Chico Sentencing...An Update
 

Chico Enterprise-Record
October 28, 2005

Cuffed and jailed: Fraternity brothers sentenced after guilty pleas
in hazing death

By TERRY VAU DELL - Staff Writer
Chico Enterprise-Record

OROVILLE - The parents of Matthew Carrington say they hope jail terms
handed down to four Chico fraternity brothers - who pleaded guilty in
court Friday to the hazing death of their son - will help deter such
"irresponsible" acts in the future.

The deceased pledge's mother, Debbie Smith, said although "I know
that Matt's death was never intended, I hate that the last three days
of Matt's life were so torturous. ... My pain is so great that at
times I don't know how I'm going to make it." She told the defendants
through tears Friday.

In separate statements of remorse, the four convicted Chi Tau members
admitted that forcing Carrington to drink gallons of water while
performing rigorous exercises in a frigid basement as part of a "hell
night" initiation into the rogue fraternity was both "stupid and
dangerous."

Carrington, a 21-year-old Chico State University freshman, collapsed
Feb. 2 during the third and most strenuous night of the fraternity
rite and died about an hour later at a local hospital.

An autopsy determined the excessive water intake under such extreme
conditions caused his heart to stop.

It was at least the third fatal hazing case at Chico State in the
past decade, but the first case resulting in any felony convictions,
according to District Attorney Mike Ramsey.

Before a phalanx of local and national news cameras in Butte County
Superior Court Friday, Ramsey condemned Carrington's death as
"madness" and said he hoped the jail terms will send a message to
other fraternities that engaging in any type of illegal hazing has
"serious consequences."

Besides sentences ranging from 90 days to one year in jail, the four
defendants, Gabriel John Maestretti, 22, Carlos James Devilla
Abrille, 22, Jerry Ming Lim, 25, and John Paul Fickes, 19, must
participate in an "anti-hazing outreach program" as a condition of
probation. They must also pay fines totaling up to $3,100.

Because one of their lawyers was facing a family emergency, court
proceedings were continued to Nov. 23 for two remaining
co-defendants, Trent Stiefvater, 20, and Richard Joseph Hirth, both
charged with misdemeanor hazing only.

The guilty pleas by the four felony suspects Friday averted a jury
trial that was scheduled to start Wednesday.

Tears flowed freely as relatives and close friends of the deceased
pledge, all wearing his favorite color red, and sporting buttons with
Matt Carrington's picture, remembered him fondly in court and
denounced the way he died.

"What really stinks about the situation is that Matt didn't choose to
die, these guys on trial right here made that decision for him," said
Andrew McPhee, a close friend of the victim.

Calling their actions "selfish and cowardly," McPhee said as bad as
the torture the fraternity members put Carrington through, what
bothers him more is "they let Matt die alone, by himself with no
concern over anyone's well-being other than their own."

Unable to get through his own written address, the deceased pledge's
stepfather, Greg Smith, had his cousin, Rich Smith, read it for him.

Describing the stepson he helped raise as "an example of everything
good in this world, "he said he had no qualms about him attending "a
party school" like Chico State.

"He knew how to have a good time, but how not to take it to excess,"
Carrington's stepfather noted.

"I do know one thing for sure," he told the judge, "these young men
that were in that house that night don't have an ounce of
responsibility or give a damn about anything but their Greek system.
... If they really gave a damn just one could have made a difference,
if they would have just stopped it, but they didn't, not one of them."

Michael Carrington, who has created a nonprofit foundation aimed at
bringing public awareness to combat all student-on-student violence,
was overcome with emotion as he described the "sense of
powerlessness" he felt when notified by police that his son was dead.

"The fact that all you are pleading guilty to your crime brings me no
comfort," he told the four fraternity members.

"I want you all to remember that you didn't just accidentally kill a
pledge; you killed Matthew William Carrington," the victim's father
added, sobbing.

Standing before an enlarged photo of a smiling Carrington taken on
his 21st birthday, Ramsey pointed to the 5-gallon water jug which
figured prominently in the Feb. 2. fraternity death.

"We will no longer accept the killing of our best and brightest in
some stupid, macho initiation test of manhood," the district attorney
said.

Ramsey explained afterward that the disparate sentences handed down
Friday reflected the varied level of involvement in Carrington's
death among the four fraternity brothers.

Maestretti, the "most culpable," in the prosecutor's view, pleaded
guilty as charged to involuntary manslaughter and hazing and
receiving the stiffest sentence - one year in jail. He also is barred
from using alcohol and must reside in a "clean-and-sober living
environment" when he gets out of jail.

