fttt*Lr.n*nt Good morning, On bchalf ol our cntirc lamiiv, I rvould likc to bcgin by thanking t:ncc again, thc Ta.llahasec Policc Dcparmrent, spccifically Derectira Dan Copelin and his team for assembling countless hou¡s of informadon and tescirnonies nccessary to get us here. Thank 1,or-r to States AttorneyJack Carnpbcll lor the speed in rvhich he got thi-$ to the Gra¡cl.l"ry -d fitully, thank you to the GrandJury for 1'our patiencc and your commitme¡rt to be here today. Andre¡¡¿ Cotret; Dreitl "Dervy".,..our son, a brother to our beautiful daughter Alison, a grandson, a nepherv, a cousin' and a friend to everyorìe. 6'l ", 200 lbs, smarr a¡rd handsome as the day is long with a personaliry ancl smjlc ùat rvould light up a roorn, Drir.en (o succeed ancl no .stmnger to hard rvork, Andrew alvays had a plan. Attend 2 ye ars at'I'allith¿usec Communìuy College , Get accepted to FSU, Gmduate. and cnlist in ùe Navy'. Hc said to us one dme thac "f ca¡¡'l get a job rvhere I sit behind a dssk all day, it will drive me crary,I want to get out and see the rvorld," TTIIS u'as NOT ø pørt of his plan. Andrew's senseless rleath ensures that his physica.l potential r*'ill nel'er be knonn. Howet et, his positivc impact rvill cnclu¡c. In his short 20 years, Dre;rv's greatest co¡ltribution to the world was simply lis abììiry to bringjoy to anyone he came in contact with. He rvas always taught to "do .something nice lor someone everyday that docsn't bcncfit you." The wo¡lcl rvas simply a bcttcr placc rvith him in it. Even as r.rre are hea¡tbrokcn) \ye arc also troublecl. Troubled that our son dicd alone in a room fuU of pcople. Troublcd that no one stood up and said "stop", "no", "enough". Troutrled that a group o[ young people .sanv.someone in crisis ald clidn't act. ,{nd goublcd that this continues to happcn, again and again, Ihe tnessage is not getlíng tlnough, The Pi Kappa Phi Crccd uscs 'lhat their ídaal chapter wonis likc loyalry; rcryr:nsíbility, slandard.s, conduct and I quote. be ms"de up of tnen zaho prepare ¡¡*r7¡sshtes dílígerúJy to should,er theírfull re' sponsibility as cítí z ens. Easy rvor& to put dolr.n on pape¡: Obviously morc difÌìcult tc¡ livc b)t When young ¡>eople continue to die senselessly due to indiffe rence, reckless conduct and irrespon.sibilry it is dear that change is not only ncce-5sary but crucial, Accountebility is a t<-rugh word, but perhaps it is time lor accountabiliry. Only then rvill thc dangcrs and seriousncss o[ thcsc pracciccs bc madc clcar and perhaps t]ren, yorlng people rvill begin to taÌe note a¡rd think nrice. Ard rather than z¿'rsÉ the,v had he\red a lriend ancl pcr)raps savcd a life, they will be able to sit proudly a¡rd knorv ûrat thq'clíd. Thank 1'ou agajn lor cveryonc's harcl worli, your attcntion to A¡drsn,'s case, and 1'our commitrnent to justicel RESPECTFULLY SUBMITTED this 19th day of Decemb er,2017 I anie McCa Foreperson Attest: Grand Jury Clerk 17 . il i201f: IN THE CIRCUIT COURT OF THE SECOND JUDICÍAL CIRCUIT IN AND FOR LEON COUNTY FLOR¡DA i lq tr b: lQ GRAND JURY, FALL TERM 2017 lN RE: DEATH OF ANDREW COFFEY IN THE NAME OF AND BY THE AUTHORITY OF THE STATE OF FLORIDA PRESE TMENT THIS MATTER came before the Grand Jury on November 30,2017 and December 18 and 19,2017 to review the facts and circumstances of the events which culminated in the death of Florida State University student Andrew Coffey' This inquiry stems from a criminal investigation conducted by the Florida State University Police Department and the Tallahassee Police Department after Andrew Cofley was found unresponsive after a fraternity event on November 3' z}fi, and was pronounÇed dead that Same day. We have now reviewed the facts as established through the investigation, the witness testimony, and the appticable law. We have heard testimony from the following: Florida State University President John Thrasher; Florida State University Vice President for Student Affairs Amy Hecht; Mrs. Sandy Coffey; Dr. Lisa Flannagan; Tallahassee Police Department lnvestigator Dan Copelin; and Florida State Students and Pi Kappa Phi Fraternity Brothers; Connor Ravelo, Kylar Barrett, Thomas Brooks, and Tommy Pustizzi, We have also heard testimony of Florida State University Students and Pi Kappa Phi Prospective Members commonly known as pledges; Jacob Schwartz, James Cheney, Nicholas Madens, Niklas Traylor, Stephen Walters, Donte Phillips, McOlain Johnson, Brendan Urban, Christopher Rodriguez, John Tramont, Ricardo Munoz, Matthew Gordon, Trey Feraco, Tyler Beale, Finn Swanson, Tyler Osha, Michael Manno, Richard Miniet, Jeff Harris, Jacob Aurand, Devin Curry, JP Collíns, Alec Gorbell, Nicolas Kerry, William Taylor Jr., David Beshears, Justin Gould, Luke Renard, Sammy Loutfi, Oliver Sogn, Dawson Goldman, Luke Philtips, Joseph Notthcott, Mason Battreall, Michael Furnari, Jared