Prosecutors drop assault charges in Penn State hazing death

<p>Pennsylvania prosecutors are dropping all assault charges against members of a now-closed Penn State fraternity in the hazing death of a pledge.</p>

News 12 Staff

Mar 15, 2018, 7:53 PM

Updated 2,231 days ago

Share:

By MARK SCOLFORO
Associated Press
Pennsylvania prosecutors on Thursday dropped all assault charges against members of a now-closed Penn State fraternity in the hazing death of a pledge, sparing defendants the most serious allegations any had faced.
The state attorney general's office said it will continue to pursue involuntary manslaughter charges against four former members of Beta Theta Pi in the February 2017 death of 19-year-old pledge Tim Piazza of Lebanon, New Jersey. But those misdemeanors do not carry the lengthy prison sentences that aggravated assault charges would have.
Local prosecutors had been handling the case, but a new county district attorney referred it to the state. The attorney general's office informed a judge ahead of a hearing next week about the status of charges against 14 of the 26 men accused in the case.
"Our review is ongoing," Democratic Attorney General Josh Shapiro said. "These charges represent one part of our investigation, and we will have further information to release as our review moves forward."
A judge had thrown out the most serious charges September after a marathon preliminary hearing, but the county prosecutor at the time refiled them, including eight felony aggravated assault charges.
The notice of charges and amendments being filed Thursday said prosecutors still are pursuing a charges of hazing, reckless endangerment, conspiracy and alcohol law violations against 11 defendants due at the preliminary hearing next week.
It also noted no changes were being made to charges against three other defendants whose allegations previously had been sent to county court for trial. Also, all charges were dropped against the shuttered fraternity as a corporation.
The prosecutors' decision means some defendants, including Michael Bonatucci, no longer face involuntary manslaughter charges, along with seeing the assault charges dropped.
"That's good news, because I thought that he never should have been charged with those things anyway," said Bonatucci's defense attorney, Rocco Cipparone Jr.
Attorney Michael J. Engle, who represents Gary DiBileo Jr., said he's pleased the felony aggravated assault charge was taken off the table.
"We do disagree with the continued pursuit of the charge involving involuntary manslaughter as it relates to Gary, given that the evidence shows he was one of a few people who advocated for Timothy Piazza to receive medical help. It is our position that Gary's actions demonstrate a lack of the criminal intent that would be required to sustain an involuntary manslaughter count in this case," Engle said.
Shapiro said the charging decisions came after a comprehensive review.
"We will seek justice for the Piazza family," Shapiro said. "My office is committed to holding every responsible individual accountable for their actions."
Piazza, a sophomore engineering student, attended a pledge bid acceptance night at the fraternity on Feb. 2, 2017, an event that included a gauntlet of drinking stations and a party with alcohol. Investigators said he had been given at least 18 drinks over 90 minutes.
A lawyer who represents his parents, Tom Kline, said they were most pleased by the reinstatement of some of the involuntary manslaughter charges.
"With hundreds of charges against 26 individuals facing serious jail time, the Piazzas remain hopeful that justice will be accomplished and support the Pennsylvania attorney general in this nationally important prosecution," Kline said.
The house's elaborate system of security cameras recorded others helping a visibly intoxicated Tim Piazza to a couch, after which he stumbled toward basement steps and fell down them. He was carried back upstairs.
Other members of the fraternity were recorded pouring liquid on him, strapping a loaded backpack to his back and seeming to be unsure what to do about his condition.
The cameras showed how Piazza stumbled in the dark on the first floor of the house over the night. Fraternity members located him unconscious in the basement the next morning but waited 40 minutes to summon help.
Authorities said Piazza had a dangerous amount of alcohol in his system and suffered a fractured skull and shattered spleen. He later died at a hospital.
___
This story has been corrected to show five face involuntary manslaughter charges, not four.
Copyright 2018 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.


More from News 12
1:57
3 families displaced by fast-moving fire at North Amityville home

3 families displaced by fast-moving fire at North Amityville home

2:02
Sunny and mild Tuesday before rain returns Wednesday

Sunny and mild Tuesday before rain returns Wednesday

2:53
Sachem schools consider staffing and program cuts, piercing tax cap as budget vote looms

Sachem schools consider staffing and program cuts, piercing tax cap as budget vote looms

DA: Syosset man pleads guilty in DWI crash that killed married couple in Laurel Hollow

DA: Syosset man pleads guilty in DWI crash that killed married couple in Laurel Hollow

0:29
Jericho named Long Island's top rated high school by U.S. News and World Report

Jericho named Long Island's top rated high school by U.S. News and World Report

0:51
NCC working with food truck vendors to provide food for rest of semester

NCC working with food truck vendors to provide food for rest of semester

0:26
USDA warns of ground beef that may be contaminated with E.coli

USDA warns of ground beef that may be contaminated with E.coli

Is your mom awesome? Long Island tell us why your Mom Rocks!

Is your mom awesome? Long Island tell us why your Mom Rocks!

1:42
Made on Long Island: Nicolock Paving Stones in Lindenhurst

Made on Long Island: Nicolock Paving Stones in Lindenhurst

0:48
9 steps to take if your ‘fur-ever’ friend goes missing

9 steps to take if your ‘fur-ever’ friend goes missing

0:51
State police: Trooper struck in the face by combative driver during Southern State Parkway traffic stop

State police: Trooper struck in the face by combative driver during Southern State Parkway traffic stop

1:54
Ronkonkoma woman pleads not guilty to 49 counts of animal cruelty

Ronkonkoma woman pleads not guilty to 49 counts of animal cruelty

1:33
Hampton Bays woman retrieves phone, wallet she accidently dumped into recycling bin nearly 3 weeks ago

Hampton Bays woman retrieves phone, wallet she accidently dumped into recycling bin nearly 3 weeks ago

1:55
Long Islanders taught about dangers of toxic pollutants in drinking water

Long Islanders taught about dangers of toxic pollutants in drinking water

0:16
Police: Long Beach man punched nurse in abdomen at Mount Sinai South Nassau Hospital

Police: Long Beach man punched nurse in abdomen at Mount Sinai South Nassau Hospital

1:59
Long Island gets introduced to matzah pizza; proceeds will go toward charities

Long Island gets introduced to matzah pizza; proceeds will go toward charities

0:32
Spartans chosen as new mascot for Brentwood school district

Spartans chosen as new mascot for Brentwood school district

0:19
Police: 2 people hospitalized following Lawrence crash

Police: 2 people hospitalized following Lawrence crash

2:12
Amityville schools to receive $2 million from new state budget to help reduce budget deficit, save jobs

Amityville schools to receive $2 million from new state budget to help reduce budget deficit, save jobs

0:17
Man wanted for stealing $1,000 in merchandise from Centereach store

Man wanted for stealing $1,000 in merchandise from Centereach store