Reading from a prepared statement, the heavyset Maestretti, who like
the other felony suspects had faced up to four years in prison if
convicted at trial, apologized to Carrington's family for his
actions. But he said he didn't feel he deserved their forgiveness.

"Hazing is not funny. It is not cute, It is stupid and dangerous,"
said Maestretti. "It is not about brotherhood, but about power and
control. ... My actions killed a good person," he acknowledged.

"I accept my punishment with the hope that it will serve as a warning
to others not to follow the path I did," the Chico fraternity member
added.

Similar written statements were read by Fickes, Abrille and Lim.

Lim, who at the time of Carrington's death was the Chi Tau "pledge
general" in overall charge of the fraternity initiation ritual,
agreed that "hazing is wrong. ... It demeans and humiliates people,
and as the tragedy of this case demonstrates, it can destroy lives,"
he told the courtroom.

While "nothing I can say here today will bring back Matthew
Carrington or lessen the grief that his family feels, I want them to
know that I will do whatever I can to inform others of the stupidity
and dangerousness of hazing," Lim added.

Both Fickes and Lim pleaded guilty Friday to a felony accessory
charge in addition to misdemeanor hazing and received identical
180-day jail sentences from Judge Stephen Benson. Like Maestretti,
they were also placed on five years formal probation.

Abrille, who Ramsey said had left during the night and may have
returned to the Chi Tau house after Carrington suffered the fatal
collapse, pleaded guilty to a single misdemeanor hazing count. He was
sentenced to 90 days in jail and three years probation.

On Oct. 3, Chi Tau member Michael Fernandes drew a 30-day jail term
after entering a guilty plea to a single misdemeanor hazing count.

Kevin Sears, Ficke's attorney, called Friday's resolution "equitable."

He said all four of the defendants had had gone through the identical
initiation ritual and would never have put Carrington through it if
they thought it was dangerous.

Carrington's family also seemed in general agreement with the way the
high-profile hazing case was resolved.

"I only hope that this will prevent more such tragedies," said
Carrington's mother, who in recent weeks has given talks about the
dangers of hazing to one or more sororities in the Bay Area, where
she lives.

Though "not common," Ramsey said a similar water hazing ritual led to
the death of a fraternity pledge in Pennsylvania last year and may
have figured in at least two other student deaths.

The district attorney said he felt news footage of the four Chico
fraternity members being handcuffed and led off to jail Friday, is
the "best deterrent" against such hazing.

Among national media covering Friday's court sentence, was syndicated
TV show "Inside Edition," NBC's "Dateline" and National Public Radio.

I really dont know what to think in this situation?:(

The most inane thing is "We did it and Lived" type thing is just the same so to speak about any Hazing.:( But it didnt happen this time and a Young Man Died.

Sentence, not sure if to light or not. It wasnt intintional and I am sure that was taken into account. How does one rank Stupidity?

Chi Tau hazers get off easy
November 09, 2005
(Opinion column from campus newsp.)

No amount of restitution can make up for killing another person.

Death is irreversible, and judges generally take this into consideration when doling out punishment. Some of the harshest punishments, including the death penalty, are reserved for killers.

And yet there is a loophole.

If you're a college student and you've killed someone through a hazing ritual, then the harshest penalties won't be reserved for you.

On Oct. 28, four former Chi Tau brothers pleaded guilty to misdemeanor hazing charges. Three of the men also pleaded guilty to the more serious charge of involuntary manslaughter.

The actions of these men, involuntary or not, led to the death of Matthew Carrington in February.

Carrington is gone forever, and these men will be in jail for one year or less.

The most serious of the sentences was for Gabriel John Maestretti, who continued Carrington's hazing long after the other brothers were done, police have said. He was sentenced to one year in jail and a $3,160.79 fine.

Across the country, young people are dying from hazing. From 2001 to 2002, at least seven fraternity men died from hazing-related activities, according to author Hank Nuwer's online hazing database. And yet rarely are those responsible for hazing charged with crimes or given the sentences they deserve.

In 2001, three pledges at San Diego State almost died after they were ordered to drink by older fraternity members. The incident was labeled a "close call" and no one was given jail time.

In 2002, Alberto Santos drowned during a fraternity initiation at the University of Nevada at Reno. The prosecuting attorney declined to file charges against any of the men involved.

