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Posted: November 15, 2017

Texas State fraternity death likely to result in criminal charges

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Texas State University's "Old Main" was built 1903 in Victorian Gothic style.

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By Tony Plohetski, Austin American-Statesman, KVUE News

The death of a Texas State fraternity pledge after an off-campus social event will likely result in criminal charges based on a preliminary review of evidence, San Marcos Police Chief Chase Stapp told the American-Statesman and KVUE-TV Tuesday.

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“I think it is pretty likely we are going to have some kind of criminal case,” Stapp said. “Once we know the complete picture, we will have to have discussions with the district attorney on the most appropriate course of actions. It’s not going to be overnight by any means.”

The death comes about a week after the national chapter of Phi Kappa Psi ordered the Texas State chapter to cease its social activities because of an on-going investigation, university officials confirmed Tuesday. Texas State had launched an investigation Oct. 4 based on a complaint it had received in late September. The university would not disclose the nature of those allegations.

>> Related: Texas State suspends all fraternity, sorority activities after death of Phi Kappa Psi pledge

Stapp said it likely will take a month to six weeks before a decision is made because officials will want to wait for a full autopsy, which he said will be a critical piece of evidence in the case and would show the blood alcohol level for 20-year-old Matthew McKinley Ellis, who was pledging Texas State’s Phi Kappa Psi fraternity.

San Marcos police say Ellis was dead when friends found him around 11 a.m. Monday. The university said he had attended a fraternity event off campus. The university on Tuesday suspended all Greek activity.

“Any death in our community we take seriously and especially the death of a young person like this who had so much ahead of him,” Stapp said. “In any case like this, if there are appropriate charges that can be proven, the intent is to file them,” Stapp said.

Under Texas law, hazing is a Class A misdemeanor unless it results in a death, in which case the charge can be elevated to a felony.


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