Graddy, Stephen Bonilla, and Jared Crowley. We have reviewed the cha¡ter, hazing agreement, and other materials filed by Pi Kappa Phifraternity with Florida State University. We have also reviewed text messages behveen the members and pledges. We find as follows: S PRESENTED FACTUAL FINDI Florida State University (FSU) is a preeminent research institution in the country and a major influence in our community. The success of FSU is vital to that of Leon County. They enroll over 40,000 students. This includes 32,669 undergraduate students who hope to enioy growth and development through higher education. FSU affords its students many oppoúunities to enjoy social, collegial, and athletic participation outside the formal academic curriculum. This includes 613 clubs, teams, and organizations. The Greek system is an impoilant part of this community with 54 fraterníties and sororities represented at FSU. Alf official student organizations are allowed to participate with the University through a chader system. This system forms a contract between the 2 organizat¡on and the University whereby the organization agrees to conduct its activìties ín compliance with the standards and protocols of FSU. President Thrasher takes personal responsibility for the safety and welfare of every sludent, faculty, and staff member at FSU. He has desígnated Vice President of Student Affairs Dr, Amy Hecht to supervise all aspects of student organizations. She decides whelher an organization is granted a charter and what conditions and restrictions may be irnposed concerning student conduct and affairs. Pi Kappa Phi is a national fraternity who has been a chartered organization on FSU's campus since the 1950's with its most recent re-charter occurring in 2009. Their charter allowed them to conduct operations in association with Florida State University. A part of this agreement is that the rnembers and organization must abide by FSU policies. Among these policies is a prohibition against any form of hazing. All fraternity members are required to affirm compliance with this policy in writing and undergo training on what conduct constitutes hazing. A roster of members and prospective members is required to be filed with FSU. This Grand Jury has reviewed the membership rolls and officer designations for the Pi Kappa Phi chapter at FSU. Fraternities are permitted to recruit and add new members twice a year. This process is known as "Rush", Fraternities conduct thís recruiting in the fall and spring terms, Pi Kappa Phifollowed this procedure and recruited members in the fall of 2017. After agreeing to conditional membership, the prospective rnembers undergo a probationary period where they are indoctrinated into the fraternity traditions and culture. During this period, they are called "pledges" and are tested änd screened prior to theìr futl indoctrination. The indoctrination varies between organizations, but eventually culminates in the initiation ritual whereby the pledges are granted fult mernbership in the fraternity. pi Kappa Phi at FSU was led by officers elected by the localfraterni$ brothers. Officers included a President, Vice-President, Treasurer, Secretary, Warden, Historian, Standards, and Chaplain. These officers constitute the executive board and run all operations of the fraternity. Many sub-officers and committees also exist wíthin the fraternity. Of relevance to this inquiry is the pledge training hierarchy. The Warden is in charge of pledge training and indoctrination. He appointed a Pledge Master and two Marshals. The Pledge Master's job is to discipline and direct the pledges. The Marshals are each supposed to be conduits for the pledges to communicate with the brothers, Ïhe Marshals are to be asked questions concerning the fraternity and their conduct. The executive board began the process of initiating the pledges at the beginning of November 2017. Pi Kappa Phi had enrolled 54 ptedges in the fall of 2017. On November 1st,2017 ,42 pledges remained at the end of the pledge term. All were under 21 years of age. One of these pledges was Andrew Coffey, aZ}-year-old student from Lighthouse Point, Florida. Coffey had no criminalor substance abuse history. The pledge class was required to attend multíple events the week of Coffey's death. This included the "reveal" of their "Big Brothers." Big Brothers are a common mentoring program in fraternity life. A pledge will be paired with a full member of the fraternity. The Big Brother will mentor the pledge through his 4 pledge period and initiation. The Bíg Brother acts as a benevotent helper who guides his assigned pledge. ln practice, Big Brothers have also been known to provide alcoholto pledges and encourage pledges to engage in dangerous behaviors, On November 1tt, 2017 Andrew Coffey's Big Brother was revealed to hím at an initiation event