Judge won't reduce charges in SMU-APA hazing

[hoosier]

SMU Hazing Hearing

May 20, 2004 3:36 pm US/Central
A state judge today refused to dismiss indictments against eight men, accused of injuring an SMU student during a fraternity party last year.
The men, Raymond Augusta Lee, 26, Onyekachi Ibekwe, 27, Filmon Fasil Berhe, 24, Uche Stanley Kalu, 24, Brandon Burnett Perry, 21, Cornelius S. Smith, Jr., 22, Eric Adaryll Bowie, 26, and Jason Kirkpatrick Harkey, 24, are charged with one count each of aggravated assault resulting in serious bodily injury, a second-degree felony in the November 15, 2003 incident.
Attorneys for the men argued that the indictments against their clients should be thrown out because, they believe, felony charges are inappropriate in this case, and that a misdemeanor hazing statute should have been utilized.
State District Judge Karen Greene disagreed, denying the Alpha Phi Alpha fraternity members' motion to quash the indictments.
The charges stem from a November 15, 2003 incident, in which a fraternity pledge, 21-year-old Braylon Curry, slipped into a coma after he became over-hydrated while drinking a large amount of water inside an apartment near the Southern Methodist University campus.
Authorities believe the injuries were the result of a hazing ritual, conducted for pledges to join the fraternity. Detectives say that along with consuming large quantities of water, pledges were struck as they were made to consume alcohol and hot sauce.
Curry was hospitalized for several weeks following the incident. He has since been released and is expected to make a full recovery.
If convicted, each of the eight men face up to twenty years in prison and fines of up to $10,000. They are all currently free on bond.
Trial dates in the cases have not yet been determined.

[swissmiss04]

Ugh that's just cruel. To overhydrate you have to drink vast vast quantities of water. As in gallons. To be forced to do that is wrong. I believe the felony charge should stand.

[g41965]

I'm a criminal attorney in Dallas and I know Karen Greene she is states oriented but this indictment should stand as it does state a prima facia offense.
To commit Ag. Assault in Texas the state specifically in this case pled That the Defendant intentionally knowingly or recklessly caused bodily injury to another,the victim, by exhibiting or employing a deadly weapon,water, that in its manner or usage caused serious bodily injury or death to the victim.
A deadly weapon can be anything that by it's use caused serious bodily injury or death.
The DA's will of course say the Defendant's recklessly caused the vitims injuries by employing a deadly weapon to wit: water, that by its manner or usage can and in this case did cause serious bodily injury.
A prima facia case exists applying the statute to the facts at hand and I wouln't have quashed indictment. APA's have Scottie Allan as one of their attorney's he's good with a Jury this will be close if it goes to trial, depends on the Jury panel .
I'll keep Greek Chat posted.

[RAVEGIRL]

I AM NOT GREEK BUT I AM SERIOUSLY CONSIDERING, BUT THINGS LIKE THIS MAKE ME MAD AND ARE RIDICULOUS!!!!IT IS NOT THAT SERIOUS!!! IT IS A SHAME THAT PEOPLE ARE DYING TO BE A PART OF A "CLUB"(NO DISRESPECT) I THINK THE CHARGES SHOULD STICK AND THOSE MEN SERIOUSLY DESERVE A LONG TIME IN PRISON.HAZING IS TAKEN TOO LIGHTLY! I SEE IT AS "WE'RE GOING TO TRY TO KILL YOU AND IF YOU LIVE, THEN YOU CAN JOIN US", THAT IS ATTEMPTED MURDER IF YOU ASK ME. YOU GUYS OUT THERE, PLEASE TRY TO CEASE HAZING!!!I AM NOT SAYING PASS OUT FREE LETTERS, BUT THERE ARE OTHER LESS SEVERE WAYS.

[Kevin]

Rave, I'm not trying to come down on you in any way, so if you feel like I'm attacking you, I'm not.

But it's apparent that you haven't read very many of these threads in the risk management area. Truthfully, hazing is becoming less and less a part of Greek Life. When you read about it in the paper, that is the exception, not the rule.

