News

CRIMINAL PROCEEDINGS

After three days of testimony in August 2009, Judge Michael Duffy ruled there was sufficient evidence to proceed to trial with the felony cases against Haithem Ibrahim, SAE Big Brother and Zacary Ellis, SAE Pledge Educator. At that time, defense attorneys requested for another judge to review the ruling.

The review took place on January 11, 2010. Judge Hugh Mullin ruled in agreement with Judge Duffy's original ruling - sufficient evidence to proceed to trial.

Lawyers for Haithem Ibrahim and Zacary Ellis then argued that the cases should have been dismissed because of insufficient evidence at the preliminary hearing held in August. Lawyers Michael Burt (Ibrahim) and Richard Conway (Ellis) appealed their cases to the California 2nd District Court of Appeals in Ventura.

On February 10, 2010 the California 2nd District Court of Appeals upheld the original ruling of sufficient evidence to proceed to trial without hearing the motion.

Defense lawyers have now appealed to the California Supreme Court. The court will make it's ruling on or before April 19, 2010.

TABC AMNESTY POLICY

For Immediate Release: December 2, 2009

The Texas Alcoholic Beverage Commission (TABC) has established a new Medical / Good Samaritan Amnesty policy in an attempt to prevent future deaths from alcohol poisoning.

"It is the policy of the Texas Alcoholic Beverage Commission that our agents will not cite minors for the illegal possession or consumption of alcoholic beverages if an individual seeks assistance because of a medical emergency or because a person has been a victim of sexual assault or other violent crime."

TABC Administrator Alan Steen says, "It is our hope that publicizing this policy will encourage young people to call 911 if a friend is in danger from alcohol poisoning or any other medical emergency. We don't want any life to be lost because someone is afraid of getting in trouble for underage drinking. For that reason, I encourage other law enforcement agencies to establish similar policies."

TABC makes this announcement today, December 2, 2009, in remembrance of Austinite Carson Starkey. Today is the one-year anniversary of Carson's death from alcohol poisoning following a fraternity hazing ritual at Cal Poly StateUniversity in San Luis Obispo, California. Carson was 18-years-old, a recent graduate of Stephen F. Austin High School, finishing his first semester of college. According to the police investigation, he was instructed to drink a bottle of Everclear. He lost consciousness, showing multiple signs of alcohol poisoning, but his fraternity brothers didn't seek help until it was too late. Ultimately, his blood alcohol content at the time of death was between .39% and .447% -- over four times the legal limit for driving in Texas and California..

Steen continued, "Know the signs of alcohol poisoning. For a young person, nothing could be worse than living with the memory of a friend who died because you were afraid to make a phone call. I urge young people to be a good friend. Don't leave an unconscious person alone, and don't be afraid to call 911."

Signs of Alcohol Poisoning:
* Person cannot be roused / unconscious
* Person appears confused or in a stupor
* No response to pinching the skin
* Vomiting while sleeping
* Seizures
* Slow breathing (fewer than 8 breaths per minute)
* Irregular breathing (10 seconds or more between breaths)
* Low body temperature (hypothermia), bluish skin color, paleness

Don't wait for all of these symptoms to be present before you seek help!

Carson Starkey was born in Austin, Texas on April 17, 1990, and he was a third generation graduate of Stephen F. Austin High School in Austin, Texas. For more information on Carson's life, and the non-profit association created in his name, visit www.withcarson.com.

For more information on the signs of alcohol poisoning, or to download an information flier, please visit TABC's website:
http://www.tabc.state.tx.us/education/pdfs/alcoholPoisoning.pdf

Contact: Carolyn Beck, Director of Communications, 512-206-3347

PRESS RELEASE - ARRESTS - STATEMENT - PHOTOS

05/21/09 1:00 PM

City of San Luis Obispo
Police Department
1042 Walnut
SLO, CA 93401
(805) 781-7317
Any further questions should be referred to the Press Information Officer. Anonymous information may be referred to Crime Stopper @ (805) 549-STOP
Prepared by: Captain Dan Blanke
DR#: 081202009

WHAT: ARRESTS IN HAZING DEATH OF CARSON STARKEY (PRESS UPDATE #4)
WHERE: Hazing Occurred at 551 Highland Drive
WHEN: Death Occurred on December 2, 2008
VICTIM: Carson Leonard STARKEY - 18 years of age (D.O.B. 04-17-90) Austin, TX

