Chico victim's parents create website, foundation
 

(Thanks to Doug Case and Fraternal News)

Chico Enterprise-Record
September 13, 2005

Judge orders single trial in hazing case

By TERRY VAU DELL - Staff Writer
Chico Enterprise-Record

OROVILLE - A judge Monday ordered all seven defendants accused in an
alleged fatal Chico fraternity hazing case to stand trial together.

But that's not necessarily the end of the matter.

Attorneys for three of the students facing lesser misdemeanor charges
assert trying them with four manslaughter suspects would be "unduly
prejudicial." They will now seek to sever those cases.

Strongly in support of holding a single jury trial are the parents of
Matthew Carrington, the 21-year-old Chico State pledge who died Feb. 2 of
medical complications after allegedly being made to drink copious amounts
of water while performing rigorous athletic moves in a dank, wet basement
as part of a "Hell Week" initiation at the defunct Chi Tau fraternity house
in Chico.

"They were all in that basement together; they can all stand trial
together," reasoned Debbie Smith, the deceased student's mother.

In court Monday, Judge Stephen Benson granted a request by District
Attorney Mike Ramsey to consolidate the seven fraternity cases for an
estimated 20-day jury trial scheduled to start Nov. 2.

Ramsey contended all seven fraternity defendants were legally joined when
he named them in the same criminal complaint, but said he brought the
consolidation motion at the request of the court.

Given what he termed the common evidence, holding one jury trial makes
sense in the sake of "judicial economy," for witnesses and jurors alike,
the judge ruled.

Benson added he believes the fraternity hazing trial could be fashioned in
such a way to not prejudice the three misdemeanor defendants, Richard
Joseph Hirth, 22, Michael Fernandes, 19, and Trent Stiefvater, 20.

But lawyers for the trio strongly disagree.

They maintain their clients left the Chi Tau fraternity house some two
hours before Carrington died, making "legally irrelevant" to them anything
that happened after their departure.

Four fraternity members, Gabriel John Maestretti, 22, Jerry Ming Lim, 25,
Carlos James Devilla Abrille, 22, and John Paul Fickes, 19, were allegedly
present when Carrington suffered the fatal collapse and died later that
morning at a local hospital.

The four are charged both with hazing, which carries a maximum of one year
in jail, and involuntary manslaughter, a felony which could bring another
four years in prison.

Not only would it be unfair from a legal standpoint to try all defendants
together, it will also be more costly for his client, said Denny Forland,
the attorney for one of the misdemeanor defendants, Stiefvater.

The judge indicated he will hear defense motions to sever the misdemeanor
and felony cases on Sept. 26.

Given Benson's comments in court Monday, Thomas Clute, Fernandes' lawyer,
expressed little optimism of prevailing.

Carrington parents, who have come up from the Bay Area for every court
hearing since their son's death, are now dramatizing their loss in
different ways to try to put an end to fraternity hazing.

Smith has recently created a Web site in her son's honor -
"wemissyoumatt.com" - which provides background information about the Chico
State student, while encouraging comment on his death.

Carrington's mother has also contacted local legislators asking them to
sponsor a bill to create "Matt's Law," which would remove hazing from the
education code and make it a felony, punishable by prison in cases of
severe injury or death.

"No one should be doing this to another person, regardless of whether
they're students," said Smith, who plans later this month to address
sorority members at UC Berkeley on the dangers of hazing.

Michael Carrington, meanwhile, has helped to establish a nonprofit
corporation, "The Matt Carrington Project," which he said is aimed at
"promoting awareness about the heinous nature of student-on-student
violence in all its ramifications, such as hazing, binge drinking ...
rookie athlete initiations - especially in high school - and bullying (in
the) elementary and middle schools."

He said the group will primarily target K-12 students, as well incoming
college freshman through public speaking events, similar to a talk the
deceased student's father gave last month at Chico State University.

Only last month, Carrington noted, a 19-year-old college fraternity pledge
in Southern California died of injuries sustained in an apparent tackle
football game without any protective pads or helmet. It is currently being
investigated as a possible hazing, according to police.

Fraternity defies Zingg's regulations
Mando Navarro
Assistant News Editor
September 14, 2005


After a four-week discussion, Tau Gamma Theta president Nicholas Angel-Gilliard, along with the rest of its members, made a decision that could cost the fraternity university recognition.

They decided to ignore President Paul Zingg's list of 59 recommendations for Greeks to follow this semester, and they will go ahead with recruitment this fall, Angel-Gilliard said.

"We liked Zingg's rules, they just went against our core values," he said. "We want new members."