I personally wish that hazing cases were always prosecuted to the fullest extent of the law. In fraternities, even the chapters full of members that do obey the law have to pay for idiots such as the ones in the originating post of this thread by way of insurance premiums. Most of us here agree that hazing is wrong. The vast majority of us never were. I know as a founder of my chapter, that if I ever find out about even a hint of hazing in my chapter, I won't rest until the hazers have been removed from the organization -- I did it once when we were a colony, I'd have no problems doing it again.

Most of us have ZERO tolerance for these kinds of things. The reason that we're not all railing on about this one is that everyone knows where everyone else stands -- and nearly all of us would jump at the chance to testify for the prosecution in this case if asked.

[AKA2D '91]

There should be a ZERO Tolerance position for PARTICIPANTS.

How can one do anything NON-SANCTIONED if you do NOT have PARTICIPANTS?

[Kevin]

Originally posted by AKA2D '91
There should be a ZERO Tolerance position for PARTICIPANTS.

How can one do anything NON-SANCTIONED if you do NOT have PARTICIPANTS?

It gets tricky there. If you want people to come forward about being hazed, to turn around and punish them or their pledge brothers/sisters who got hazed but didn't come forward might not work to your favor.

In theory, it might sound like what should be done. However, in practice, I don't think it would work out for the best.

[Tom Earp]

ktsnake, I think what many people are pointing out with their Heat over something of this nature is not rightousness, but disgust with what has happend in the situation.

I too abhor what has happened there as we all are.

But once again what people do not seem to realize that any event that is run by a Greek Organization and anything like this or any suggestion of hazing will be put under the microscope for mis-doing.

I cite the incident at USIl, where some people drowned. Hazing, from the sounds of it no.

But has it been handled like is, no. Has the Chapter been suspended and the Charter Revoked, yes.

It sounds like an outing gone awry but still, the results are the same!

[texas*princess]

I definitely agree w/ Swissmiss & g41965.

To do something like that knowingly is disgusting, and I hope this will show not only other Greeks in the Dallas area, but everywhere, that courts aren't just going to toy around with hazing and causing bodily harm.

[g41965]

I think that the Jury will find that this agg assault is based on reckless behavior, the lowest of the three mental states allowed for conviction under the statute.
I don't think there was any conduct or desire to intentionally injure, but there was callous diregard and reckless behavior leading to serious bodily injury the statue requires no more as a mental state. I could see a Jury convicting and then giving a probated sentence.

[Tom Earp]

I am sorry, but does that mean it just got out of hand?

I talked with a Kappa Friend of mine and he is upset very much and worried about The National getting Bankrupt for Risk Management.

Now, that is a worrisum thought.

Not his but still a fellow Greek Orgainization.

g41965, I hope this does not mean that they get off with a slap on the hands.

A probated sentence, well, I hope that The National comes down on the individuals envolved very hard and places the Chapter on some form of strict Probation or suspension.

A lose of life is a very sad thing when it is supposed to be a fun and Great Time for them.

[g41965]

I don't think probation for a second degree felony inTexas is all that enjoyable. If the Jury probates the Judge can impose up to 180 days in the County Jail as a term and condition of community supervision, my guess is that Judge Greene would give some jail time.
I think the Jury will give probation for the following reasons.
1. Age of Defendant's
2. Fact of no or very little prior records
3 Victim probably does not want prison.
4. minimum term in state pen is 2 years and on an agg offense this is almost always a serve all.
5. Lack of specific intent to hurt victim, and the fact that ,even though it does not constitute a defense, the victim did consent.

Its real hard to sit on a Jury and send a young man to prisonfor a first offense when no harm was intended. I'd bet that its convition on Agg Assault 10 years probation with 120 days in jail.

[john1082]

Nobody died, and that is good. Even so, they were pretty stupid! I have no clue if a civil suit has been filed or not. That "Greenback Poultice" should make the pledge feel better.

Four months in the county jail may be about right for what transpired. I have no sympathy for the actives that were involved. It was wrong, plain and simple. Some jail time would certainly send a message to the Texas Greeks that this conduct is inappropriate.

[Tom Earp]

Well,

I guess what ever the out come will be is a strong reminder and a wake up call to everybody else!

Granted, there was no intent to do bodily harm to this person or any others, it is hard to Prosecute for Stupidity!