Suspects Arrested on the Morning of May 21, 2009
SUSPECTS: COUNTY JAIL BOOKING PHOTOS AT BOTTOM OF PAGE
#1 – Haithem Muthana IBRAHIM 20 YOA from Lafayette, CA
#2 – Zacary Westen ELLIS 22 YOA from San Luis Obispo, CA
#3 – Russell Martin TAYLOR 22 YOA from Fresno, CA
#4 – Adam Edward MARSZAL 21 YOA from Carmichael, CA

This morning, investigators from the San Luis Obispo Police Department arrested individuals in connection with the death of Carson STARKEY, which occurred on December 2, 2008, as the result of a fraternity hazing ritual. At the conclusion of our investigation, the San Luis Obispo District Attorney filed criminal charges against the suspects and warrants were obtained for their arrest. All four individuals surrendered themselves this morning pursuant to the warrants and posted bail.

The individuals being charged are: COUNTY JAIL BOOKING PHOTOS AT BOTTOM OF PAGE

Haithem IBRAHIM – Felony violation of Hazing Causing Death or Great Bodily Injury [Penal
Code 245.6(D)] and Misdemeanor violation of Furnishing Alcohol to a Minor Causing Death or
Great Bodily Injury [Business and Professions Code 25658(C)]

Zacary ELLIS – Felony violation of Hazing Causing Death or Great Bodily Injury [Penal Code
245.6(D)] and Misdemeanor violation of Furnishing Alcohol to a Minor Causing Death or Great
Bodily Injury [Business and Professions Code 25658(C)]

Russell TAYLOR – Misdemeanor violation of Hazing Causing Death or Great Bodily Injury
[Penal Code 245.6(D)] and Misdemeanor violation of Furnishing Alcohol to a Minor Causing
Death or Great Bodily Injury [Business and Professions Code 25658(C)]

Adam MARSZAL – Misdemeanor violation of Hazing Causing Death or Great Bodily Injury
[Penal Code 245.6(D)] and Misdemeanor violation of Furnishing Alcohol to a Minor Causing
Death or Great Bodily Injury [Business and Professions Code 25658(C)]

Bail for the felony charges is $50,000 and for the misdemeanor charges is $10,000. If convicted, the suspects face up to a year in County Jail for the misdemeanors, and up to 3 years in State prison for the felonies.

The following is a summary of the investigation and the events that led to the arrests: Carson STARKEY came to Cal Poly from Austin, Texas as a freshman in September 2008 and he lived in a dormitory on-campus. In October 2008, Carson began the pledge process to become a member of the Sigma Alpha Epsilon (SAE) Fraternity. The week of November 30 to December 6, 2008, was designated as “Big Bro Week,” during which the pledges, or “Little Brothers,” were to be connected with active SAE members, their “Big Brothers.” The night of December 1, 2008 was referred to as “Brown Bag Night” - an annual pledge event - during which Big Brothers reveal their identity to the pledges by providing each pledge with a brown bag containing large quantities of alcoholic beverages, along with written clues about the identity of their Big Brother. Haithem IBRAHIM was Carson STARKEY’s Big Brother. The investigation revealed that on the night of the brown bag ritual, Haithem IBRAHIM, Russell TAYLOR, and Adam MARSZAL, all active SAE members, selected and purchased large quantities of alcohol from two stores in San Luis Obispo for the pledges to consume. IBRAHIM chose the alcoholic beverages for Carson STARKEY and placed them in Carson’s brown bag. Because IBRAHIM was not 21, Russell TAYLOR made the actual purchase of the alcohol provided to Carson STARKEY. At about 9:10 PM, while active SAE members were purchasing alcohol and placing it into bags, the pledges were instructed to meet in a Cal Poly parking lot. All 17 SAE pledges responded. All were under 21 years of age. The pledges were instructed to go to 551 Highland Drive and gather in the garage of the home, where the room was prepared for the brown bag ritual. The couches were covered with tarps; a bucket to collect vomit was placed in the center of the floor; the pledges were told to sit around the bucket in a circle; and a brown bag containing the alcoholic beverages was placed in front of each of the 17 pledges. Investigators confirmed that Carson had not consumed any alcohol prior going to the house. Zacary ELLIS, the SAE Pledge Educator, then instructed the pledges to consume the contents of their bags by midnight and not to leave the garage, which gave them about 1 ½ hours to complete the task. In addition to the alcohol contained in each pledge’s bag, a bottle of 151 proof Everclear liquor was provided to the pledges. Everclear contains an extremely high alcohol content of 75%, about twice the alcohol content of most other hard liquors. While the pledges were drinking, various SAE members were present in the garage. The investigation revealed that Carson STARKEY drank alcohol from his brown bag, as well as from the Everclear bottle. At some point, Carson became unresponsive. Several SAE members
took Carson out of the garage and put him in a vehicle to take him to a hospital, removing Carson’s pledge pin and pledge book in the process in order to prevent Carson from being associated with the fraternity. As they started driving, Carson began to vomit, so they returned to the house. SAE members put him to bed and checked on him until approximately 2:00 AM on December 2, 2008, when the SAE members went to bed. A few hours later, Carson was found unresponsive and an SAE member called 9-1-1 and began CPR. Prior to the arrival of fire and police personnel, SAE members woke the remaining pledges and told them to leave. Carson STARKEY was taken by ambulance to Sierra Vista Regional Medical Center where he was pronounced dead.