The Alpha Chi sorority has already been suspended this semester for attempting to recruit new members.

Tau Gamma Theta ran an advertisement in The Orion today on A7 telling Zingg the members are aware they will likely lose university recognition, like Alpha Chi, but recruitment is just too important.

New members bring in more money and also help create a more established fraternity, said Roger Godfrey, vice president of Tau Gamma Theta. But that wasn't why they released the advertisement.

"It's not a money issue," he said. "It was us standing up for our belief."

Zingg issued the recommendations this summer after a semester full of ordeals, such as the death of a Chi Tau pledge who died in the basement of the fraternity's house after what police call a hazing ritual.

Tau Gamma Theta was not involved in any of the negative incidents, so fraternity members feel they are taking a hit for the actions of others, Angel-Gilliard said.

"It wasn't fair to punish the whole Greek system," he said.

While Zingg declined to comment specifically about Tau Gamma Theta, the recommendations are a way to help all Greeks, he said in an e-mail.

"The new guidelines challenge the Greeks to live up to their own stated ideals and values, in alignment with those of the university," he said. "If they characterize this challenge as 'punishment,' then that is an unfortunate and shortsighted characterization on their part."

But Godfrey doesn't agree with Zingg.

"Just punish those that broke the rules, broke the law," he said. "We didn't do anything wrong. Not all Greek organizations are that irresponsible."

Another problem members have is Zingg's authority outside the university.

"Allow us to dictate our own future," Godfrey said. "What authority does he have?"

Charlie Preusser, alumni adviser of Tau Gamma Theta, owns the fraternity house on Chestnut Street, and he doesn't understand why Zingg can control what goes on in his house.

"I can't have a beer in my own house?" he asked. "What gives the university the right to mandate rules for how a student lives in a house off campus?"

On Aug. 15, Preusser sent Zingg an 18-page response regarding his list, questioning his authority. He never received feedback from Zingg, Preusser said.

"This is a program planned for failure or the result of a lack of understanding of students," he said. "The university for years has only attempted to control Greeks not foster them."

And Preusser said the rules aren't technically legal.

The Constitution gives Tau Gamma Theta members the right to form an association and to choose members, he said.

"The mandate that fraternities must exclude certain classes of students is clearly a violation of the right of association," he said.

Preusser envisions that in years to come many potential fraternity members will not want to join a fraternity with such harsh rules, he said.

"I cannot believe that many Chico State young men would choose to live in a house where they couldn't have a beer with their roommates while watching Monday Night Football," he said. "Why join an organization that tells you how to live your life?"

Already planning for life after suspension, Tau Gamma Theta members will still consider themselves a fraternity, hold events and volunteer in the community, Godfrey said.

"We don't want to change our ways," he said. "We're fine as it is."

Tau Gamma Theta's faculty adviser, Homer Metcalf, respects the fraternity's actions and supports all of its decisions, he said.

He feels, like Preusser does, that Zingg had other options than punishing all Greek chapters.

"Don't put all the Greeks together," he said. "Advising has turned into policemen."

Although two Greek organizations could lose university recognition, the Greek system as a whole could actually strengthen, said Rick Rees, associate director of student activities.

"It's like any organization that has individuals that weren't pulling in the right direction," he said. "Get rid of the bad ones."

Rees plans to send a letter to Angel-Gilliard after he sees the advertisement in today's paper, he said. The letter will say the fraternity is suspended from the university because it broke Zingg's rules.

"If you continue to speed, you get a ticket."

The irony of that is this: Chi Tau wasn't a recognized fraternity either, but it's the fraternity that had the key issue that sparked the crack down all around. So, now there will be more unrecognized groups.

The campus paper at CSU-Chico has an opinion piece that criticizes Tau Gamma Theta (and also Alpha Chi) for their opposition to the recruitment moratorium. Interestingly enough, in light of the California law concerning the makeup of the CSU system's trustees, the opinion piece is entitled "Hasta la vista."

http://www.orion-online.net/vnews/di.../432c87a3d36bd

Hi, AlphaPhiBubbles.

Interesting statement about Cal Poly-San Luis Obispo. I was under the impression that there was still a Greek system there, with national, regional, and local fraternities and sororities:

http://greeklife.calpoly.edu/index.html

I sure could be mistaken -- I'm no expert on California schools. If you want to expand a little on what happened to Greeks at San Luis Obispo, that would be interesting.

Cal Poly SLO does have a greek system, my bf was a delta chi there and that chapter is still there as far as we both know.

Maybe she was referring to the other Cal Poly? :p

He was kidding, Bobby luuuuurves Cal Poly Pomona...go broncos ;).