In 2003, in a case eerily similar to Carrington's, Walter Dean Jennings died of water intoxication during a fraternity hazing ritual at Plattsburgh State University of New York. Of the more than 10 people involved, only one fraternity member received jail time. The rest were ordered to take part in an anti-hazing documentary.

These pseudo-punishments aren't enough. If courts are going to put an end to hazing, then hazers need more than a year of jail or community service.

They need actual prison sentences -- the same as any other dangerous criminal.

People who murder their spouses are looked at as scum. More than half are charged with manslaughter and sentenced to an average of 13 years in prison, according to the U.S. Department of Justice. But what's different about killing a spouse or killing a fraternity pledge?

In both cases, a person is dead. And yet time and time again the fraternity member will get a lighter sentence than the spouse-killer.

In some cases, lying gets a harsher sentence than hazing.

Rapper Lil' Kim is serving 366 days in prison for perjury. She is spending more time behind bars for lying than Maestretti will for manslaughter.

Whether the Chi Tau brothers meant to kill Carrington or not, he is gone.

Hazing is never meant in good fun, and forcing pain on someone isn't just a prank.

Expulsion, community service and fines are not enough when it comes to hazing someone to death.

If hazing is going to stop, then the next people who commit this crime should be made examples of. Their punishment should reflect the harshest penalties allowed by law.

Hazing is a crime, and it is not going to stop until it's taken seriously in court.

Stephanie Teague can be reached at

opinioneditor@orion-online.net

http://www.wemissyoumatt.com/mattstory.html

Matthew's Story
We Miss You Matt

Matt was special from the day he was born, we knew that he was meant for something great, but what we didn't know is that he would not live to see what all he would accomplish. In life Matt was fearless and endearing, a joy to be around, I am still amazed by how many lives he touched in his short 21 years of life. I got a call from the Diablo Valley College School paper shortly after Matt's death and the reporter asked me to describe Matt, one of the words I used was Sweetheart. She said "I can't tell you how many people use that word to describe Matt" but I knew how many would use that word because that is exactly what Matt was a true Sweetheart. Matt always put others before himself he lived by the motto "Do unto others as you would have others do unto you." Unfortunately not everyone lives by that same motto, which our family found out when we learned about how Matt's life was senselessly cut short.
On February 2, 2005, Matt was left to die of water intoxication on the floor of a cold, wet, sewer infested fraternity basement in Chico following hideous acts of hazing. He was terribly degraded and mistreated for the last three days of his life, all for the purpose of gaining admission into the fraternity, demonstrating his worthiness, and satisfying the brotherly love that the fraternity members promoted. Seven Chi Tau Fraternity Members have been charged with hazing and four of those have also been charged with felony manslaughter. The court hearings are ongoing; a tentative trial date has been set for November 2, 2005.

Through Matt's death we hope others (parents and students) will learn before it is too late that fraternities and fraternity rituals can be coercive and dangerous. There are people out there who will take advantage of your good nature even though you may think that you are immortal because you are young and strong, fearless and good. You cannot succumb to the pressure and let others degrade or endanger you in order for them to feel better about themselves. Hopefully more children will be taught to live by the motto "do unto others." If everyone could make this a way of life then maybe we could put a stop to these senseless deaths of our children and loved ones. I think Mark Yu (one of Matt's best friends) was right and put it best when he said, "If everyone treated others the way Matt did we wouldn’t have any problems in society.”

~Matt's Mom; August 10, 2005~


On Monday October 3, 2005 one of misdemeanor’s changed his plea to “no contest” receiving 30 days in jail, one-year probation, loss of student financial aid and was ordered by the court to participate in anti hazing work and must write a letter of apology to Matt’s parents.
On October 28, 2005 Matt supporters donning red and displaying their Matt Badges filled the courtroom along with a jury box full of reporters as the four defendants charged with involuntary manslaughter and misdemeanor hazing changed their not guilty pleas. Sentences ranged from 90 days to one year in jail and 3 to 5 years probation, for the four defendants who must participate in an "anti-hazing outreach program" as a condition of their probation. They must also pay fines totaling up to over $3,100. They are currently working on an anti-hazing documentary with me.

On November 23, 2005 the final two charged with misdemeanor hazing pled not guilty and no contest receiving 30 to 45 days in jail and three years probation, with a loss of student financial aid, and must write a letter of apology to Matt’s parents.