at the Pi Kappa Phi house, At the ritual, the pledges were blindfolded, and at the fime of the reveal the blindfolds were removed revealing the assigned Big Brothers who would be standing in front of their assigned pledges. The reveal ritualfinished around 3:00 a.m. The following evening, November 2,2017, was "Big Brother Night." This wâs a fraternity party held at an off campus home at 1012 Buena Vista Drive, Tallahassee, Florida. With the exception of two strippers who were hired to perform at this event, only Pi Kappa Phi brothers and pledges were allowed to attend. At Pi Kappa Phi, a part of the big brother relationship is centered on the lineage of big brothers. When a pledge is assigned his big brother, he becomes a part of the "family" which includes multiple "generations" of big brothers. The big brothens explain 'family traditions." One such tradition is the family drink. It should be noted that prior to this party these same underage pledges had been disciplìned by the fraternity with a "liquor ban" for a prior incident' The liquor ban meant that while the fraternity would endorse them illegally consuming wine and beer, they were forbidden to consume liquor. At the beginning of Big Brother Night the pledges were expressly told this ban was lifted. The liquor ban was lifted in order for the pledges to "celebrate" their Big Brother reveal as it was 5 expected there would be drinking to the point of extreme intoxication' Several of our witnesses testified to seeing both Big Brothers and pledges extremely intoxicated and drinkíng liquor straight from the bottle, a pract¡ce known as "lifting the bottle," All brothers, officers and pledges have been explicitly warned that a pledge may not be forced to drink as that would constitute hazing. The fraternity witnesses were very careful about how they characterized their behavior on the night in question. A common theme throughout the pledges' testimony was an emphasis that they voluntarily drank to excess. Many of the witnesses' testimony appeared rehearsed, as if they were speaking off a "script." They presented many of the same answers as each other, and volunteered much self-serving information without being asked. Although one pledge did not consume any alcohol at all, we heard testimony that the other pledges were actively encouraged to drink to extreme excess. Sorne of the pledges were unable to give lucid accounts due to thÍs intoxicatÍon, One pledge had a bottle taped to his hand. Many pledges became inebriated to the point of having difficulty controlling their behavior. The big brothers not only provided the alcohol and encouraged the drinking, but then were charged with caring for the drunken pledges. We have heard that at least a dozen of the pledges vomited due to alcohol consurnption, whether it was from intoxication or "pulling the trigger" [causing themselves to vomit voluntarily] in order to avoid feeling ill or making it possible to continue drinking, While pledges 6 were not physically "forced'' to drink, it is clear that the environment created by the teaders led to an expectation of abusive drinking or face possible ostracism. Andrew Cotfey was provided a bottle of Wild Turkey 101 proof bourbon. He followed his family tradition and consumed it. He passed out and had to be carried from place to plaCe. After being desCribed as "sleeping" on a futon on the porch for some period of time, he was moved back into the home, still completely unconscious, There was some evidence that he may have vomited and/or urinated on the futon. The last observations of him alive were during the late night hours while other partygoers played pool. He was heard "snoring loudly'on a couch in the living room. His Big Brother left him there and went home. No one called for medical attention that night, As Andrew Coffey's mother put it ¡n a letter which we have attached to this Presentment, her son "died all alone in a room full of peoPle," The next morning a fellow pledge tried to awaken Coffey without success' He then found Coffey not to have pulse. Phone records demonstrate that thÍs fellow pledge called and texted five other members of the fraternity prÍor to calling 911. This resulted in over an 11 minute delay in summoning help for Cotfey' While this time would not have saved Coffey, it reveals much about the culture within this fraternity. The brothers, pledges, and officers were more concerned about getting in trouble than they were about trying to save Coffey's life, tnv. Dan Copelin from the Tallahassee Police Department and other law enforcement have spent an enormous amount of time investigating the death of Andrew Coffey. Law enforcement has been frustrated in many ways by the lack of cooperation from the members and pledges of Pi Kappa Phi, They have interviewed twenty-two (22) pledges with varying degrees