An assault charge against a well-known Fairhope bar owner is effectively gone after the Alabama Court of Criminal Appeals dismissed the city prosecutor’s appeal as untimely, according to court records.
The case stemmed from an incident on Nov. 22, 2018 at the Little Whiskey Christmas Club in Fairhope. Paula DiNardi says video shows Ronan McSharry — owner of McSharry’s Irish Pub — struck her in the throat with his forearm, knocking her backward onto a concrete floor and leaving her with what she describes as a concussion and serious physical injury. Surveillance footage of the encounter was presented in court.
From Municipal Conviction to Dismissal
Fairhope’s municipal judge found McSharry guilty of assault and public intoxication and imposed a 180-day sentence, citing officers’ testimony that he smelled strongly of alcohol and could barely walk. At the time, McSharry was serving probation from an earlier breach-of-peace plea involving artist Nall Hollis.
McSharry appealed. In March, Baldwin County Circuit Judge Clark Stankoski dismissed the assault charge after finding a defect in the charging document: it did not allege that McSharry “did cause physical injury to another person.” City prosecutor Marcus McDowell then appealed to the Alabama Court of Criminal Appeals on April 17.
According to Presiding Judge Mary Windom, the appeal was filed outside the statutory 14-day window and lacked a required docketing statement. McDowell was given 14 days to show cause why it should not be dismissed; the court record indicates no response was filed, and on May 7 the appeal was formally dismissed as untimely.
What Comes Next
McDowell said the public intoxication case remains pending and that “everything that went on that night” would be presented at that trial whenever courts resume normal operations. He noted the two charges carry identical potential sentences.
DiNardi maintains she was assaulted and has filed a separate civil lawsuit against McSharry that is under review by the Alabama Supreme Court. She has also suggested she may pursue claims against the city, saying she was never properly kept informed about her own case. “I’m not one to back down and I don’t intend on backing down,” she said.