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Prosecutors refile most charges in Penn State fraternity death

HARRISBURG — Prosecutors moved to reinstate most of the dismissed charges Friday against 11 members of a now-closed Penn State fraternity for actions related to the death of a pledge earlier this year after a night of drinking and hazing.

A judge in early September threw out the most serious charges against eight defendants, involuntary manslaughter and felony aggravated assault, but all 16 of those counts were refiled. As a result, those defendants again face the possibility of several years in prison, if convicted.

There were no new charges against two who had waived the preliminary hearing, against four who faced single counts that were thrown out in September, or against one defendant who had 28 of 52 charges tossed and is accused of buying alcohol for the Beta Theta Pi bid acceptance night party.

District Attorney Stacy Parks Miller had said after the seven-day, hotly contested preliminary hearing that she would re-file.

“Continuing investigation is occurring around other outstanding matters and additional new charges may be forthcoming,” Parks Miller, who leaves office in January, said in a statement.

She also filed a request that a county judge appoint a new district judge for the second preliminary hearing.

The charges relate to the Feb. 4 death of Tim Piazza, a 19-year-old sophomore engineering student from Lebanon, N.J. He was found to have a fractured skull, damaged spleen and other injuries and to have consumed a dangerous amount of alcohol after he died following participation in a Beta Theta Pi pledge ceremony.

Recordings taken from the fraternity house’s extensive system of security cameras captured many of the events that night, including Piazza’s participation in a drinking “gauntlet” that required pledges to chug beer, wine and vodka.

Not long afterward, Piazza needed to be helped to a couch, and his most serious injuries may have occurred during a subsequent fall down a long flight of basement stairs.

The footage showed fraternity members taking ineffective and even counterproductive steps to help him, including pouring liquid on him and strapping on a loaded backpack to keep him from choking on his vomit.

Piazza was shown stumbling around in the dark overnight, then disappeared from view. He was found the next morning unconscious in the basement, but it took his friends about 40 minutes to summon an ambulance.

At the first preliminary hearing, defense attorneys argued their clients played minimal roles or did nothing that would constitute a crime. They argued the fraternity members didn’t anticipate Piazza would be fatally injured.

Lawyers for 10 of the defendants did not immediately return messages. One declined comment.

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