Tag Archive | "hazing"

Final two defendants sentenced in Starkey case

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Final two defendants sentenced in Starkey case


Defendants Russell Taylor and Adam Marszal pleaded no contest to misdemeanor hazing in the death of Carson Starkey Thursday morning in a San Luis Obispo County courtroom. They will serve 30 days in county jail, be placed on misdemeanor probation for three years and must serve either 40 hours of community service or give two presentations to students on the dangers of hazing, according to KSBY news article.

Taylor and Marszal were two of four defendants in the case and will report to jail Sept. 17.

Two other defendants, Zachary Ellis and Haithem Ibrahim, were sentenced June 8 to 145 and 45 days respectively in jail after pleading guilty to misdemeanor hazing. They too will also be placed in three years of informal probation.

Starkey, 18, died Dec. 2, 2008 during a fraternity pledge party at Sigma Alpha Epsilon (SAE). He was found unresponsive at a house after an initiation event called “Brown Bag Night” where pledges were given large quantities of alcohol.

Taylor, Marszal, Ellis and Haithem reportedly tried to take Starkey to the hospital that night but returned back to the home after Starkey began vomiting in the car. The next morning he was taken to Sierra Vista Regional Medical Center where his autopsy showed he died of respiratory arrest due to alcohol poisoning and his blood alcohol ratio was between .39 and .45 percent.

Starkey’s death also brought a civil lawsuit between his parents and nine former SAE members including the four being sentenced to jail.

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Carson Starkey trial results in jail time

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Carson Starkey trial results in jail time


Two defendants charged with felony hazing in the criminal trial of late Cal Poly freshman Carson Starkey pleaded no contest to misdemeanor hazing charges and will serve jail time.

Zachary Ellis and Haithem Ibrahim, former members of the fraternity Sigma Alpha Epsilon (SAE), will serve 120 and 45 days respectively in county jail and three years of informal probation as sentenced by San Luis Obispo Judge Michael Duffy on June 8.

Deputy District Attorney Craig Van Rooyen was in charge of the case and communicated with the Starkey family about the final decisions.

“This is supported by the Starkey family,” Van Rooyen said.

After Ellis and Ibrahim were sentenced, Starkey’s family was quoted in a press release issued by the non-profit organization WithCarson, which the Starkey family set up to fight hazing after their son died as a result of respiratory arrest due to alcohol poisoning following a SAE pledge event in December 2008.

“Carson told us he was looking for brotherhood,” Carson’s mother Juila said. “Would you call the way you treated him brotherhood? Your actions and your choices to not help him that night are memories you and I will have to live with the rest of our lives.”

Scott Starkey told Ellis and Ibrahim that they failed his son.

“Your culture failed him. Your organization failed him. Your failed attempts at brotherhood failed him,” he said.

The attorneys for both Ellis and Ibrahim did not return calls by press time.

Van Rooyen said it is important for fraternities to know that dangerous initiation practices can constitute criminal conduct.

“This sends the message that this type of conduct will not be tolerated,” he said. “We are taking Matt’s Law seriously.”

Matt’s Law is a California law in memory of Matthew Carrington, a student at California State University, Chico who died in 2005. The law allows felony prosecutions for serious injuries or deaths from hazing crimes.

Two more former SAE members, Adam Marszel and Russell Taylor, are still set to face misdemeanor charges July 1.

A civil suit against the former SAE members, the officers of the local SAE chapter at the time of Starkey’s death and the national chapter is ongoing.

Tim Miller, Kevin List and Raquel Redding contributed to this report.

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Judge set to evaluate Starkey civil trial in March

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Judge set to evaluate Starkey civil trial in March


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A San Luis Obispo judge delayed setting a date for the civil trial brought by the parents of Carson Starkey.

The wrongful death suit was filed against nine former members of Sigma Alpha Epsilon, the national Sigma Alpha Epsilon Fraternity and the Sigma Alpha Epsilon chapter at Cal Poly. Four of the former members are also currently being criminally tried.

