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Risk Management - Hazing & etc. This forum covers Risk Management topics such as: Hazing, Alcohol Abuse/Awareness, Date Rape Awareness, Eating Disorder Prevention, Liability, etc.

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  #16  
Old 11-11-2005, 09:01 PM
hoosier hoosier is offline
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Criminal complaint describes what happened at Moorhead fraternity

Robert Franklin,_Star Tribune

Last update: November 11, 2005 at 8:39 AM


As many as 200 people trekked through the fraternity house basement in Moorhead, Minn., as a deejay blasted music. Nearly everybody had a beer in hand, and some drank whiskey. Half or more of the partygoers were underage.

When the party was over, according to a criminal complaint, there were several hundred empty beer cans. And one student was dead.

The complaint, reflecting students' stories about the party at the Phi Sigma Kappa house on Sept. 22, was filed Monday as seven members of the fraternity were charged with a felony in connection with the death of Patrick Kycia, 19, of Stillwater, a sophomore at Minnesota State University, Moorhead. Two other members were charged with gross misdemeanors involving previous parties.

Kycia had a blood-alcohol content of 0.17, authorities said Monday.

The size of the party wasn't necessarily unusual, said Moorhead police Sgt. Shannon Monroe.

Kycia was drinking heavily at the party, a roommate said. He disappeared in the early morning.

Kycia was found five days later, dead from drowning in the Red River, about 2 miles away.

In the ensuing investigation, Moorhead police searched the fraternity's garbage, conducted lineups and did "upwards of 100" interviews, Monroe said.

The fraternity and defense lawyers could not be reached for comment Monday.

The fraternity's national office in Indianapolis previously denied that members gave Kycia alcohol. But the complaint quoted partygoers as saying Kycia drank beer, took long "pulls" from a whiskey bottle and became "extremely intoxicated" by 1 a.m., sitting on a stairway, resting his head against a wall and becoming nonresponsive. He apparently staggered from the house between 1 and 2 a.m., witnesses said.

Beer was selling for $1 a can, and Kycia, who was not a member of the fraternity, apparently had no trouble getting served that night. Others had no trouble, either. Some 18-year-old women said they got free beer. One 19-year-old said that for $20, he got all the beer he could drink and a bottle of whiskey. Police said they found 12 empty 30-can beer packages in the fraternity's garbage, along with six empty liquor bottles.

Six fraternity members appeared Monday in Clay County District Court in Moorhead on charges of felony sale of liquor to a minor resulting in death and two gross misdemeanors, selling alcohol without a license and procuring alcohol for a person under 21.

Released pending further court action were Marcus Carney, 21; Joseph Henschel, 22; Nicholas Gulmon, 25; Christopher Sayre, 20; James Sander, 23, and Jason Morris, 26. A seventh member is to face the same charges today.

Two others, Evan Narog, 22, and Raymond Ogren, 25, are to appear Oct. 25 on the two gross misdemeanor charges in connection with previous parties.

.

15 police calls

Parties were responsible for most of the 15 previous police calls to the house, according to the complaint.

The Sept. 22 party, another in August and the discovery of psychedelic mushrooms during the recent police investigation may give the city reason to suspend the house's rental license for six months or longer, City Manager Bruce Messelt said.

The university "is intently investigating any grounds to withdraw recognition" of the fraternity and, while student discipline is confidential, its administrators "certainly watch police reports with great interest," MSU, Moorhead spokesman Doug Hamilton said.

Kycia's was the second alcohol-related death connected to the fraternity in the past 18 months, authorities said.

Fraternity member Jason Reinhardt, celebrating his 21st birthday on March 21, 2004, tried to consume 21 drinks in one hour at Coach's bar. He died later that day at the fraternity house from an overdose of alcohol.

County Attorney Lisa Borgen, who appeared in court Monday, said, "We as a society need to take this more seriously."
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  #17  
Old 12-22-2005, 05:19 PM
johnbombpskTZ johnbombpskTZ is offline
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http://www.in-forum.com/articles/ind...8&section=news
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  #18  
Old 01-17-2006, 12:03 PM
moonlight03 moonlight03 is offline
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Quote:
Originally posted by James
Shame all the members of the fraternity will suffer because one kid was unlucky while drinking.
The main factor in this case is the lack of true facts. The media in a mostly crime free city picked up on a story and ran with it. The truth of what actually occurred has been completely overlooked.

For example...

Would you believe that one of the members charged in the case wasn't even home that night? That another was sleeping in the house and was also charged?

This house isn't even a fraternity house. It is owned and rented by individual members of the fraternity, but is not zoned "fraternity or sorority" by the city.

The party was thrown together by two men who did not live at the house, while most of those who lived at the house were at the bar. As far as the sales of alcohol, there is a HUGE difference in sharing a 30-pack of beer with a couple people and having them pitch in a few dollars and selling beer in large quantities for a profit in the basement of a house.

The lives of these men involved have been torn to pieces. They have lost jobs, failed classes, and lost all privacy. The city tried to take away their home, regardless that the courts had not determined if anyone was guilty.

The friends of the student that died admitted to smoking marajuana and drinking beer prior to attending the party. None them have been charged for supplying alcohol, using illegal substances, or anything relating to the death of their "friend".

No one invited the student who died to the party. He and his friends just showed up because they wanted to party. He had a history of mental illness, which has been overlooked. He has a history of drug abuse, which has been overlooked. There is evidence of suicide in this case... but all of it has been overlooked.

The loss of any young life is sad, but to ruin the lives of countless other students so the community will "feel something has been done" is outrageous and ridiculous.
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  #19  
Old 11-18-2006, 07:44 PM
exlurker exlurker is offline
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Update Nov. 18 '06: Million - Dollar Settlement; More Settlements May Come

A North Dakoa news source (In-Forum) linked to the Fargo Forum reports in a nNov. 18 '06 article that one of the twelve defendants in a wrongful deth lawsuit has settled for $1,000,000:

http://www.in-forum.com/News/articles/146687

The article indicates that the person who has settled will not pay directly --

. . . the money will come from the company that insured the fraternity's national chapter and its members, said . . .[the attorney] for Kycia's father . . . .

The insurance has refused to provide coverage . . .[to the defendant who has settled] . . . under the policy but Kycia's family will take legal action if that continues, the settlement reads. . . .


There may be more settlement agreements in the future. The wrongful death suit also names -- besides the person who has settled --

the university
the local fraternity chapter
the national fraternity
the owner of the fraternity house
and seven other individuals who were members of the fraternity at the time.

Comment: it's probably fair to say that insurance companies, other national fraternites and sororities (not just Phi Sigma Kappa), and college administrators -- and their lawyers -- will be looking at how this settlement and any others in this case play out.

Last edited by exlurker; 11-18-2006 at 07:47 PM.
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