BELLEFONTE – A District Judge rejected for the second time on Tuesday unintentional charges of careless murder of Pennsylvania State University Brotherhood brothers in February 2017 in connection with the violent death of second grader Tim Piazza in February 2017.
A three-day preliminary hearing ends, Judge Allen Sinclar also dismissed dozens of other charges against the Brotherhood members. For some of the eleven members, all of the re-filed charges have been brought, despite being confronted with other charges that emerged from the last hearing.
The prosecutors had killed more than 300 reappeared charges, including reckless endangering conspiracy to harass people and deliver alcohol to minors
In the end, Sinclair allowed less than 20 of the refilled charges. Among them was a conspiracy to accuse Brotherhood President Brendan Young of Malvern and member Daniel Casey of Ronkonkoma, N.Y.
Gary DiBileo of Scranton was fivefold committed to distributing alcohol to minors; Luke Visser, of Encinitas, California, in seven points of the same; and Michael Bonatucci, of Woodstock, Ga., in two points.
Theodore Simon, a lawyer for Visser, said the verdict again showed that the most serious charges against his client were "unfounded, unjustified and unjustified"
It was a sad and tragic loss of life, but not every Unfortunate tragedy should lead to serious criminal charges.
This is the second time that Sinclair heard the case, last summer he threw the heaviest charges, including serious assault and involuntary killing of eight members, but the former prosecutor refunded many of them.
Sinclair's verdict Another blow to the prosecution of a case that has not only shook the campus of Penn State, but reinforced the growing national investigation of misconduct and alcohol-related harassment by brotherhoods.
The prosecutor, this time under the direction of Attorney General Brian Zarallo, arguing that brotherhood members planned and conducted a harassment ritual deliberately made Piazza drunk and then failed to provide him with medical care after being badly injured, Piazza consumed 1
"Failure to act in and of itself is reckless," argued Zarallo.  If Piazza's place toppled him The unconscious happened somewhere other than in a fraternity house, it was expected that 911 would be called, he said.
But defenders claimed their clients had not known the severity of Piazza and Piazza injuries Drinking was voluntary.
"There is simply no evidence that it is the direct cause of the death of Piazza," said Philadelphia lawyer Michael Engle, who represented DiBileo.
Some of the testimonies broke new ground, including the shown video of drinking Brotherhood Cellar. Prosecutors alleged that a member of the fraternity had deleted the video, but the FBI was able to recover it. But many of the evidence was renewed or expanded last summer when the first preliminary hearing for 18 members took place.
This hearing culminated in a startling September 1 ruling in which Sinclair dismissed the gravest charges against eight of the members of the Brotherhood and remove all charges against four others.
Then-Center County prosecutor Stacy Parks Miller refilled the indictment in October and accused 12 additional members of the Brotherhood in Piazza Tod after restoring footage from a basement video camera, for a total of 26. After losing an offer for reelection District Attorney Bernie Cantorna, citing a conflict of interest, asked the Attorney General's office to take over the case.
Attorney General Josh Shapiro refused this month, charged with charges against members of the Brotherhood, but five of them charged with negligent homicide. In addition to the eleven people who turned to the hearing on Friday, three others dropped their pre-trial and were brought to trial. The twelve other defendants will undergo a preliminary hearing in May.