In KssID PROBABLE CAUSE SO/elr 2547 TPD Case #: 17-37378 TO: First Appearance Magistrate DEFENDANTS: Luke Edward Kluttz kyle Jerome Bauer Brett Arthur Birmingham Christopher Matthew Hamlin Anthony Petagine Jobn Bradley Ray Anthony Jordan Oppenheimer Clayton Michael Muehistein Conner Reinier Ravelo CHARGES: FSS 1006.63(2) College Hazing- Cause Injury or Death SUMMARY OF OFFENSES AND PROBABLE CAUSE AFFIDAVIT: On November 3, 2017, the Tallahassee Police Department responded to 1012 Buena Vista Drive, Tallahassee, Florida, in reference to a death investigation. Andrew Coffey (deceased) was found on a couch in the residence following a party at this location which began the previous evening (November 2, 2017). Coffey was an associate member (pledge) for the Pi Kappa Phi fratemity on the Florida State University (FSU) campus. He was twenty years old at the time of his death. The party was a celebration known as “big-litie” or “big brother” night and commemorates the assignment of pledges to fratemity brothers. The big-ittle relationship creates a lineage for a “family” which is referred to in familial terms simitar to grandfather, great-grandfather, etc. The big-ittle party is part of the initiation process for acceptance into the fraternity. The big-iitle party marks a turning point of acceptance for the pledges by fraternity members. Several interviewees advised the pledges were no longer required to address fraternity members formally but could begin using first names at this party. The party is traditionally known for excessive alcohol consumption and revelry, Due to FSU and national Pi Kappa Phi-alcohol policies and requirements, this celebration occurs off campus at a location away from the chapter premises. Those who were going to attend the party met at the Pi Kappa Phi fraternity house at 423 West College ‘Avenue, Tallahassee, Florida, to use Uber or Lyft to transport them to 1012 Buena Vista Drive. Multiple interviewees attributed this to the lack of parking at 1012 Buena Vista Drive and to limit the possibility of partygoers driving while intoxicated. During the course of this investigation dozens of interviews were completed. The witness statements revealed the members of Pi Kappa Phi Fraternity’s Chapter on FSU campus have been involved in repeated and on-going hazing in violation of Florida Statute 1006.63. One example of the hazing is the consumption of alcohol.PROBABLE CAUSE TPD Case #: 17-37378 The investigation revealed all of the Fall 2017 pledges for Pi Kappa Phi were under the legal drinking age (twenty-one years old) on November 2, 2017. Witnesses advised the “big’ (fraternity brother) supplied the “ttle” (fraternity pledges) with alcohol to drink at the party. The big brothers were also consuming alcohol at the party with the pledges. In addition to the aleohol brought or provided by the big brothers, there was more alcohol available at the party. Interviewees reported there were cases of beer at the party and sharing of alcohol amongst the partygoers. There were sixteen liquor bottles collected as evidence by Forensics at the scene. Dozens of empty beer bottles, 2-liter soda bottles (chasers or for mixing drinks) and cups were left on scene. Some interviewees reported partygoers left the residence with their alcoho! or bottles demonstrating the number of bottles collected on scene was not a representation of all the alcohol consumed or brought to the party. The big brothers not only provided the alcohol and encouraged the drinking, but were then charged with caring for the drunken pledges. The alcohol provided to the little was specific to the family and was part of the tradition of the big-little relationship passed down through the family lineage, Dozens of interviews with pledges and fraternity members advised they had received anti-hazing training with explicit wamings citing that a pledge may not be forced to consume alcohol. Most subjects interviewed were cautious with their statements and characterized their behavior as voluntarily consuming alcohol in excess. Their statements appeared rehearsed. Some interviewees revealed there was an expectation to finish the bottle. Several fraternity members advised pledges were expected by brothers to finish the bottle of alcohol they were provided for the bigulttle party Traditionally, the little is expected to drink the entire “family bottle” at the celebration. Witnesses advised although the bottle is able to be shared with others, the stipulation is for the entire bottle to be consumed. Based upon these and other statements it was clear there was an environment created by the Executive Council and members of Pi Kappa Phi for pledges to consume alcohol in excess at the big-litle party. interviewees revealed the pledges were not physically “forced” to drink, however, it is clear the environment created by the leaders and fraternity members led to an expectation of abusive drinking or the pledges could face possible ostracism by the group. Several interviewees verified the big-ittle party was the most they had ever seen the members of the pledge class drink. The party was characterized by multiple ” interviewees as the most intoxicated those in attendance had ever been. Several pledges advised they expected their big-ittle party to be a time when they consumed more