Court Decides that Undergrads Death Caused by Fraternity Hazing

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An ugly, and tragic situation has finally been settled - in court at least. Here’s another story, one which happens all to often, that has a college kid drinking too much. This time the tragedy struck a fraternity on the University of Texas.

The Houston Chronicle reports:

“The family of a University of Texas at Austin student who died after a fraternity binge-drinking party has agreed to a $4.2 million settlement in their lawsuit against the fraternity and some of its members. The settlement, announced Tuesday by the family of Jack Phoummarath, provides money for an educational video and a scholarship in Phoummarath’s memory. The student’s family sued the Lambda Phi Epsilon national and Austin chapters and some individual members.

“Initially, it was really, really difficult, the way he died. We were angry,” said Phoummarath’s sister, Marion. “Slowly, we’re accepting the fact that he’s gone. We want to prevent other deaths. That’s why we wanted to develop this video.”

Phoummarath, 18, was a freshman at UT when he was found dead on the afternoon of Dec. 10, 2005, in a garage apartment behind the fraternity house. The fraternity had thrown an initiation party the previous day to celebrate the transition of pledges, including Phoummarath, to full membership.

An autopsy showed that Phoummarath died accidentally from alcohol poisoning. According to the autopsy report, his blood-alcohol level was 0.41, more than five times the legal limit for driving in Texas. Attorney Randall Sorrels said that, with the settlement proceeds, the Phoummarath family has created an educational video titled Enough is Enough.

The video is geared toward teens and young adults, to educate them on the dangers of hazing and binge drinking.

“We do not want Jack’s death to be in vain, and by this educational program, we hope to save families in the future from the great despair we have suffered from the loss of our youngest son,” the student’s father, Khongsavay Phoummarath, said in a prepared statement.

The family also is working with UT officials to set up an $8,000 to $10,000 annual scholarship in Phoummarath’s memory.

Three fraternity members Benny Chan, Andrew Nguyen and Kamal Pulukuri pleaded no contest in September to charges of hazing. According to the plea agreement, Chan, 24, then-chapter president; Nguyen, 22, a former pledge captain; and Pulukuri, 23, the “Hell Master” for Phoummarath’s pledge class, were assessed two years’ deferred adjudication probation. Each also was required to perform 100 hours of community service and pay a $1,000 fine.

Criminal defendants who successfully complete the terms of deferred adjudication avoid final conviction, but the fact that they were charged remains a part of their record. The three fraternity members also were ordered to participate in making the educational video on the dangers of “power drinking” and detail in an affidavit what happened during “Hell Weekend,” when Phoummarath died.”

To read the rest of the article click here…

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