The decision to set a trial date will be pushed back to March 18 after Douglas Fierberg, the lawyer for Julia and Scott Starkey, submits a case management proposal. The proposal is being required by judge Charles Crandall, after several of the defense lawyers raised questions about the conflict with the criminal proceedings, which are underway against four of the defendants in the civil trial.

Normally in a civil trial, defendants are compelled to testify about the events relevant to the case, but because of the two trial’s defendant conflicts regarding Starkey’s death, they may plead their fifth amendment rights in the civil case.

In court, Fierberg said that he thinks there is enough other evidence in the case to keep going with the civil suit. If judge Crandall does not agree with Fierberg after the case management report is submitted, Fierberg could delay the civil trial up to four years.

“We will not stop until everyone who was responsible for Carson’s death is held responsible,” Fierberg said.

The civil complaint filed by the Starkeys claims the defendants should have known that fraternity traditions like the “brown bag night” have a long-documented risk of death and serious injury.

“(The) defendants deliberately/purposefully took no reasonable, effective measures to enforce risk management policies to stop long-standing and dangerous pledging traditions … conscious of the dangers posed to pledges like Carson,” the complaint read.

Carson Starkey died on Dec. 2, 2008 after allegedly attending a fraternity event the night before. It was alleged fraternity members forced him to drink a large amount of alcohol. Starkey died from respiratory arrest due to acute ethanol toxicity or alcohol poisoning. Starkey’s blood alcohol concentration was between 0.39 and 0.45.

The case was filed on Sep. 22, 2009 to coincide with the beginning of the school year, said Ivo Labar, another lawyer representing the Starkeys.

The amount of money the Starkeys are suing for will be determined later.

The Starkey family has started a non-profit organization called With Carson, which aims to educate students about alcohol. A bill was also passed in Texas, Starkey’s home state, called the Carson Starkey Alcohol Awareness and Education Act.

“We will continue to honor Carson by doing everything we can to end wide-spread misconduct by fraternities,” Scott Starkey said in a press release last fall. “By bringing this lawsuit, we hope to bring attention to the dangers of hazing, cause fundamental change in fraternities and prevent other families from suffering as we have.”

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Carson Starkey trial update

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Carson Starkey trial update


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A San Luis Obispo Superior Court Judge denied a motion to dismiss the cases against Zachary Ellis and Haithem Ibrahim, the two former Sigma Alpha Epsilon members charged with felony hazing causing death of former Cal Poly freshman Carson Starkey.

On Monday Ellis and Ibrahim’s lawyers moved to dismiss the case due to insufficient evidence at the preliminary hearing in August. Their lawyers plan to appeal Monday’s decision not to dismiss the case in California 2nd District Court of Appeals in Ventura, which they must do by Jan. 26.

Both Ellis’ attorney, Richard Conway, and Ibrahim’s, Michael Burt, have argued that each pledge at the event on Dec. 1 voluntarily chose to drink the amount of alcohol he did.

Starkey died Dec. 2, 2008, of respiratory arrest due to alcohol poisoning; his blood alcohol concentration was between 0.39 and 0.45. The previous night he attended Sigma Alpha Epsilon’s pledge event called “Brown Bag Night,” where the 18-year-old was given copious amounts of alcohol to drink as part of a hazing ritual for the fraternity.

Ellis, Ibrahim, Marszel and Taylor were taking Starkey to the hospital the night of the pledge event but turned the car around when he vomited.

Marszel and Taylor  pleaded not guilty to misdemeanor charges for hazing causing death and furnishing alcohol to a minor causing death. Ibrahim and Ellis are also being tried with misdemeanor charges of furnishing alcohol to a minor causing death.

Carson’s parents, Scott and Julia Starkey, filed a civil lawsuit against the national fraternity, the local chapter and nine individual former SAE members on Sept. 22. In addition to five officers of the local SAE chapter at the time of Starkey’s death, Haithem Ibrahim, Zacary Ellis, Adam Marszel and Russell Taylor are being charged in the suit. A judge will  set the schedule for the civil trial on Jan. 26.