alcohol than any other time and they would be highly intoxicated. There was a repeated theme during the pledge's interviews. Some didn't recall most of the night due to being “blacked out.” There were reports of more than a dozen partygoers who vornited due to alcohol consumption, whether it was from intoxication or “pulling the trigger” (causing themselves to vomit voluntarily) in order to avoid feeling ill or making it possible to continue drinking Page 2 of 9PROBABLE CAUSE TPD Case #: 17-37378 Through interviews, this Investigator learned the underage pledges had been disciplined by the fraternity which imposed a “liquor ban" for a prior incident of excessive drinking, The liquor ban. meant that while the fraternity would endorse the pledge class illegally consuming wine and beer, they were forbidden to consume liquor. At the beginning of the biguittle night the pledges were expressly told this liquor ban was lifted. The liquor ban was lifted in order for the pledges to celebrate their big brother reveal, as well as the expectation there would be drinking to the point of extreme intoxication and knowing some of the alcohol which would be provided to the pledges was liquor. The FSU Pi Kappa Phi chapter is structured with an Executive Council. The chapter elects the Executive Council from among current members. The Executive Council consisted of eight positions which included President, Vice-President, Treasurer, Historian, Secretary, Warden, Chaplain, Standards and Risk Manager. The warden is responsible for the pledge class and communicates with them regarding expectations, itinerary and indoctrination. The warden is assisted by a ‘warden committee.” The warden committee was comprised of the warden, a “pledge master” and two “marshals.” The fraternity members in each position were identified through documents and interviews during this investigation as follows: Anthony Petagine- Chapter President. John “Jack” Ray- Vice President. Anthony Jordan Oppenheimer- Treasurer Clayton Michael Muehistein- Secretary Luke Edward Kluttz- Warden Kyle Jerome Bauer- Pledge Master Brett Arthur Birmingham- Marshal Christopher Matthew Hamlin- Marshal ‘The party was organized and executed under the direction of the Executive Council and the warden committee to facilitate the purposes of the party and to help underage pledges get inebriated. Although two fraternity members have been identified as being sober to monitor the party, there was nothing to indicate any supervision of the drinking Specifically, there was no monitoring of the amount of alcohol anyone was consuming. Although all of the pledges were underage, there was no effort to stop them from consuming alcohol, This action intentionally endangered the physical health of the pledges by creating an environment and expectation of drinking in excess, Interviews revealed this celebration was part of the pledges initiation for admission into the fraternity associated with FSU and a violation of the hazing statute in the State of Florida due to the pledges (all under twenty-one years of age) being pressured or coerced into violating state law (FSS 562.111 Possession of alcoholic beverages by persons under twenty-one). These actions constitute hazing under Florida law and ultimately contributed to the death of Andrew Coffey. Associate Medical Examiner Lisa Flannagan, M.D., conducted the autopsy of Coffey and determined his death was the direct result of acute ethanol toxicity with his blood alcohol level as .447 g/di at the time of autopsy. Testing of other bodily fluids Page 3 of 9PROBABLE CAUSE TPD Case #: 17-37378 demonstrates his peak blood alcohol would have been even greater with a vitreous ethanol level of .558 g/dl. Kyle Bauer was interviewed with his attorney present. He confirmed he was in fact at the party. Bauer's attendance was also corroborated through dozens of interviews. Bauer stated he took two pledges as littles, called ‘twins’, for the celebration and provided alcohol to the underage twins. He admittedly was not dutiful in his responsibilities as pledge master. Bauer denied setting up the party and placed the responsibility for the party on Kluttz (warden on the Executive Council) and Birmingham (one of the marshals on the warden committee). Bauer confirmed the party was a drinking event and stated he became intoxicated. Bauer stated Kluttz was sober to monitor the party. He admitted the pledge class and others would report he had oversight and charge of them. Bauer stated only the warden committee would be able to confirm he was not taking charge of the pledge class. He admitted his position is traditionally responsible for planning the party and others would state he had a role in planning and executing the party. Interviewees did identify Bauer as being in charge of the pledge class. Statements and evidence lead this investigator to believe Kyle Bauer was in fact a leader over the pledge class, directed the pledge class to be in attendance at the party, and had part in the planning of the party. Interviews with fraternity members and pledges lead this investigator to believe Bauer directly and indirectly pressured or coerced the underage pledges fo consume alcohol at the party in keeping with the tradition of the bigdlttle celebration. These acts committed by Bauer encouraged