MORGANTOWN, W.Va. — Two men accused in the alcohol related death of a WVU freshman appeared before a magistrate in Morgantown Friday where their cases were turned over to Monongalia County Circuit Court.
Jordon Hankins, of Heights Town, N.J., and Richard Schwartz, of Williamsville, N.Y., face two misdemeanor charges each. Nolan Burch, 19, of Williamsville, N.Y., who pledged to their fraternity, Kappa Sigma, died of alcohol poisoning in November with a .493 blood alcohol level which is six times the legal limit for driving in the state of West Virginia.
Hankins and Schwartz, charged with hazing and conspiracy to commit hazing, both misdemeanors, are accused of initiating a Big/Little fraternity initiation event and providing the pledge with a bottle of liquor.
Monongalia County Magistrate Darris J. Summers granted a request from Hankins’ attorney Friday to waive his right to a trial in magistrate court and transfer the misdemeanor case to Monongalia County Circuit Court.
An attorney for Schwartz also agreed to the jurisdiction change.
In the formal request, Hankins’ attorney, Michael Simms, wrote “Should the defendant be convicted, he will in all likelihood incur additional legal fees and expenses in pursuing an appeal to Circuit Court.”
In the original criminal complaint, Hankins is accused of being the Grand Master for the pledging ceremony. Schwartz is accused of giving Burch a bottle of liquor the night of the fraternity initiation.
Burch was a pledge reportedly blindfolded and taken to a location to drink where he passed out and was carried to the fraternity house where authorities were called.
Both prosecutors and defense attorneys in the cases have indicated there could be more than 50 witnesses called to testify if the cases go to trial.