What’s Next in the Beta Theta Pi Case

While one Beta Theta Pi preliminary hearing just ended, another is just over a month away from beginning.

The new hearing will begin on May 2 for former fraternity brothers charged in November in connection with the death of pledge and Penn State sophomore Timothy Piazza. Those charges came after deleted video was recovered from the fraternity basement the night in February 2017 when Piazza sustained fatal injuries from falling multiple times while intoxicated on bid acceptance night at the now-banned Penn State fraternity.

Piazza died on Feb. 4, 2017 from brain injuries, head trauma and massive internal bleeding caused by a ruptured spleen. Prosecutors have described the events of the night as hazing and a total of 26 defendants face charges in the case.

After the initial charges were filed in May, surveillance video equipment was sent to the FBI, which recovered footage from the basement where much of the drinking took place. Investigators said they had been told by fraternity members that the basement cameras weren’t working.

Based on the recovered video, 12 new defendants were charged. 

Joshua Kurczewski, Ryan Burke, Jonathan Kanzler, Bohan Song and Aiden O’Brien were charged with involuntary manslaughter, aggravated assault, simple assault and recklessly endangering another person. They also were charged with hazing, furnishing alcohol to minors and unlawful acts relative to liquor. 

It’s possible that prosecutors may choose to withdraw some or all of the manslaughter and assault charges against those five.

Eight of the original defendants in the case were charged last May with involuntary manslaughter and assault as well. Those charges were dismissed after the first preliminary hearing last summer, then refiled by former Centre County District Attorney Stacy Parks Miller in October. The Pennsylvania Attorney General’s office took over the case in January and withdrew the refiled assault charges against eight defendants and involuntary manslaughter against three. 

After the preliminary hearing that concluded on Wednesday, District Judge Allen Sinclair once again dismissed most of those refiled charges, including the remaining involuntary manslaughter counts.

Also charged in November and expected to be part of the upcoming hearing, Braxton Becker, who had a different count of tampering with evidence dismissed after the first preliminary hearing, is charged with allegedly deleting the basement video. He faces misdemeanor counts of tampering, obstructing administration of law and hindering apprehension.

Joseph Ems, who previously had one count of recklessly endangering another person dismissed after the preliminary hearing last summer, was charged with hazing, furnishing and unlawful acts relative to liquor. Brian Gelb, Patrick Jackson, Reggie Goeke, Mike Fernandez and Donald Prior also face hazing, furnishing and liquor law charges.

The new preliminary hearing was originally scheduled for December, but Centre County President Judge Pamela Ruest rescheduled it to a date to be determined because of the current court schedule, along with availability of a courtroom and personnel at the time.

A new district judge is expected to preside over the May hearing. Sinclair oversaw the first two preliminary hearings, but the November charges were filed with District Judge Steven Lachman.

Eight days have been set aside for the new hearing.