the consumption of alcohol in excess at the parly which resulted in Coffey’s death in violation of FSS 1008.63(2). Brett Birmingham was identified through interviews as being at the party. Brett Birmingham is represented by an attorney for this investigation. The attorney advised Birmingham would not be made available for an interview or make a statement. He was described as one of the warden committee members “in charge” of the party. Multiple interviewees emphasized this point. Specifically, an interview with Kyle Bauer, the pledge master on the warden committee, advised Birmingham played an integral role with the direction of the pledge class. During the interview, Bauer advised traditionally his position, the pledge master, is elected as the warden when the current warden's tenure expires. Bauer estimated Birmingham was going to be elected the next warden, effectively jumping above him in hierarchy, due to the high level. of involvement Birmingham showed with the pledge class during this semester. Statements and evidence lead this investigator to believe Brett Birmingham was in fact a'leader over the pledge class, directed the pledge class to be in attendance at the party, had part in the planning of the party and facilitation of the assignment of fraternity members to pledges. Interviews with fraternity members advised Brett Birmingham collected money for the payment of two female strippers who performed at the party, further demonstrating the role he played in planning and hosting the party. Interviews with fraternity members and pledges lead this investigator to believe Birmingham directly and indirectly pressured or coerced the underage pledges to consume alcohol at the party in keeping with the tradition of the bigllittle celebration. These acts Page 4 of 9PROBABLE CAUSE TPD Case #: 17-37378 committed by Birmingham encouraged the consumption of alcohol in excess at the party which resulted in Coffey's death in violation of FSS 1006.63(2). Through interviews, Christopher Hamlin was identified as one of the two marshals on the warden committee. Christopher Hamlin is represented by an attomey for this investigation. Hamlin came in for an interview, without his attomey, but declined to make a statement. The attorney later called and advised Hamlin would not be made available for another interview or make a statement. Hamlin was not identified through interviews as being at the party. Some interviewees advised he was in attendance while others did not recall Hamlin being at the party. Statements and evidence lead this investigator to believe Christopher Hamlin was in fact a leader over the pledge class, directed the pledge class to be in attendance at the party, had part in the planning of the party and facilitation of the assignment of fraternity members to pledges. Christopher Hamlin indirectly pressured or coerced the underage pledges to consume alcohol at the party in keeping with the tradition of the big-lttle celebration. These acts were done and created influence which was extended to the pledge class despite Hamlin not being in attendance. The environment created by the actions of Hamlin, the Executive Council and the warden committee during the pledge process and prior to the party caused the pledges to adhere to traditions for acceptance into the fraternity. These acts committed by Hamlin encouraged the consumption of alcohol in excess at the party which resulted in Coffey's death in violation of FSS 1006.63(2). Luke Kluttz was identified as the warden on the Executive Council. Kluttz was identified through interviewees as being at the party. Luke Kluttz is represented by an attorney for this investigation. The attorney advised Kluttz would not be made available for an interview or make a statement. Kluttz was described as being “in charge" of the party and made statements to others he was going to stay sober at the party. Multiple interviewees emphasized this point. Klutz made statements to the pledge class, prior to the celebration, cautioning them regarding excessive consumption of alcohol at previous big brother celebrations, Kluttz was attributed to making statements to this effect to include saying, “I'm not going to drink. I'm going to have to like watch over you guys because you guys are stupid.” The interviewees this statement was made in an effort to ensure the safety of the pledge class. One interviewee reported Kluttz described a previous “big brother night” with the pledges getting "blacked out" and one of the pledges having to be carried out. He instructed the pledge class not to do repeat this during the celebration. Despite this admonition, the pledge class drank in excess under the supervision of the members of the Executive Council and warden committee present at the party. Coffey was one example of the excessive alcohol consumption at the party. Interviewees described Kluttz and two other fraternity members having to carry Coffey inside to the couch while he was passed out in similar fashion to the previous warning attributed to Klutz. Page 5 of 9PROBABLE CAUSE TPD Case #: 17-37378 Statements and evidence lead this investigator to believe Luke Kluttz was in fact a member of the Executive Council, a leader over the pledge class, directed the pledge class to be in attendance at the party, had part