PHILADELPHIA _ Members of a Pennsylvania State University fraternity will not face felony aggravated assault charges _ among the most serious _ in the death of a sophomore pledge, the Pennsylvania attorney general's office has decided.
But some members of the Beta Theta Pi fraternity continue to face a misdemeanor count of involuntary manslaughter in the death of Tim Piazza and others will be charged with hazing, reckless endangerment, furnishing alcohol to minors and other offenses, under papers filed by the attorney general in court Thursday.
The attorney general's decision is the latest turn in a deadly hazing case that drew national attention and spurred the university to crack down on Greek life. Piazza, of New Jersey, died last February after falling down the stairs at a fraternity party following an alleged booze-fueled hazing ritual. He languished on a couch for hours before anyone called for help.
In part, the attorney general's decision sides with a ruling made last summer by Centre County Judge Allen Sinclair, who threw out aggravated assault and involuntary manslaughter charges against eight members of the fraternity.
But the attorney general's office also differed with Sinclair and sided with former Centre County Prosecutor Stacy Parks Miller in that it has kept the involuntary manslaughter charge against four fraternity members, including Beta Theta Pi President Brendan Young, of Malvern, and members Daniel Casey, of Ronkonkoma, N.Y., Gary Dibileo, of Scranton, and Luke Visser, of Encinitas, Calif.
"We will seek justice for the Piazza family," Attorney General Josh Shapiro said in a statement. "My office is committed to holding every responsible individual accountable for their actions, consistent with the law and the evidence in this case."
The attorney general's office filed charges against 11 members who are scheduled to appear at a preliminary hearing next week. Three other members waived their preliminary hearing and were bound over for trial.
Another 12 members also face charges, but the attorney general's office has not made a determination in their cases.
"Our review is ongoing," Shapiro said in the statement. "These charges represent one part of our investigation, and we will have further information to release as our review moves forward."
Also differing from Parks Miller, the attorney general's office did not charge the local fraternity group, noting in papers that it "consists only of alumni, and does not or has not consisted of the chapter or active members of Beta Theta Pi Fraternity as of the dates of the events included in the above referenced complaints."
Tom Kline, an attorney for Jim and Evelyn Piazza, said he was not disappointed with the decision.
"They are going to refile involuntary manslaughter charges against a number of them, and that's significant," Kline said. "And there are 26 individuals who are facing hundreds of charges."
Parks Miller initially filed charges against 18 members of the fraternity and later filed charges against more members. She refiled aggravated assault and involuntary manslaughter charges against members after Sinclair threw them out, following a multiday preliminary hearing.
Parks Miller lost a bid for re-election last fall, and new District Attorney Bernard Cantorna asked the attorney general's office to take over the case, saying he had a conflict of interest.
Other fraternity members charged by the attorney general's office Thursday include: Joseph Sala, of Erie; Michael Bonatucci, of Woodstock, Ga.; Nicholas Kubera, of Downingtown; Jonah Neuman, of Nashville, Tenn.; Lars Kenyon, of Barrington, R.I.; Michael Angelo Schiavone, of Yardley; and Parker Jax Yochim, of Waterford. The attorney general's office said it also will continue charges against three other members who previously waived their preliminary hearing. They are Edward J. Gilmartin, Ryan K. Foster and Craig A. Heimer.