The Police Department immediately launched an investigation, and despite the fact that the residents of 551 Highland were not truthful with investigators about the circumstances leading to Carson’s death, investigators were able to determine that his death was directly related to a Sigma Alpha Epsilon (SAE) Fraternity hazing event. An autopsy revealed that the cause of Carson STARKEY’s death was respiratory arrest due to acute ethanol toxicity. Analyses of Carson’s blood, vitreous humor, and urine revealed a blood alcohol content ranging from .39% to .447%. It was also determined that no marijuana or drugs were present in Carson STARKEY’S system. The investigation into Carson’s death was very extensive and detailed, and the San Luis Obispo Police Department was assisted by investigators from the Cal Poly University Police Department, the County Sheriff’s Department, the County District Attorney’s Office, and the California Department of Alcoholic Beverage Control. Investigators conducted interviews with 65 people; served eight search warrants at homes of SAE members; and seized evidence that included 55 computer drives, 27 cellular telephones, and 24 cameras, all of which required forensic analysis. The investigation revealed that Carson STARKEY died as a result of a hazing ritual conducted as a condition of membership in the SAE Fraternity. The four individuals being charged in his death were determined to be the most directly responsible for the acts which led to Carson’s death – purchasing and providing the alcohol and directing the pledges in the drinking ritual. Hazing is a crime in California, and when hazing results in a death, it is a felony. This investigation has exposed a ritual that was as disturbing as it was deadly; one in which young men were required to drink extreme amounts of alcohol in a very short period of time, and where steps were taken to protect the furniture and floor from vomit that the organizers knew would result. Despite being illegal and against formal Greek organization policies, dangerous hazing rituals remain part of the culture of certain groups; a culture that claims to promote leadership and value friendship, but which fails to protect young and impressionable recruits who simply want to belong. Carson’s death was the result of a crime and it was entirely preventable. Tragically, his death was not the first resulting from a fraternity hazing ritual, and unless the Greeks change their culture in a fundamental and meaningful way, it will not be the last.

I now will read a statement prepared by Carson’s parents. They do not wish to speak with the press about their son’s death, but they asked me to read this statement on their behalf.

FAMILY STATEMENT

We deeply appreciate the efforts by the San Luis Obispo police and prosecutors to seek justice for the death of our beloved son and brother.

Only someone else who has lost a child can begin to comprehend our family's pain and sorrow. Our grief is deepened by the fact that Carson's death was not due to a natural cause like a disease or illness. Carson was an excellent student who aspired to be an architect but also, unfortunately, aspired to become a fraternity member, and he participated in a dangerous fraternity ritual during which he was compelled to drink a fatal amount of alcohol. His death was not caused by "voluntarily" drinking too much, and anyone who might suggest otherwise is misinformed.

If Carson or our family had any clue that fraternity initiations were dangerous we would never have supported his consideration to join. We are certain his good judgment would have led him to the same conclusion. But it is only since Carson’s death that we have learned that many young people are hurt or killed as a result of long-standing, dangerous pledging rituals that fraternities refuse to abolish or properly supervise in order to keep students safe.

We will honor Carson and other families by doing everything we can to end dangerous misconduct by fraternities and their members. So, today, we express our gratitude to the police and prosecutors for understanding our loss and assisting us in this first of many steps towards achieving change and justice.

The Starkey Family