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One year after Starkey’s death, criminal and civil cases ongoing

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One year after Starkey’s death, criminal and civil cases ongoing


starkey-timeline

“You were handed a bag of alcohol and you were supposed to finish it all together. Some bags had hard alcohol, mine just had beer … We were drinking for like an hour,” Sauer said.

Tom Sauer, now a business junior, was a fellow Sigma Alpha Epsilon (SAE) pledge of Carson Starkey. He attended the pledge event called ”Brown Bag Night” on Dec. 1, 2008, the night before Starkey died from respiratory arrest due to acute ethanol toxicity or alcohol poisoning. Starkey’s blood alcohol concentration was between 0.39 and 0.45.

“I definitely got close to him in those couple weeks,” Sauer said. “I think it was a little different for me because I was a second year; I thought of it as more of a party. I didn’t feel pressured to drink.”

Now, a year after the death of 18-year-old Starkey, there is a civil lawsuit, criminal charges and numerous changes to Cal Poly greek life.

Starkey’s parents, Scott and Julia Starkey, filed a civil lawsuit against the national fraternity, the local chapter and nine individual former SAE members on Sept. 22 this year to coincide with the start of the academic year. Four of the nine individuals named in the suit include Haithem Ibrahim, Zacary Ellis, Adam Marszel and Russell Taylor. The night of the SAE pledge event, they were taking Starkey to the hospital but turned around after he vomited in the car. The other five people named in the lawsuit were officers of the local SAE chapter at the time of Starkey’s death.

All of the parties of the civil suit will appear in court on Jan. 26 and the judge will then set a schedule for the trial.

Ibrahim and Ellis are also being charged with felony hazing causing death and misdemeanor furnishing alcohol to a minor causing death. Marszel and  Taylor pleaded not guilty to misdemeanor charges for hazing causing death and furnishing alcohol to a minor causing death. When asked for comment, Ibrahim and Ellis said they were not to talk to the Mustang Daily by their legal counsel.

“It became clear that they (the students) supplied minors with alcohol,” said Stephan Lamb, assistant director of Student Life and Leadership.

Ivo Labar, one of the attorneys representing Starkey’s parents, was involved in the writing of Matt’s Law, a California anti-hazing law. It rules that those charged with hazing can be charged with misdemeanor and felony charges rather than lesser penalties, under which Ibrahim and Ellis are being charged.

The law came as a result of the death of Matt Carrington at Chico State University in February 2005 in series of events similar to what reportedly occurred in Starkey’s case. Carrington was forced to drink water from a five-gallon jug while doing calisthenics with fans blowing on him. The water intoxication was done as part of a hazing ritual for the unrecognized fraternity Chi Tau. Fraternity members did not call for emergency help for over an hour.

Since Starkey’s death, the Cal Poly greek community has undergone several changes. Although alcohol was never officially allowed in pledge events, Cal Poly officials are monitoring these events more closely.

Incoming pledges attended two sessions as part of their initiation into greek life. A panel made up of Cal Poly alcohol counselors, police officers and representatives from Sierra Vista Medical Center discussed hazing nationwide and how to handle it.

“We are trying to coordinate our efforts to educate the community,” said Mary Peracca, alcohol and drug specialist and panel member.

All pledges and new member educators were required to attend.

“They went over what could happen to you (consequences) and like when is a good time to take someone to the hospital,” said John Corgel, Delta Chi Associate member counselor in charge of new member education and journalism senior.

Pledge education and “Big Bro Week” have also changed as a result of last year’s incident.

After the indefinite suspension of the Sigma Alpha Epsilon fraternity by Cal Poly, Sauer decided to pledge again for Delta Chi in Spring 2009. During his recent “Big Bro Week” the activities included hiking to the Poly P, fishing and a scavenger hunt. When describing his pledging experience, he reiterated that there was no alcohol involved.

“I definitely feel like people are a lot more cautious,” Sauer said. “There is zero tolerance.”

