HARRISBURG, Pa. _ Attorney General Josh Shapiro promised Tuesday to use "whatever legal tools" he can to have involuntary manslaughter charges reinstated against five former fraternity members charged in the 2017 hazing death of Pennsylvania State University student Timothy Piazza.
A week after his office signaled its plan to appeal the March ruling by District Judge Allen Sinclair dismissing the most serious charges against the former members of Beta Theta Pi, Shapiro said he believes there was enough evidence to send the charges up to the trial court level.
"That local district magistrate should not have the final say," Shapiro said at a news conference in his office, where he was joined by Piazza's parents. "Instead, we firmly believe that justice for Tim Piazza demands that a jury hear the evidence and decide whether or not these individuals should be held accountable for involuntary manslaughter, in addition to the many other charges that have already been held for court."
Piazza, a sophomore from New Jersey, died from injuries he suffered after an alcohol-soaked pledge party in February 2017. Using surveillance video from inside the fraternity house, prosecutors estimated he was given or ingested 18 drinks in about 82 minutes. His death prompted a crackdown on the fraternity system at Penn State and contributed to growing scrutiny at other schools.
The case has taken a winding trip through the Centre County court system. It was initially prosecuted last year by District Attorney Stacy Parks Miller. When she lost re-election, new District Attorney Bernie Cantorna asked the attorney general's office to take over the case because he had a conflict.
Shapiro's office oversaw the hearing in March for several defendants, including the five whose involuntary manslaughter charges were dismissed. A second hearing is scheduled to start Wednesday.
His office filed a notice of appeal last week and intends in the coming weeks to file an additional brief outlining in further detail the basis of their appeal. The Centre County Common Pleas Court president judge, who oversees the courts, will then decide whether to have arguments on the appeal, according to the attorney general's office. If they lose the appeal, Shapiro's office could decide to appeal the decision to the Superior Court.
Moving forward with the case, Shapiro said his office will take a different approach than the one adopted by Parks Miller's office. While her office used the presence of alcohol to support the involuntary manslaughter charges, Shapiro said his office is pursuing those particular charges against only people who met three criteria: that they planned and participated in a drinking "gauntlet" prior to Piazza's death; that they knew that he fell; and that they did not seek medical help for him.
Twenty-six people have been charged in connection with the case.