in the planning of the party and facilitation of the assignment of fraternity members to pledges. Kluttz assumed responsibility for the party and the safety of those in attendance based on his statements and his role as the warden on the Executive Council. Kluttz directly and indirectly pressured or coerced the underage pledges to consume alcohol at the party in keeping with the tradition of the big-little celebration and gave caution and instruction about the drinking, condoning the underage drinking. These acts committed by Kluttz encouraged the consumption of alcohol in excess at the party which resulted in Coffey's death in violation of FSS 1006.63(2). : Clayton Muehistein was identified through interviewees as being at the party. He was described as being ‘in charge” of the party based on his position on the Executive Council as Chapter Secretary. Muehistein was assigned a little and consumed alcohol with the underage pledge at the party. Muehistein declined to provide an interview or cooperate with this investigation. Statements and evidence lead this investigator to believe Clayton Muehistein was in fact a leader over the fraternity. Muehistein remained informed by the warden about the activities of the pledge class in his role as secretary on the Executive Council. Muehistein was in attendance at the party and was assigned a little. Muehlstein directly and indirectly pressured or coerced the underage pledges to consume alcohol at the party in keeping with the tradition of the big-litie celebration. His attendance at the party maintained the hazing environment. Muehistein’s position on the Executive Council and role as chapter secretary endorsed the actions taking place. These acts committed by Muehistein encouraged the consumption of alcohol in excess at the party which resulted in Coffey's death in violation of FSS 1006,63(2). Anthony “AJ” Oppenheimer was identified through interviewees as being at the party. He was described as being “in charge” of the party based on his position on the Executive Council as Chapter Treasurer. Oppenheimer is represented by an attomey for this investigation. The attorney advised Oppenheimer would not be made available for an interview or make a statement, Statements and evidence lead this investigator to believe AJ Oppenheimer was in fact a leader over the fraternity. Oppenheimer remained informed by the warden about the activities of the pledge class in his role as treasurer on the Executive Council. Interviewees advised Oppenheimer was not drinking at the party. Chapter vice-president Jack Ray stated Oppenheimer was in attendance and sober to monitor the party. Oppenheimer was assigned a little for this pledge class, This further demonstrates Oppenheimer's leadership role and responsibility over the fraternity at the party. Oppenheimer directly and indirectly pressured or coerced the underage pledges to consume alcohol at the party in keeping with the tradition of the bigvlttle celebration. His attendance at the party and being identified as sober to monitor the party maintained the hazing environment. Oppenheimer’s position on the Executive Council and role as chapter treasurer endorsed the actions taking place. These acts Page 6 of 9PROBABLE CAUSE TPD Case #: 17-37378 ‘committed by Oppenheimer encouraged the consumption of alcohol in excess at the party which resulted in Coffey’s death in violation of FSS 1006.63(2) Jonathan DiPietro was identified through interviewees as being the Historian on the Executive Council. He was contacted and provided an interview with his attorney present. He denied being present at the party. He acknowledged discussing the parly with the Executive Council in the days leading up to the celebration, He explained the Executive Council held a discussion about making sure everyone was safe and no one drank “too much.” He explained he had been to three previous big brother nights in the past. John “Jack” Ray was identified through interviewees as being at the party, He was described as being ‘in charge” of the party based on his position on the Executive Council as Chapter Vice-President. This position of authority over the fraternity members and pledges was further demonstrated through statements obtained during the dozens of interviews. While the two female strippers where performing the strippers believed one of the fraternity members was using a phone to record the performance with photos or video. This upset the strippers and was bringing their performance to an end. In an effort to eliminate the stripper’s concems, Ray yelled at everyone to keep their phones put away and not use them. This directive was followed by the fraternity members and pledges at the demand of their chapter vice-president Jack Ray was contacted and made a statement by telephone with his atlomey on the line. Ray identified himself by providing his date of birth, the last four digits of his social security number, his Florida driver’s license number and calling from a phone number known to belong to Ray. Additionally, the attomey confirmed Ray's identity. Ray confirmed his elected position was chapter vice-president. He went on to explain the fratemity chapter president had stepped down as a resuit of the Coffey’s death. Ray stated he was the acting chapter president. Ray's attomey