A Centre County judge quashed a prosecution motion to reinstate dismissed charges including involuntary manslaughter against former Beta Theta Pi brothers in connection with the death of pledge and Penn State sophomore Timothy Piazza.
The charges had been dismissed for a second time in March by District Judge Allen Sinclair, who initially dismissed all misdemeanor involuntary manslaughter and felony assault charges in September. Those were refiled in October by former District Attorney Stacy Parks Miller, but Pennsylvania Attorney General Josh Shapiro’s office, which took over the case in January, withdrew the felony charges
After the March hearing, the attorney general’s office appealed to the Centre County Court of Common Pleas in April, seeking to have reinstated the dismissed charges against eight defendants, including involuntary manslaughter charges against Brendan Young, Daniel Casey, Jonah Neuman, Gary DiBileo and Luke Visser. Other charges included recklessly endangering another person and counts of hazing and furnishing alcohol to minors.
President Judge Pamela Ruest ruled in an order signed on Wednesday that rules of criminal procedure state that Sinclair’s decision cannot be appealed to the Court of Common Pleas.
She wrote that the prosecution could only seek to have Sinclair reinstate the charges or request a different district judge to be assigned.
The attorney general’s office plans to pursue the dismissed charges with a higher court.
“Yesterday’s ruling is just another step in this circular and protracted legal process,” said Joe Grace, spokesman for the Office of Attorney General. “We will continue to push to have this case heard by a higher court. Our office remains committed to seeking justice for Timothy Piazza and his family and holding responsible individuals accountable for their actions, consistent with the law and the evidence.”
Each of the defendants who had charges dismissed at the second preliminary hearing is still facing a range of misdemeanor charges. After a first preliminary hearing last summer for the initial defendants in the case, a second on the refiled charges and a third for a second set of defendants charged in November, 25 former fraternity brothers are still facing trial on a variety of charges.
Piazza, 19, died on Feb. 4, 2017 from non-recoverable brain injuries and massive internal bleeding caused by a shattered spleen after falling multiple times during an alcohol-fueled bid-acceptance event and party for pledges at the now-banned Penn State fraternity chapter. No one called 911 until nearly 12 hours after his first fall, head-first down the basement stairs.
WJAC reported on Friday that the trial for the first group of 13 defendants has been pushed back. Initially scheduled to begin next week, the trial has been moved to Aug. 6, with Ruest citing a ‘lack of judicial resources,’ according to WJAC.
