The Mercer County prosecutor's office has dropped aggravated assault charges against two Rider University officials. The charges stemmed from the investigation of the death of Rider freshman Gary DeVercelly" earlier this year.
DeVercelly died of alcohol poisoning on March 30 after attending a fraternity-sponsored event. His blood alcohol level was 0.426, more than five times the New Jersey legal limit, the Associated Press reported.
Though the charges against dean of students Anthony Campbell and director of greek life Ada Badgley were thrown out, three fraternity brothers did not have their charges dropped.
Two of the indicted students, Adriano DiDonato and Dominic Olsen, have applied for a pretrial intervention program, offered to first-time nonviolent offenders and results in the removal of criminal charges upon successful completion, Mercer County prosecutor's office spokeswoman Casey DeBlasio added. It was unclear as of press time if the third student, Phi Kappa Tau president Michael Tourney, had also applied for the program. A court will hear their cases on October 1.
Campbell and Badgley's indictments had repercussions for colleges and universities nationwide, since it raised the prospect of criminal charges for administrators with an oversight role.
"The indictments of Tony and Ada surprised us, given that neither was present at the incident nor did they participate in any of the activities outlined in the prosecutor's press release," a Rider University statement said.
The indictments emerged from a grand jury inquiry into DeVercelly's death.
"Numerous names came up within the course of the grand jury presentation, and the grand jurors made the decision as to who they felt should be charged with aggravated hazing," DeBlasio said.
In an interview with the Associated Press, Mercer County prosecutor Joseph Bocchini said that the grand jury "was upset with the university. This was an emotional case."
Despite the indictments, the prosecutor's office decided to drop charges against the Rider officials because more proof was needed to bring the case to trial and convince a jury that a crime had taken place, DeBlasio explained.
Rider University and Princeton, which are five miles apart, fall under the jurisdiction of the same prosecutor's office. While University officials noted the indictments, they are not concerned about any new legal precedent and instead are focused on continuing to evaluate University alcohol policies.
"Rather than the indictments themselves, what actually drew University attention to this issue was the student tragedy," University spokeswoman Cass Cliatt '96 said. "We remain focused on the tragedy itself, and we all understand that it could happen on any campus."

In 2002, the University formed the Alcohol Coalition, a panel of students and administrators that seeks to reduce high-risk drinking on campus and has taken a number of steps to further curb unsafe alcohol use, Cliatt said. "Princeton actually began looking at the issue of alcohol abuse long before what happened at Rider."
In the wake of the incident, University administrators evaluated the alcohol initiatives already in place and found that "all of the projects we had begun are serving the purposes we had wanted them to serve," Cliatt said. These initiatives include the creation of substance-free housing and a three-strikes disciplinary policy.
While Rider provides administrative support for Greek life through officials such as Badgley, Princeton does not officially recognize fraternities and sororities and informs the parents of freshmen that membership in such organizations is discouraged. The University does, however, maintain ties with eating club graduate boards to promote safety on Prospect Avenue.
"We're distinct in our culture at Princeton," Cliatt explained. "There are no Greek houses for us to have ... direct administrative oversight."
Fraternities and sororities hold parties and other social gatherings at the University, but do not own houses or apartments. Because high-risk drinking can occur as part of any activity or in any group, Cliatt said, "we really encourage students to be partners with the University in promoting safe behavior."
As part of a nationwide trend, the University is employing a multifaceted strategy in trying to change student drinking habits. "It's a culture that's been shown to be highly resistant to change," Cliatt said. "The administration cannot do it alone; it's inevitable that you have to have partnerships with your students."