confirmed Ray was at the party. Ray was asked if the Executive Council planned the big-little party and he replied, “No really no yeah, we uh, kind of let them take care of it", and then stated, "We have no role to play in scheduling it. We just say, hey, uh, we're, we're doing the ritual uh, you know, if you guys want to plan a party the next day just find a place uh, you know, a house that they can go to or something.” Investigator’s note: Ray's response to the direct question the executive council had nothing to do with this party was conflicted and contradicted itself. Statements and evidence lead this investigator to believe Jack Ray was in fact a leader over the fraternity, remained informed by the warden about the activities of the pledge class in his role as the vice-president on the Executive Council and was present at the party. Ray directly and indirectly pressured or coerced the underage pledges to consume alcohol at the party in keeping with the tradition of the bigulttle celebration. He upheld the hazing environment created at the party by being in attendance at the party and in his role as chapter vice-president endorsed the actions taking place. These acts Page 7 of 9PROBABLE CAUSE TPD Case #: 17-37378 committed by Ray encouraged the consumption of alcohol in excess at the party which resulted in Coffey's death in violation of FSS 1006.63(2). Anthony Petagine was not identified through interviews as being at the party. He was identified as on the Executive Council and the fraternity Chapter President. This position of authority over the fraternity members and pledges was further demonstrated through statements obtained during the dozens of interviews. Statements and evidence lead this investigator to believe Anthony Petagine was in fact a leader over the fratemity, remained informed by the warden about the activities of the pledge class in his role as the President on the Executive Council. Petagine indirectly pressured or coerced the underage pledges fo consume alcohol at the party in keeping with the tradition of the big-litle celebration. These acts were done and created influence which was extended to the pledge class despite Petagine not being in attendance. The environment created by the actions of Petagine, the Executive Council and the warden committee during the pledge process and prior to the party caused the pledges to adhere to traditions for acceptance into the fraternity. These acts committed by Petagine encouraged the consumption of alcohol in excess at the party which resulted in Coffey’s death in violation of FSS 1006.63(2). Conner Ravelo was interviewed on November 3, 2017, with his attomey present Interviewees identified Ravelo was Coffey’s *big.” Ravelo was under twenty-one years old on the date of the incident. He admitted to using another's identification to purchase alcohol which he provided to Coffey and others. Store video surveillance and the receipt for Ravelo’s purchase of the alcohol were obtained. Ravelo provided two Smirnoff Ice bottles (one twelve ounce and one sixteen ounce) in addition to a 750 mi bottle of Wild Turkey 101 bourbon to Coffey. Ravelo advised Wild Turkey was his family bottle. Ravelo stated Coffey consumed the contents of the bottles until passing out. As the party was concluding, Ravelo and two other fraternity members carried Coffey from a futon couch on the front porch of the residence and placed him on a couch in the living room. Coffey, passed out due to his high level of intoxication, was placed on his side. Coffey was heard snoring loudly by others in the residence while on the couch. A short time later, Ravelo left the residence to retum home. Several hours later it was discovered Coffey was deceased. Statements and evidence lead this investigator to believe Ravelo directly and indirectly pressured or coerced Coffey to consume alcohol in keeping with the tradition of the big- little celebration. Coffey being in possession of the alcohol was a violation of state law, FSS 562.111 Possession of alcoholic beverages by persons under twenty-one. These acts committed by Ravelo encouraged Coffey's excessive consumption of alcohol and resulted in Coffey's death in violation of the hazing statute, FSS 1006.63(2). Page 8 of 9PROBABLE CAUSE TPD Case #: 17-37378 This case was presented to the Leon County Grand Jury, Fall term 2017. Their presentment advised there was evidence supporting criminal charges regarding this investigation and encouraged the pursuit of criminal charges. a, ‘This probable cause was reviewed by ASA Ja» Cok Lon 2062 The preceding is true to the best of my current knowledge or belief. SIGNATURET pee DW.Coferrn 643 Inv. D. Copelin #643 Tallahassee Police Department Notarization: Sworn to and subscyibed before me this_/6_day of _SanNuagY, 2018. NOTARYIASA: = = A! Matern FEUPD My commission expires: LAW ENFORCEMENT OFFICER ORDER: THIS CAUSE coming before me as a First Appearance Magistrate, and wing reviewed the preceding Affidavits, find: X_ Probable cause sufficient; Probable cause not sufficient and unless corrected within seventy-two hours, the defendant shall be released on his own recognizance. Bond-Amount Requested IF 2800, °° Lobes G20 Regers é: JUDGE’ SIGNATURE fe ahaha (~ Reve bebtS, “Be che whl caleba - fe con Poe a Lee elhaesses, Page 9 of 9