Suspects bond out after arrests for criminal hazing that killed LSU student; more arrests possible
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BATON ROUGE, Louisiana (WDSU) — More arrests could be coming in the deadly hazing ritual involving a Southern University band member.
As WDSU learned, the three Omega Psi Phi Fraternity members had been bonded out of a Baton Rouge jail. Isaiah Smith, Kyle Thurmon and Caleb McCray were all arrested for their alleged roles in the hazing death of 20-year-old Caleb Wilson.
All are facing criminal hazing charges. McCray is also facing an additional manslaughter charge. And more arrests are pending.
Authorities said it started on Feb. 26, when some pledges for Omega Psi Phi were taken to a warehouse in Baton Rouge that was reportedly being leased out by Smith’s dad. According to Baton Rouge Police arrest warrants affidavits, they were ordered to change clothes and were hit in the chest multiple times by boxing gloves. Officials said Wilson collapsed, had a seizure and became unresponsive. Documents showed Wilson’s body was loaded into Smith’s car, and he was taken to a hospital.
Officials said a group of young men told hospital officials that Wilson had collapsed during a game of basketball at a park. It is not clear what other charges could be coming, but legal analysts said it would be hard to prove the students did not know they would be engaging in criminal hazing, which is illegal.
Tanya Faia, a legal analyst, said, “In general, a negligent homicide is usually charged when a person is not committing a criminal activity but are acting under what we call a reasonable standard of care.”
Faia said there’s a possibility that anyone in the fraternity who knew there was a hazing event planned and did not report it could be charged under the hazing statute.
“This is the kind of crime where any officer of the fraternity who knew there was a hazing event planned. And did not alert anyone ahead of time could be charged under the hazing statute, which is a felony,” said Faia.
She went on to say, “In general, a negligent homicide is usually charged when a person is not committing a criminal activity but are acting under what we call a reasonable standard of care.”
Attorney Matt Coman said one potential defense under the Louisiana Hazing Statute is that the fraternity members did not know their act that night would lead to Caleb’s death.
Coman said, “The statute, the way it’s written, seemingly requires it be both a part of a fraternity process which it is obvious. But also secondly, the person knew or should have known the act was going was going to physically endanger the safety of an individual.”
Attorneys tell WDSU the case will likely be prosecuted under the Max Gruver Act. In 2017, Gruver, who was a student at LSU, died due to hazing.
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