Charges dropped against Stillwater bar in underage man's exposure death in December

A Stillwater bar is no longer charged with selling alcohol to an underage man who was in the downtown nightspot shortly before his death in late December from exposure.

In an amended criminal complaint, Brian's Bar & Grill only remains charged in Washington County District Court with selling liquor to a different underage patron on Dec. 23 and not to 20-year-old George Musser, whose death prompted an extensive search for him that ended with his body being found the next day more than 2 miles away.

Dennis Johnson, the attorney for the bar, said Friday that the complaint was amended because while Musser was in Brian's, "no one served him" alcohol.

The amended complaint now alleges a woman younger than 21 was served alcohol at the bar. The defense and the City Attorney's Office have agreed to suspend prosecution of the misdemeanor case for a year under what's called a continuance for dismissal.

If Brian's stays law abiding for that year, then the case is dismissed. The bar and grill agreed to pay $500 to cover prosecutorial costs.

Musser, who grew up in Stillwater and was attending the University of Wisconsin-River Falls at the time of his death, was last seen leaving Brian's at 2:10 a.m. on Christmas Eve of 2022.

Family members realized hours later that he hadn't come home. They found his wallet near a restaurant close to Brian's and where his vehicle was parked. His keys were found near a trash bin. The family contacted police and organized a search.

Musser's body was found on Christmas night in the 5400 block of N. Osgood Avenue in Baytown Township. He died of exposure. He was wearing a flannel shirt, jeans, a stocking cap and shoes. While he was missing, temperatures had slipped below zero.

Two weeks before Musser died, Nancy Musser had called Brian's and said her son "was getting into the bar underage and getting drunk while there," the original gross misdemeanor charges read. "[She] wanted to warn them that underage individuals know [the bar] is a place where they can drink underage."