A fire marshal threw the book at two Herndon bartenders for their pyrotechnics, but Fairfax Commonwealth’s Attorney Ray Morrogh said felony charges will be dismissed.
The Jimmy’s Old Town Tavern employees were arrested in July after performing the “flaming bartender,” a trick that involved spitting alcohol onto a flame to create a bigger ball of fire.
They were each charged with the felonies of manufacturing and using an explosive device; setting a fire capable of spreading; and burning or destroying a meeting house, according to the Fairfax Times.
After reviewing the case, Morrogh found no evidence to support the felony charges.
The two bartenders, however, are still charged with fire prevention code misdemeanors, which carry the possibility of imprisonment and fines.