Aggravated assault charges dropped in Tim Piazza death

HARRISBURG, PENNSYLVANIA - The Pennsylvania Attorney General's Office announced Thursday that it was dropping eight counts of aggravated assault but will continue to pursue involuntary charges in the case of the Penn State hazing death of Hunterdon County resident Timothy Piazza.

The state, which is now handling the case after a referral from the new Centre County district attorney, will continue to prosecute five former members of Beta Theta Pi in connection with the February 2017 death of Piazza, a Hunterdon Central graduate from Readington.

Piazza's parents are still hopeful that justice will be served.

"The parents of Timothy Piazza are most pleased to see the reinstatement now by a second prosecutor of involuntary manslaughter charges," said Thomas Kline, the Philadelphia lawyer representing the Piazza family. "With hundreds of charges against 26 individuals facing serious jail time, the Piazzas remain hopeful that justice will be accomplished and support the Pennsylvania Attorney General in this nationally important prosecution."

READ: Pennsylvania attorney general to take over Tim Piazza case

READ: More charges in Tim Piazza hazing death at Penn State fraternity

The state is continuing its review of the case, which involves 26 defendants in all.

“Our review is ongoing,” Attorney General Josh Shapiro said. “These charges represent one part of our investigation, and we will have further information to release as our review moves forward.”

Shapiro said the charging decisions came after a comprehensive review.

“We will seek justice for the Piazza family,” Shapiro said. “My office is committed to holding every responsible individual accountable for their actions.”

Court papers filed Thursday said prosecutors still are pursuing a charges of hazing, reckless endangerment, conspiracy and alcohol law violations against 11 defendants due at a preliminary hearing next week.

The papers also noted no changes were being made to charges against three other defendants whose allegations previously had been sent to county court for trial. Also, all charges were dropped against the shuttered fraternity as a corporation.

Attorney Michael J. Engle, who represents Gary DiBileo Jr., said he’s pleased the felony aggravated assault charge was taken off the table.

“We do disagree with the continued pursuit of the charge involving involuntary manslaughter as it relates to Gary, given that the evidence shows he was one of a few people who advocated for Timothy Piazza to receive medical help. It is our position that Gary’s actions demonstrate a lack of the criminal intent that would be required to sustain an involuntary manslaughter count in this case,” Engle said.

A judge had dismissed the aggravated assault charges in September, but the former Centre County district attorney, who was defeated for re-election, refiled the charges.

Surveillance video from the basement of Beta Theta Pi shows that on the night of  Piazza's hazing death, fraternity brothers gave him 18 drinks in 1 hour, 22 minutes.

Piazza suffered a fractured skull, shattered spleen and other injuries following the hazing at the fraternity. His blood-alcohol content was estimated at several times the legal limit for adult drivers.

Contributing: Associated Press

Staff Writer Mike Deak: 908-243-6607; mdeak@mycentraljersey.com