Student pleads guilty in USU death; another has charge dismissed

A charge against one of the 12 Utah State University students charged with various misdemeanor counts stemming from the alcohol poisoning death of Michael Starks have been dismissed.

Another student has pleaded guilty in the case.

Cecily Kiss, 18, was charged in early January with one count of hazing, a class A misdemeanor. The charge against her was dismissed last week.

"We reviewed it closer and found that Miss Kiss did not really participate in the capture activity," prosecutor Tony C. Baird said. "She was involved, but to such a small degree that she could not be held criminally liable."

Student Grant Arthur Barney, 22, appeared in 1st District Court Monday and pleaded guilty to reduced charges as part of a plea agreement. Barney originally was charged with one count of obstructing justice, a class A misdemeanor, and one count of hazing, a class B misdemeanor. He pleaded guilty to obstructing justice, a class B misdemeanor, and the hazing charge was dismissed.

Barney's attorney, Shannon Demler, said Barney was comfortable with the resolution. Demler said Barney did not take part in the alleged hazing, but he did throw away some bottles of alcohol that were consumed that night once he heard what happened.

Barney will be sentenced on April 20.

Of the remaining 10 students, eight have entered not-guilty pleas in connection with the November death and have hearings scheduled throughout the coming months. Two of the students have yet to enter pleas and are both scheduled to be in court on March 23.

Baird said there is a possibility there could be other plea agreements in the future.

"We have talked to several of their attorneys. That's the normal course of business," Baird said.

Felony hazing charges also were filed against the Sigma Nu fraternity and Chi Omega sorority in January, but whether or not those cases will continue is uncertain.

In a hearing last week, Judge Thomas Willmore gave attorneys time to determine whether or not the case should continue, given the fact that the local charters of both organizations were shut down after the charges were filed.

"The national organizations have already revoked the charters, so for all practicality they no longer exist," Baird said. "So the issue is, can the state even continue to proceed against the organizations?"

Baird expects a hearing to argue the issue will be held in the near future. Both organizations have status hearings scheduled in April.

Starks, 18, died after participating in an initiation ceremony for the then-USU chapter of Sigma Nu. The initiation involved Starks and another pledge being "kidnapped" by the Chi Omega sorority women. The affidavit of probable cause states the pledges were stripped down to their boxers and painted in their school colors.

Sometime during the activity they began drinking, prosecutors say. They returned to the fraternity house already heavily intoxicated, and a few hours later, Starks was found unconscious and not breathing.

Starks was pronounced dead at a hospital shortly afterward.

E-MAIL: ethomas@desnews.com