We learned during this time that the California Hazing Law is quite flawed and are in the process of having it changed so that other families will not have to endured not only the pain of losing a loved one but the agony of those responsible possibly not being held accountable for their actions. Matt’s Law will not only make sure that if you participate in these acts you will suffer the consequences but more so will hopefully teach those that are considering doing this to someone to think twice before taking the chance of losing their freedom.

Click here to learn more about Matt's Law and and how you can support it.

I love you Matt.

~ Matt’s Mom; updated March 6, 2006~

The Orion
California State University, Chico
May 24, 2006

Cal State-Chico greeks comply with university rules, improve image

By Jennifer Scholtes, The Orion

One year ago, the Greek Life Task Force presented a report to President
Paul Zingg that gave Cal State-Chico fraternities and sororities an
ultimatum: Get better or get out.

Although the Greeks still have a long way to go, they have improved their
system, university officials said.

"Compared to last year at this time, we've made tremendous progress," Vice
President for Student Affairs Jim Moon told the Academic Senate on May 2.
"I wouldn't have predicted that a year ago."

The Greek system was asked to revamp May 16, 2005 after events that
included the near death of a pledge because of alcohol poisoning in January
2005, the death of a pledge during a hazing ritual in February 2005 and the
April 2005 discovery that a fraternity had filmed a pornographic video in
its chapter house.

To improve themselves, the Greeks were asked to limit alcohol consumption,
focus on academics, develop leaders, increase community service and
philanthropy, and stop hazing.

In response, the Greeks voted this semester to not recruit first-semester
freshmen and not have alcohol at socials held at chapter houses. In
addition, the Academic Senate made a rule that all university-recognized
Greek organizations must have average chapter GPAs of 2.5 or higher.

The Greeks have achieved their community service and philanthropy goals by
supporting causes such as the Boys & Girls Club and Hurricane Katrina
relief. And Greek adviser Larry Bassow said he thinks hazing has
drastically decreased.

Bassow looks at this semester as phase one of ongoing improvement, he said.

"We're still in business, which is good," Bassow said. "And we've been able
to lay the groundwork for a new Greek system. But I think you will see more
next year."

Bassow wants to see underage drinking in Greek organizations continue to
decrease. He wants a successful fall recruitment even though first-semester
freshman won't be involved. And he wants to see all fraternity and sorority
members embrace the improvements rather than just the Greek leadership, he
said.

Some members are upset about the changes, but now that there are two Greek
advisers, Greeks are able to get more assistance in making changes and
understanding the importance of the Greek system's goals, Bassow said.

"Them coming to us is a sign that they're hearing us," he said. "I tell
them, 'If you want to play fraternity, it's going to be different.'"

Greek adviser Connie Huyck said she thinks Greeks are starting to
understand why things need to improve.

"It's been a long year since last spring," she said. "But we are finding
ways to have fun within the rules."

Although Bassow and Huyck think the Greek system has improved, but it will
take longer for the community to recognize the changes, they said.

But Zingg has already started to see a response to the system's
improvement, he said.

"From a lot of community feedback, I believe that the larger community has
seen positive changes with the Greeks and is confident that we're headed in
the right direction," he said in an e-mail.

But like Huyck and Bassow, Zingg realizes Greek improvement is an ongoing
process, he said.

"A lot of good can be undone with a little bad," Zingg said. "And the
Greeks here have had more than their fair share of the latter."

Despite recognizing the chance of failure, Zingg is optimistic the Greek
system is making progress and will add to a positive image of Chico State,
he said.

"We're building on the best of the Greek tradition here, and we're taking
steps to lessen the chances of the bad being our only story."

(C) 2006 The Orion



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Tom (and others) -- glad to see that Greek life at Chico is getting some positive recognition. Congratulations to the chapters, advisors, and staff who've worked hard to make it happen. Unfortunately, other groups at Chico -- like the debate team -- need some help, too, as a CBS station in the Bay Area is reporting on the Saturday before Memorial Day:

http://cbs5.com/topstories/local_story_147170229.html

Is there something flowing in the water at Chico State?

It looks like a beautiful Campus but is rift with problems.

Maybe, finally a turning Point at Chico!:cool:

This month’s (October 2006) issue of Playboy magazine features an article on the hazing death of Matthew Carrington.

This was a monumental case with regards to hazing in California and led to Governor Arnold Schwarzenegger signing "Matt's Law" which declared hazing to be a felony in that state.

I know that Gabriel Maestretti was given one year of prison and 5 years probation after pleading guilty. I believe he's still involved in an anti-hazing organization.