of success and had nineteen (19) pledges refuse to speak with them. Of the members of Pi Kappa Phi sixteen (16) brothers were interviewed and twenty-two (22) brothers refused be interviewed, And most irnportantly, of the executive council, the leadership of the fraternity, only two (2) agreed lo speak with law enforcement while seven (7) refused, Based on the testimony of lnv. Çopelin, the refusals to cooperate in the investigation of Coffey's death were tied to concerns of harming the fraternity or being labeled a "snitch." This lack of cooperation necessitated the convening of this Grand Jury as a means to compelthis testimony through the use of our subpoena power, Dr. Lisa Flannagan conducted the autopsy of Andrew Coffey. She found him to be an otherwise healthy twenty-year-old man, He was estimated at being 6 feet tall and 200lbs, $he determined his death was a direct result of acute ethanol toxicity, At the time of autopsy his blood alcohol level was .447gldl. However, testing of other bodily fluids demonstrates that his peak blood alcohol would have been even greater with a vitreous ethanol level of .558 g/dl, We have heard that this is nearly seven times the legal limit for driving and was a lethal amount of alcohol. Dr. Flannagan further explained the danger of such abusive alcohol intake, From a medical perspective, consurning alcohol at a volume and pace that would result in the levels found in Coffey's system poses a high risk of death. There is a misconception that protecting an intoxicated person's airway by putting the person on their side is an etfective way to care for 8 the person. Dr. Flannagan testified that anyone who is severely intoxicated needs to go to the hospital ímmediately as vomit causing an airway obstruction is not the only danger present under these circumstances. There are several factors at play at high levels of intoxication that can result in death. Such high levels of alcohol are toxic to the heart and brain. lt attacks the central nervous system which Çan cause black-outs and other cognitive issues as well as respiratory distress. These dangers are clearly not undergtood by the student witnesses in this case, There is no way to predict whether a particular bingedrinking event wilt be fatal due to a variety of factors, Hence, college students should never drink in this manner or encourage others to do so. We have heard that FSU had previously taken numerous steps to address alcoholabuse and hazing. These include mandatory trainings, the ability to anonymously report hazing online, public speakers, law enforcement interventions, both internal and external investigation and discipline panels for organizations, and others, However, each of these attempts have been frustrated by the readily apparent culture which is clearly set on navigating around these regulations, President John Thrasher testified to all that he has done to address the issues of hazing and excessive drinking. We are very impressed by all of his efforts. He explained that he personally spoke with the presidents of all fraternities just three weeks prior to this tragedy. He was very clear, he would not tolerate any further reckless and dangerous behavior but his warnings about substance abuse and student safety fell on deaf ears. ln the wake of this event, President Thrasher has indefinitely suspended all fraternity 9 and sorority activities and suspended the use of alcohol at all university events and facilities. We appreciåte the leadership of President Thrasher and Vice President Hecht in making these difficult decisions. While fraternities and sororities bring countless benefits to participants and the community as a whole through lifelong friendship, philanthropy, and character building, Andrew Coffey's death should make us question whether these benefits are outweighed by the danger of an organization whose culture celebrates drinking to excess' Equally troubling are the elements of conspiracy and obstructionism surrounding this case, lnvestigators have found that over 80 persons were present at the party, The Tallahassee Police Department and Florida State University Police Department are to be commended for their tireless pursuit of the truth. Yet, their attempts to explain Coffey's death were persistently frustrated by his fraternity brothers, There is no good reason for a pledge to call fraternity brothers and fraternity officers when an ambulance is needed. This was followed by the pervasive lack of cooperation with police inquiries, Many witnesses to this event required legal immunity before they would discuss what occurred. Their lack of accountability was illustrated by the ack of substance in their testimony, their demeanor while testifying, and the overall glib attitude of Andrew Coffey's so-called brothers towards this very serious matter. Those