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NIU Hazing Case Gets Final Day In Court

Danielle Guerra
/
Shaw Media
Gary Bogenberger breaks down as he delivers his victim impact statement at the DeKalb County Courthouse.

All 22 former Northern Illinois University fraternity brothers charged in the hazing death of a freshman pledge appeared one by one in front of DeKalb County Circuit Judge Thomas Doherty Friday afternoon.

All of the defendants began the session by waiving their rights to a jury trial so this 30-month-old case finally can be put to rest.

Credit Bogenberger family photo
David Bogenberger

Each defendant received a sentence of 24 months of conditional release -- which requires that he stay out of trouble for two years -- and  must complete 100 hours of community service within a year. Most of the men will also have to pay a $500 fine: five defendants who were originally charged with felonies will pay $1000 fines.  

In November 2012, NIU Freshman David Bogenberger died after a night of heavy drinking in Pi Kappa Alpha’s fraternity house in DeKalb. The 19-year-old’s heart stopped … his blood alcohol level was .35, more than four times the legal limit.

Soon afterward, those involved with the fraternity party were charged for participating in the hazing that killed Bogenberger. Most of those charges were misdemeanors, but five were charged with felonies. Those five former students are James Harvey, 23, of Northfield; Alexander Jandick, 23, of Naperville; Steven Libert, 23, of Naperville; Patrick Merrill, 22, of Boston, Mass.; and Omar Salameh, 24, of Burbank.

Gary and Ruth Bogenberger -- the victim's parents -- both spoke to the court.

Credit Jenna Dooley / WNIJ
/
WNIJ
David Bogenberger's parents listen as DeKalb Co. State's Attorney Richard Schmack addresses reporters.

Gary Bogenberger read a statement to the defendants in court.

"David was a very affable, caring son who wanted acceptance and friendship. You used his need for these to render him incapacitated and dead. You didn't care for him. You left him alone to die."

David's mother Ruth also addressed the men in the room.

"On November 2, 2012, twenty-two men pledging to be David's brothers for life ridiculed, tormented, poisoned and killed him, Ruth Bogenberger read in court. "Worse even than all these things, they consciously denied him lifesaving medical help. The human decency that most of us would render to a sick animal, these self-proclaimed 'brothers' would not even extend to a young man they pledged a lifelong brotherhood to."

The parents also spoke with reporters after the sentencing.

Judge Doherty ended the emotional afternoon with a message for the Bogenberger family. He choked up while offering them sincerest condolences on behalf of all of the judges and court staff, and wished them peace.

BogenbergersCourt.mp3
The emotional impact statements delivered in Judge Thomas Doherty's courtroom by David Bogenberger's parents, Ruth and Gary. Judge Doherty comments at the end.