Judge Issues Ruling On Penn State Frat Death Case

For the second time, involuntary manslaughter charges against Penn State fraternity brothers in connection with a pledge's death in 2017 have been thrown out by a Centre County judge.

Judge Allen Sinclair issued his ruling Wednesday after a three-day preliminary hearing in connection with the death of Timothy Piazza. The sophomore from Hunterdon County, N.J. died after taking a fall at the Beta Theta Pi fraternity house during a pledge acceptance party on Feb. 2, 2017. His injuries included a subdural hematoma as well as a ruptured spleen.

Prosecutors said his death was the result of extreme hazing involving forced and excessive alcohol consumption but the defense denied that, saying Piazza's drinking was voluntary.

The Daily Collegian reports all charges have been dismissed against some of the 11 charged. The Philadelphia Inquirer reports less than 20 charges stand, including conspiracy to commit hazing against the fraternity president.

This is the second time the same judge has thrown out the serious charges.

After a five-day preliminary hearing this summer, Judge Sinclair dismissed all counts of involuntary manslaughter and aggravated assault. The unexpected ruling came as a blow to the prosecution, who vowed at the time to refile the charges.

The charges were refiled and the case was taken over by Attorney General Josh Shapiro from former Centre County Prosecutor Stacy Parks Miller. In March, Shapiro decided to drop felony aggravated assault charges against the students.

Shapiro, in statement Wednesday, said he was disappointed by the Sinclair's decision. "We are assessing our legal options," Shapiro said. "My office is 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 in this case.”

During the second preliminary hearing, prosecutors attempted to paint a vivid picture of the alleged hazing by using video evidence from the night of the party.

On Monday, video footage recovered by the F.B.I. from the basement of the Beta Theta Pi fraternity house the night of the party was played in the courtroom. The footage had been intentionally destroyed by a fraternity brother but was restored by federal investigators, according to prosecutors.

The footage shows Piazza being served 18 drinks in 82 minutes at various drinking stations before taking a fatal fall down the basement stairs. No one called for help until late the next morning, and Piazza died the following day at the hospital.

A grand jury report released in the months following Piazza's death revealed disturbing details into the hours before and after his fall, including that fellow brothers slapped him, poured water on him, and stepped over his limp body.

This is a breaking story and will be updated. Check back.

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Patch photo, Timothy Piazza