A former Beta Theta Pi member on Thursday received a sentence of probation, community service and fines for his role in the Penn State hazing case stemming from the investigation into the death of pledge Timothy Piazza.
Joseph G. Ems Jr., 22, of Philadelphia, previously pleaded guilty to one count of hazing and one count of unlawful acts relative to liquor. Ems provided vodka to another pledge, not Piazza, during bid acceptance night on Feb. 2, 2017 at the now-banned fraternity.
Centre County Judge Brian Marshall sentenced Ems to one year of probation, $1,000 in fines and 100 hours of community service for the hazing count and a $500 fine for the liquor code violation. Marshall initially said he planned to sentence Ems to two years probation, until Chief Deputy Attorney General Brian Zarallo noted the maximum probationary sentence for a third-degree misdemeanor is one year.
Ems is the second defendant in the case to be sentenced and is among seven who have pleaded or are scheduled to plead guilty.
Prior to sentencing Ems apologized to the Piazza family and said the events of that night have motivated him to change for the better.
‘If I could turn back the hands of time and change things I would do so in a heartbeat,’ Ems said.
Zarallo argued that Ems behavior at bid acceptance night, ‘wasn’t an aberration.’ He cited text messages from Ems openly discussing hazing pledges prior to that night and suggested Ems had anger management issues because of earlier altercations with two fraternity brothers.
Over objections from Ems’ attorney, John Abom, Zarallo played several surveillance video clips from the bid acceptance night, which Zarallo said addressed Ems’ character. He said that Ems and Piazza were described as being friends, but that ‘Mr. Ems is the only one displaying aggression toward [Piazza].’
Prosecutors have said Piazza was given 18 alcoholic drinks in a period of 82 minutes as part of the alleged hazing. He fell head-first down the basement stairs and died two days later as a result of brain injuries and massive internal bleeding from a shattered spleen.
Video from prior to Piazza’s fall showed the 19-year-old Penn State sophomore apparently intoxicated on the basement dance floor. Zarallo said a female party guest appeared to notify Ems that Piazza was inebriated and that Ems’ response was to push Piazza.
After Piazza’s fall he was carried to a couch on the fraternity’s first floor. Zarallo said another video clip exhibited on Thursday showed Ems throw two shoes ‘in anger’ at Piazza.
Later, Piazza fell off the couch and was placed back on it by Ems and other fraternity brothers. Ems then pulled back a blanket and slapped Piazza on his body, though Zarallo said he gave Ems the benefit of the doubt that he did not know about Piazza’s abdominal injury.
‘When Mr. Ems doesn’t think anyone is looking, that’s who he is,’ Zarallo said. ‘He’s a bully.’
Abom said that Zarallo’s narrative was ‘an interpretation,’ of the events depicted on video. He added that the attorney general’s office denied Ems’ request for an accelerated rehabilitative disposition program because of the video.
As part of his probation, Ems may not consume alcohol and will be required to undergo evaluation for any recommended treatment programs. He is expected to serve his probation and community service in Philadelphia County.
Ems’ sentencing comes after Ryan Burke became the first defendant in the case to plead guilty, to four counts of hazing and five alcohol charges. He was sentenced in July to three months house arrest, 27 months of probation, 100 hours of community service and fines. One of his hazing counts was related to Piazza.
Bo Han Song pleaded guilty in August to negotiated charges of furnishing alcohol to minors. His sentencing has not yet been scheduled.
Michael Angelo Schiavone, Aidan O’Brien, Patrick Jackson and Jonathan Kanzler are each scheduled to plead guilty to misdemeanor charges.
Ryan Foster, Ed Gilmartin, Reginald Goeke, Craig Heimer were accepted into ARD programs earlier in September.
Eleven defendants are still scheduled for trial in February 2019.
