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What Was Dismissed and What Was Bound Over in Beta Theta Pi Decision

by on September 01, 2017 6:48 PM

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After a seven-day preliminary hearing that began in June and continued in July and August, District Judge Allen Sinclair on Friday made his decision on charges against former members of Beta Theta Pi fraternity in connection with the February death of Timothy Piazza.

Piazza died from brain injuries and internal bleeding caused by multiple falls during an alcohol-fueled bid acceptance night at the fraternity.

Sinclair dismissed charges of aggravated assault, simple assault and involuntary manslaughter against eight men and a charge of involuntary manslaughter against the Alpha Upsilon Chapter of Beta Theta Pi.

He also dismissed various misdemeanor charges against a number of defendants, including hazing, reckless endangerment, and furnishing alcohol to minors against president Brendan Young and pledgemaster Daniel Casey stemming from fraternity pledge events in the spring and fall of 2016.

Misdemeanor charges against 14 defendants and the fraternity chapter -- including hazing, reckless endangerment, furnishing alcohol to minors and tampering with evidence -- were bound over and head toward trial.

Four defendants who were facing single misdemeanor counts had them dismissed. Two men waived their preliminary hearings in June.

District Attorney Stacy Parks Miller said she will refile involuntary manslaughter charges and potentially other charges, including aggravated assault.

Following is a breakdown of the defendants and the charges after Sinclair's decision:

Alpha Upsilon Chapter of Beta Theta Pi
Dismissed: Involuntary manslaughter

Bound over: 50 counts of hazing, 48 counts of furnishing alcohol to minors, 48 counts of unlawful acts relative to liquor

Brendan Young
Dismissed: Involuntary manslaughter, simple assault, aggravated assault, 36 counts of recklessly endangering another person, 36 counts of furnishing alcohol to minors, 36 counts unlawful acts relative to liquor. 38 counts of hazing

Bound over: Tampering with evidence, 14 counts of recklessly endangering another person, 12 counts of furnishing alcohol to minors, 12 counts of unlawful acts relative to liquor, 12 counts of hazing

Daniel Casey
Dismissed: Involuntary manslaughter, simple assault, aggravated assault, 36 counts of recklessly endangering another person, 36 counts of furnishing alcohol to minors, 36 counts unlawful acts relative to liquor. 38 counts of hazing

Bound over: Tampering with evidence, 14 counts of recklessly endangering another person, 12 counts of furnishing alcohol to minors, 12 counts of unlawful acts relative to liquor, 12 counts of hazing, consumption of alcohol by a minor

Jonah Neuman
Dismissed: Involuntary manslaughter, simple assault, aggravated assault, 11 counts of recklessly endangering another person, nine counts of furnishing alcohol to minors, nine counts of unlawful acts relative to liquor

Bound over:  Three counts of recklessly endangering another person, 14 counts of hazing, three counts of furnishing alcohol to minors, three counts of unlawful acts relative to liquor, disorderly conduct, consumption of alcohol by a minor

Nicholas Kubera
Dismissed: Involuntary manslaughter, simple assault, aggravated assault, eight counts of recklessly endangering another person, seven counts of furnishing alcohol to minors, seven counts unlawful acts relative to liquor

Bound over: Six counts of recklessly endangering another person, 14 counts of hazing, five counts of furnishing alcohol to minors, five counts of unlawful acts relative to liquor, consumption of alcohol by a minor

Michael Bonatucci
Dismissed: Involuntary manslaughter, simple assault, aggravated assault, nine counts of recklessly endangering another person, eight counts of furnishing alcohol to minors, eight counts of unlawful acts relative to liquor

Bound over: Five counts of recklessly endangering another person, 14 counts of hazing, four counts of furnishing alcohol to minors, four counts of unlawful acts relative to liquor, consumption of alcohol by a minor

Gary DiBileo
Dismissed: Involuntary manslaughter, simple assault, aggravated assault

Bound over: 14 counts of recklessly endangering another person, 14 counts of hazing, 12 counts of furnishing alcohol to minors, 12 counts of unlawful acts relative to liquor, consumption of alcohol by a minor

Luke Visser
Dismissed: Involuntary manslaughter, simple assault, aggravated assault

Bound over: 14 counts of recklessly endangering another person, 14 counts of hazing, 12 counts of furnishing alcohol to minors, 12 counts of unlawful acts relative to liquor

Joseph Sala
Dismissed: Involuntary manslaughter, simple assault, aggravated assault, 14 counts of recklessly endangering another person, 10 counts of furnishing alcohol to minors, 10 counts of unlawful acts relative to liquor

Bound over: 14 counts of hazing, two counts of furnishing alcohol to minors, two counts of unlawful acts relative to liquor

Michael Angelo Schiavone
Dismissed: 13 counts of recklessly endangering another person, 12 counts of furnishing alcohol to minors, 12 counts of unlawful acts relative to liquor

Bound over: Recklessly endangering another person, 14 counts of hazing

Craig Heimer
Dismissed: 14 counts of recklessly endangering another person, 14 counts of hazing

Bound over: 12 counts of furnishing alcohol to minors, 12 counts of unlawful acts relative to liquor

Lars Kenyon
Dismissed: 14 counts of recklessly endangering another person, 12 counts of furnishing alcohol to minors, 12 counts of unlawful acts relative to liquor

Bound over: 14 counts of hazing

Parker Jax Yochim
Dismissed: 14 counts of recklessly endangering another person

Bound over: 14 counts of hazing, 12 counts of furnishing alcohol to minors, 12 counts of unlawful acts relative to liquor

Ryan McCann
Dismissed: Tampering with evidence

Bound over: None

Lucas Rockwell
Dismissed: Tampering with evidence

Bound over: None

Braxton Becker
Dismissed: Tampering with evidence

Bound over: None

Joseph Ems
Dismissed: Recklessly endangering another person

Bound over: None

Ed Gilmartin
Waived for court in June: Tampering with evidence

Ryan Foster
Waived for court in June: Tampering with evidence 



Geoff Rushton is managing editor for StateCollege.com. Contact him at [email protected] or find him on Twitter at @geoffrushton.
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