05-09-2017, 12:59 PM
(05-07-2017, 12:34 PM)bfine32 Wrote: What can they be charged with and why?
If they had called 911 as soon as he fell and he still died; should they have been charged?
Looks like most of them are being charged with "involuntary manslaughter". This is not an "intentional" killing. Instead it is a death that is the result of reckless or grossly negligent behavior. It is generally the lowest level felony.
State has to prove that the actions of the defendants were reckless or negligent and they also have to show that there was a casual link between the behavior and the death. The negligent behavior would be the failure to call for assitance or the manner in which they attempted to render aid.
Considering that the guy lived for 10 hours after the fall it seems likely that if he had prper treatmetn in a timely manner he could have survived. But that is one of the things that has to be proven.
They may also claim that the promotion of over-consumption of alcohol by the frat was reckless. It is one thing to have a party where someone voluntarily drinks too much. It is another thing to make rules requiring someone to over consume alcohol in order to gain membership. Although seeking membership is still voluntary the Frat may still be liable for a policy that promotes over consumption. Don't know if this frat did this on the nioght of the death, but I do know that excessive drnking used to be a very common part of hazing.