who flat out refused to answer any questions by law enforcement were hard pressed to explain why. We heard testimony that most of the pledges and members were more concerned with the fraternity being kicked ofl campus and/or their own legal liability. l0 The l-.aw Florida Law defines hazing as: "hazing" means any action or situatiort that reckless/y or intentiônatly endangers fhe mental or physicat h_ealth or safety of a studentior pu¡poses including, but not limited to, iniliaiion or admrss ìon into or affiliation with any organizatíon operating under the sanctian of a posfsecondary institutíon. "ilazing; includes, but is not limíted to, pressuring or coerciñg the student ínto violating sfafe or fedenl law, any brutalitl of a physical nature, such as whippÌng, beating, branding, exposúrc to the elements, forced cansumption of any foù, liquor, drug, or other subsfance, or other forced physícat ac[ivity thal cautd adversely affect the physical 'he'atth or safety of the student, and also includes any activity that would subiect the student to extreme menlal sfress, such as s/eep deprìvation, forced exclusion from social contact, forced conduct that could rcsult in extreme embar¡ass ment, or other forced activity that could advercely affect the mental health or dignity of the student' Fla. Stat. Ann, $ 1006.63 (West). Florida has criminalized the following conduct: A person a first degrce misdemeanor, commÌts hazing, punishable as provÌded ¡n s. 775.082 or s' 775'083, when he or she intentioinatly or recklessly commits any act of hazing as defined rn subiecfion (1) upon another person who is a member of or an applicant to any type of student organization and the hazing creafes a subsfantial rísk of physical iniury or death to sucfi other person. Fla. Stat. Ann, $ 1006.63 lWest), When this conduct results in death, it becomes a felony' A persort commits hazing, a third degree felony, punishable as provided in s' 775'082 or s' 775.083, when he or she: intentíonatly or recktessly commits any act of hazing as defined in subsectíon (1) upon another person who is a l1 of or an fo âny type of student or iniury organizatíon and the hazing resu/fs in sen'ous bodily death of such other person, member Ffa. Stat. Ann. S apptícant 1006.63 lWest) GQNCLUSION AN D RECOIIJI IIIENDATION$ Despite all of the considerable efforts of President Thrasher and his team, they emphasize, and we agree, that real change will come only when students adopt a culture where safety, honesty, and transparency are prioritized, lt is here that we suggest continued strong intervention by Florida State University and other governing bodies. The Leon County Grand Jury and the criminaljustice system have expended considerable resources ascertaining facts that should have been disclosed freely to the University. Moving forward, we feel it is criticalthat all students be required to cooperate with law enforcement. We are mindful of Fifth Amendrnent rights; however, the University is enÇouraged to condition their enrollment on cooperatíng with investigations when tragedy occurs, lt is impossibte for any organization to rnanage the conduct of their members without the'ability to gather truthful testimony, lt should be a condition of enrollment to sign an agreement that students will truthfully account their behavior and observations subject to an official investigation. lf they fail, they should be subject to academic discipline íncluding expulsion. Such an honor code would compel these students to act responsibly after a tragedy, even if they didn't beforehand. This same protocol is found throughout industry and government. Law r2 enforcement officers are compelled to give an account of their use of deadly force or fose their jobs. While these staternents cannot be criminally used against them, they certainly guide future law enforcement decisions and can separate officers who abuse the power entrusted in them. We suggest that the students and administrators at FSU and other institutions be guided by the same logic. We further think that fraternity and sorority houses and any functíons conducted by student organizations should be required to admit law enforcement into their events without legal cause. ln order to protect students, the veil and culture of secrecy must be lifted, We hope that students will make better decisions if they know that they will be held accountable for their actions' Regardless, we want to ernpower our university leaders to rnake decisions based on truthful accounts As such, we specifically recornrnend the following: 1. Refresher trainings about hazing and binge-drinking conducted prior to fraternities and sororities resuming activities at FSU. 2, The formation of committeeS led by a combination of law enforcement, FSU administrators, faculty, and staff; and fraternity and sorority members with the goal of increasing awareness regarding the dangers of alcohol and binge-drinking, 3. Florida State University should have the abîlity through their Student Code of Conduct to require student participation in the conduct l3 process. Without students' participation and honest testimony, it becomes challenging to obtain enough information to sanction chapters and individuals through the University's conduct process. 