The two minors who purchased liquor at Ralphs are convicted of several charges.
By Massiel Ladron De Guevara/Special to The Malibu Times
The battle to get their jobs back continues for two longtime Malibu Ralphs employees who were fired late last year for selling alcohol to underage Pepperdine students.
Nancy Cicatelli, who worked at Ralphs for eight years, and Harry McDermott, a 25-year employee, were fired Nov. 23 for selling alcohol to Jonathan Rivas, 19, and Dwight Burks, age 20. The two cashiers had previously carded Burks and Rivas numerous times at the store.
A furious letter writing campaign ensued with Malibu residents supporting Cicatelli and McDermott, and in early January the Malibu City Council adopted a resolution, 5-0, supporting the reinstatement of jobs of the two cashiers.
” … the City Council agrees that, in this specific case, the punishment did not fit the crime,” states resolution No. 03-02.
Ralphs assistant manager Mary Dobrucki said, despite Cicatelli and McDermott’s beliefs, each cashier knows Ralph’s regulations are to ask for an ID with every liquor purchase no matter how old the purchaser is, a regulation the Alcohol Beverage Control (ABC) does not require.
“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.”
Since the Nov. 23 incident, the Malibu District Attorney decided not to file criminal charges against McDermott and Cicatelli. Rivas and Burks pled no contest to several of the charges, which included purchasing liquor as a minor and possessing/using false evidence of age. 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. He is also required to perform 50 hours of community service and file proof of completion, attend at least five NA/AA/RR/CA meetings and to stay away from Ralphs market.
Rivas was ordered to appear in court on March 28 for sentencing.
McDermott calls the sentence the first sign of justice.
“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.”
The two, who belong to the Retail Clerks Local 1442 Union, are demanding arbitration to get their jobs back.
Unwilling to comment on what McDermott calls the next level in his case against Ralphs, he says there is nothing he wants more than to be rehired and back with the Malibu community he knows as a second family.