Delta Chi wasn’t the only fraternity to see such changes. All fraternities and sororities officially chartered through Cal Poly’s Interfraternity Council (IFC) and Panhellenic Association have adopted similar measures, according to Lamb.

Incoming IFC president Andy Farrell said he hopes to improve the “toxic relationship” between the community and college students, specifically greek members. The changes he has seen since last December include the community changing its outlook, greater awareness of brothers, more unity and camaraderie and eradication of alcohol and hazing in all new member processes.

The changes coming from the highest levels of greek life seem to have infiltrated the individual level as well. Starkey’s death serves as a reminder of the finality of certain events.

“You are going to have to live with the consequences,” Sauer said.

The Starkey family has also begun several projects in and around Austin, Texas, where they live. The Carson Starkey Alcohol Awareness and Education Act was unanimously passed April 30 and took effect Sept. 1. It requires Texas school districts to implement an “evidence-based alcohol awareness program” into middle school, junior high and high school curriculum. The bill was supported by the Starkey family as part of their effort to educate people about hazing and the symptoms of alcohol poisoning.

Starkey’s family also started a non-profit organization called With Carson. Their Web site, withcarson.com, features news, projects and events they are organizing, a blog, apparel, photos, information for donations and links to the Facebook pages. One Facebook page, called  ”I LOVE CARSON STARKEY,” is a forum designed to “spread love and awareness.”  It was created by a peer and friend at Cal Poly, Tatum Barnes. The other page is called “1 Mil Aware,” and was created to “bring awareness to the all too common fatal effect of alcohol poisoning.”

In an e-mail, Barnes said that she hoped people would learn from Carson’s life.

“I hope that no one would think of themselves as invincible, and that people would live their lives with purpose, joy and selflessness, the way Carson did,” she said.

Today there will be a commemorative display to honor Starkey from 9 a.m. until midnight on the second floor of the University Union. It  was organized by greek student leaders, who will hand out green armbands for people to wear as a reminder of Starkey’s life and death. The display will also feature pictures and an excerpts from the eulogy delivered at Starkey’s memorial service by his brother, Hayden Starkey.

“Never let Carson die. He is in all of us somewhere. Some part of him is in us and to just carry on with that part and never let it die,” Hayden Starkey said at Carson’s memorial service. “Take whatever part of Carson you have and just use it for some good.”

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Defendants plead not guilty in death of Carson Starkey

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Defendants plead not guilty in death of Carson Starkey


arrests-carson-starkey-cal-polyThe last of four former Cal Poly students arrested in connection with a  hazing-related student death pleaded not guilty Thursday.

The charges are related to the death of freshman Carson Starkey who was found unresponsive in a local home in December 2008 after attending a Sigma Alpha Epsilon (SAE) fraternity party.

Earlier this week, Haithem Ibrahim, 20, Zacary Ellis, 22, and Russell Taylor, 22, pleaded not guilty to one felony violation of hazing causing death or great bodily injury and one misdemeanor violation of permitting a minor to consume alcohol.

Adam Marszal, 21, who appeared in court Thursday, also pleaded not guilty to a misdemeanor count of the same violations.

The four men were arrested on May 21. They each surrendered themselves  after warrants were obtained for their arrests and were booked at the San Luis Obispo County Jail, but each posted bail on the same afternoon.

Starkey died Dec. 2 after spending the night at an SAE  pledge initiation event called “Brown Bag Night.”

He was given large quantities of alcohol allegedly purchased by Ellis, Taylor and Marszal. Ellis, the SAE pledge educator, reportedly told the 17 underage pledges to finish their portions of alcohol within an hour and a half.

When Starkey became unresponsive later in the night, a few SAE members reportedly tried to take him to the hospital, but returned to the house on Highland Drive when Starkey began vomiting, police said.

The next morning Starkey was taken to Sierra Vista Regional Medical Center, where his autopsy showed that he died of respiratory arrest due to acute ethanol toxicity, or alcohol poisoning. His blood-alcohol content was between 0.39 and 0.45 percent.

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