Prescott Valley described Palguta as “interested in the old Colts Grill” which had been raided last summer by immigration enforcement where illegal Mexican aliens were allegedly working. It is now known as “Doc’s BBQ and Whiskey Prescott” on Montezuma Street. And there are other “former Colts” near Sedona, and the Cottonwood area, also raided by INS.

Of importance is the related case being brought in the Federal Court in Phoenix against the former owners of Colt Grill – Bob and Brenda Clouston – who will be on trial on various charges of alien transportation via the old Colt’s Grills, later this year. The alien transportation was linked to personnel working multiple old Colts Grills stretching from Arizona to Alabama. The one on Montezuma, now named Doc’s Barbecue is where  Palguta and his wife Aubrey are listed as two of four principals in the management team known as Happy Hog Ventures which presumably supervises Doc’s BBQ, and holds the liquor license.

A Liquor Control Board staffer confided in this reporter that, theoretically a liquor license holder, convicted of disorderly conduct in a saloon (one of the charges against Palguta) could lose his liquor license.

Back to Palguta

Officer Welch said on that fateful day Palguta saw Damian sitting next to Scott and his wife Robin. Kell told Officer Welch he grabbed Scott by the wrist and removed his hand from the chair. He told Welch he grabbed Scott because Scott was mad and he did not want him to have the chair. Palguta told Welch he did not remember what he said to Robin after she asked him why he was recording her with his telephone.  But he stated Robin and Scott were ‘chirping at him’ and he chirped (trash talked) back.

Welch told Palguta he saw on the video surveillance tape that Palguta had his phone less than a foot away from Robin’s face. Kell said he did so because he was trying o take a photo of her phone so he could see what she was texting about him.  It is important to remember that Palguta is a former police officer and he knows quite a bit about tactics.

Welch told Palguta that it looks like he was using defensive tactics and affecting an arrest on Scott. Welch said it looked like he used two hands to pull the chair away from Scott and Kell’s reply was “if you say so.”  Welch asked why Kell put Scott’s arm behind his back after Scott no longer had the chair and Palguta said it was to get Scott away from him. Kell told Welch he just wanted to sit down (next to Robin) as opposed to standing and did not want to instigate anything.

Palguta has three charges against him. Intentionally placing a person in fear of eminent physical injury, knowingly touching with the intent to injure, insult or provoke, and disorderly conduct -fighting. The disorderly conduct against Robin and Scott has been placed in an inactive status due to video footage not corroborating the alleged offense.

Palguta’s arraignment has been put off to the end of September.