Sentencing Imposed in NIU Hazing Cases

David Bogenberger, deceased NIU student

Sentences were imposed today in the below mentioned cases filed in relation to the death of David Bogenberger, on November 2, 2012, following a hazing ritual at the Northern Illinois University Chapter of Pi Kappa Alpha.

The five fraternity officers charged with felonies were convicted of Reckless Conduct and sentenced to 24 months of conditional discharge, 100 hours of community restitution service and a $1,000.00 fine.

The remaining fraternity members charged with misdemeanor cases were convicted of Hazing and sentenced to 24 months of court supervision, 100 hours of community restitution service and a $500.00 fine.

Although the criminal case is over, and the State’s Attorney’s Office could ethically discuss the case, we will not do so in order to avoid any statement by a public official which might tend to prejudice on going civil proceedings in Cook County Circuit Court or the 1st District Appellate Court. The State’s Attorney’s Office will have no comment beyond the following statement.

• 12 CF 836 – Omar A. Salameh
• 12 CF 837 – James P. Harvey
• 12 CF 838 – Steven A. Libert
• 12 CF 839 – Patrick W. Merrill
• 12 CF 840 – Alexender Jandick
• 12 CM 1847 – Alexander D. Renn
• 12 CM 1848 – Michael A. Marroquin
• 12 CM 1849 – Stefan A. Diaz 12
• CM 1850 – Irizarry Nelson
• 12 CM 1851 – Nicholas A. Suter
• 12 CM 1852 – Andrew W. Bouleanu
• 12 CM 1853 – Isaiah Lott
• 12 CM 1854 – Johnny P. Wallace
• 12 CM 1855 – Andres Jimenez
• 12 CM 1856 – Daniel S. Post
• 12 CM 1857 – Michael D. Pfest
• 12 CM 1858 – Michael J. Phillipp
• 12 CM 1859 – Hazel Vergaralope
• 12 CM 1860 – Thomas F. Costello
• 12 CM 1861 – Nsenzi K. Salasini
• 12 CM 1862 – David R. Sailer
• 12 CM 1863 – Russell P. CoynerSTATEMENT FROM STATE’S ATTORNEY RICHARD SCHMACK

  I, and my entire staff, would again like to express our profound sympathy to the family and friends of David Bogenberger, whose death was a loss which most of us cannot even imagine. The outcome of any legal proceedings, criminal or civil, may provide a certain amount of closure, but can never, in any measure, make up for their loss or make their lives whole again. It would be pointless for me to try to expand upon the eloquent statements of Gary and Ruth Bogenberger and I will not attempt to do so.

  However, I am pleased that the largest hazing prosecution in the history of the United States has culminated with findings of guilt against all of those who stood accused, and that they have chosen to take a degree of responsibility for their part in this unspeakable tragedy. There is no evidence that they intended this result, nor even foresaw it as a possibility. The fault is more in a system that encouraged irresponsibility and risky behavior, than in individuals who thoughtlessly repeated a ritual where they had once been victims, and then became perpetrators. However, they will carry that responsibility with them long after they complete their sentences, and we can only hope that this prosecution will in some way serve as an object lesson to them and those who would come after them, at least at NIU, if not the nation.

  I would be remiss if I did not express my admiration for the performance of Assistant State’s Attorney Sarah Gallagher-Chami, in her prosecution of this case. She has more than justified the faith I placed in her when I assigned this case to her. This was a challenging prosecution, and this result flows from her tireless work. I would also like to thank former ASA Julie Visher for her skilled argument against the defense request that the court declare the hazing statute unconstitutional. Without that performance we might not have reached this point today.

  www.dekalbcounty.org