Shooting Victim's Mother Furious Licensing Board Hasn't Shut Down Fenway Bar

BOSTON (CBS) - The Boston Licensing Board said Friday it has taken "under advisement" the case of a Fenway bar that was the scene of an early morning shooting on Thanksgiving.

The board is considering whether to take action against 'Who's On First?' and whether to hold the establishment negligent after shots were fired outside, killing 29-year-old Jephthe Chery of Hyde Park who was at the club visiting a friend.

Chery's mother and family members attended the licensing board hearing Friday morning and left fuming that authorities did not take immediate action.

"Shut down, not another mother should cry like me," said Rose Relise.

But board chairwoman Christine Pulgini said they have to determine if there is a connection between 'Who's On First?' and the shooting.

The club's attorney, Jack Diamond, argued owner Robert Paratore is not negligent in this case.

"Nothing occurred inside the establishment up until 2 a.m. that gave management notice there was any problem," he said.

Diamond claimed surveillance cameras captured someone leaving the club that morning and returning some 15 minutes later with a firearm and started shooting outside.

'Who's On First?' has been in front of the board before, receiving previous warnings and suspensions. But Diamond says this should not be the case.

"The question they keep asking themselves is what could we have done differently that would have prevented it," he said.

The board is expected to have a ruling by next Wednesday.

WBZ NewsRadio 1030's Lana Jones reports