Chico hazer/killer: 30 days in jail and probation

[hoosier]

Fraternity man pleads
A former Chi Tau member enters a plea of no contest to hazing after money runs out
Mando Navarro
Assistant News Editor
October 05, 2005


A former fraternity member charged with hazing pleaded no contest Monday afternoon after he ran out of money for legal fees, District Attorney Mike Ramsey said.

Michael Fernandes, 20, will face 30 days in jail and a two-year probation.

He pleaded no contest to hazing charges in relation to the death of Chi Tau pledge Matthew Carrington, who died in the frigid fraternity basement on Fourth and Chestnut streets Feb. 2, police said. Carrington died of water intoxication after he was forced to drink from a five-gallon water jug with cold water being poured on him while doing calisthenics, police said.

Fernandes, who could no longer afford attorney Tom Clute, is the first to plead no contest.

Two other former Chi Tau members also face a misdemeanor of hazing: Richard Joseph Hirth, 23, and Trent Stiefvater, 21. If convicted, they could face up to a year in prison.

Four members are charged with felony charges of involuntary manslaughter along with the hazing charges: Gabriel John Maestretti, 22; Jerry Ming Lim, 25; Carlos James DeVilla Abrille, 22; and John Paul Fickes, 20. They could face up to four years in prison.

Since Fernandes ran out of money, Clute filed a motion to Superior Court Judge Stephen Benson to withdraw from the case, Ramsey said.

Benson had two options in the matter, Ramsey said.

He could either appoint a public defender, which would push the trial back from Nov. 2 because the public defender would need more time, or he could appoint Clute at Butte County's expense, which would be about one-quarter of what he usually makes an hour, Clute said.

Ramsey, who discussed the options with the judge, disliked both options and wanted Clute to continue with the case without pay, showing commitment to his client.

"Neither option was appropriate under the law," Ramsey said.

Before Benson had a solution, Fernandes told Clute that he wanted to plead no contest, Ramsey said.

Clute was surprised, he said.

"We were geared to go to trial," he said.

Fernandes will be at the trial, but now he will be testifying as part of the plea-bargain process, Ramsey said. He will also have to cooperate with the investigation.

Having to testify against his former fraternity brothers won't be easy, Ramsey said, but it's necessary for Fernandes' own well-being.

Rex Garnett, who was dismissed of hazing charges during the summer, and Mike Quintana, the pledge who was in the basement with Carrington, will also testify from a videotape, he said.

Fernandes will begin his 30-day jail sentence after the trial is over, Ramsey said. The 30-day sentence was made because he was the first to plead, and he has shown great remorse by participating in anti-hazing services.

"Mr. Fernandes just wants to put this behind him," Ramsey said.