4, Florida State University should have the abitity to adjust their Student Conduct process to allow for the suspension of any student who participates, is in the presence of, or allows him/herself to be hazed, and does not report that hazing or act¡vely participate in the conduct process to adjudicate the incident, 5. Any residence that is used by a registered student organlzation for living, meeting, or social events should prov¡de access to University police officers and other administrators without notice regardless of whether they are privately-owned facilities or not. 6, lncrease and strengthen the University's partnership with the City of Tal I a hassee to cooperative ly a dd ress off-camp us frate rn ity/s orority functions that fall within fheir respectíve jurisdictions. 7. Florida State University should create a Community Scorecard available online and updated each semester. The $corecard will communicate the performance and standing of individual chapters on variety of areas, including but not lirnited to: average GPA of members, dollars raised for philanthropies, average seruice hours per member, the number of incidents charged through the conduct process, number of findings of responsibility, and the sanctions. 14 a While alcohol abuse is pervasive throughout our cornmunity, the scale on which it is embraced within the FSU chapter of the Pi Kappa Phi fraternity is alarming. The Grand Jury finds that while Andrew Coffey's alcohol consumplion was not physically forced, the acts that cutrninated in his death occurred within an environment of hazing. There appears to be a tradition of attempting to skirt the hazing laws by employing other methods of coercing the pledges to drink heavily, not to mention the flagrant violation of other laws such as Possession of Alcohol by a Minor, and providing Alcoholto a Minor. The big brothers in a fraternity setting are in a position of power and authority over the pledges. Throughout the indoctrination process, pledges are expected to obey their Big Brothers or be subject to discipline that could include being dropped from the fraternity. The pledges are expected to obey commands given not only through words, but also by example and through implication. For exampte, big brothers giving a bottle of the "family drink" to the pledges, requiríng pledges to arríve by designated driver, setting up safety monitors to watch the drinking, and regaling pledges with stories of their extreme intoxication the nigh I they got fheir big brothers. So while not physically forcing anyone to drink alcohol, the big brothers clearly convey the expectation that the pledges "finish the bottle" or at least become highly intoxicated' Witlingness of the pledges to engage in life-threatening behavior in no way absolves fraternity members of their criminal culpability if they did anything to incite or encourage the behavior. 15 ln this case, fraternity brothers and fraternity officers organized and executed a party with the express purpose of helping underage pledges get inebriated. And in the process a young life was senselessly extinguished. These students involved in this case are adults. Their enrollment at FSU confirms a high tevel of intelligence and academic success, Yet their behavior during the events in questiorr demonstrates a recklessness and a lack of integrity that reflect badly on themselves, their fraternity, and their University, Aside from their behavior while under the influence of alcohol, in the sobering aftermath and somber days that followed they have repeatedly made the choice not to speak out, but rather to remain loyal to a culture of secrecy that cannot be allowed to continue. Actions have consequences and it is time that they learn this. lt is not unreasonable to hold them responsible for the decisions they made and the actions they took. We the Grand Jury encourage the Office of the State Attorney to pursue any criminal charges as the evidence will warrant. The investigation into the death of Andrew Coffey and circumstances surrounding it are ongoing, The investigation is not yet complete and there are numerous items of evidence still outstanding, We do see evidence that will support crirninal charges and we leave the decision as to specific charging up to the State Attorney or a future Grand Jury. THEREFORE, with a quorum present and twelve or more in agreement, we make this presentment. l6