In the wake of the tragic, accidental death of Arman Partamian following a night of partying during a pledging event at SUNY Geneseo, three members of the PIGS fraternity are becoming familiar with the unofficial motto of the American "justice" system: "If you can't prove someone guilty of an actual crime, invent one!"
According to the Rochester Democrat and Chronicle, Devin McClain, 21, Alex Stucki, 20, and Daniel Wech, 21, have been charged in the death of Partamian on March 1.
McClain, Stucki and Wech are each facing the following charges: criminally negligent homicide, a felony; three counts of first-degree unlawfully dealing with a child, one count of second-degree criminal nuisance, one count of first-degree hazing, all misdemeanors; and two counts of second-degree hazing, a violation.
All of these young men have pleaded not guilty to these charges, and rightly so. Although I don't have all the particulars surrounding the events that occurred the night Partamian died, I'm fairly confident that if Livingston County District Attorney Thomas Moran couldn't come up with any charges alleging that McClain, Stucki, and Wech intended to cause the death of their friend, they're probably innocent of any actual crimes. Even the most serious of these charges -- criminally negligent homicide -- implies the lack of intent to do harm.
Of course, that little detail doesn't matter when it comes to the state. Politicians, police officers, prosecutors, and judges all work in conjunction to craft and enforce all sorts of laws here in these United Police States of America that, ironically, intend to criminalize nonviolent behavior, which will ultimately turn us into a nation of lawbreakers.
Hence, the age-old common law standard of mens rea -- the concept that there is no crime without a "guilty mind," or no crime without intent -- has effectively been cast to the dustbin of history. Whereas the mens rea of robbery is the intent to deprive someone of his personal property, the mens rea of murder is the intent to deprive someone of his life. Note, however, that according to New York law a person is guilty of criminally negligent homicide when "with criminal negligence, he causes the death of another person."
Clearly it would have been helpful if some teacher along the way had told the geniuses who drafted New York's penal codes that, as a general rule of thumb, you don't use the term you're defining in the definition. While this type of arbitrary language works to the state's benefit because it ensures we really don't know what's against the law and what's not, the entire concept of "criminal negligence" is an oxymoron in the first place if we apply the moral standard of mens rea: Criminality requires intent, which is absent in the event of negligent behavior; thus, a death that results from negligence should not be considered a crime.
To be sure, this is not to say that negligence should not be punished. Certainly one could bear a civil responsibility, and therefore be required to pay a civil penalty, if his negligence results in the injury or death of an innocent person. However, criminalizing any number of acts that can be interpreted as "causing the death of another person" is a highly subjective practice that invites widespread abuse. After all, should we imprison high school girls if their ex-boyfriends decide to commit suicide after an unexpected breakup?
The remainder of the charges leveled against McClain, Stucki and Wech range from absurd to downright ignorant.
First, criminal nuisance is a catch-all charge that can be applied whenever police want to round up anyone who "knowingly" creates conditions that endanger others or contribute to unlawful activity. In other words, you may want to think twice before giving your buddies a lift to the library; certainly you know that operating a motor vehicle is a risky endeavor. Of course, this charge obviously has been applied to the Geneseo Three to hold them criminally liable for providing alcohol to a minor because Arman Partamian was only 19 years old. According to the standard of mens rea, however, this cannot morally be considered criminal behavior because Partamian willingly ingested the alcohol. Moreover, drinking laws are immoral on their face -- any adult has the natural right to consume alcohol if he chooses.
As for the ridiculous charge of first-degree unlawfully dealing with a child, well, see my previous comment. Arman was an adult. Just because New York law considers anyone under 21 a "child" when it comes to the purchase or consumption of alcohol, it doesn't prove that the Geneseo Three are criminals; it merely proves the state's laws are unjust. And hazing laws are as ridiculous as "hate crime" legislation. Even if someone is murdered, the crime is murder -- it hardly matters why the crime occurred. These charges are ancillary and excessive, and smack of little more than a brutish attempt by the DA to publicly smear McClain, Stucki, and Wech as mere miscreants who abused a defenseless child, instead of as human beings who may be guilty, at worst, of poor decision-making. In short, they probably say a lot more about the character of Thomas Moran than the guys he's attempting to throw behind bars.
(Via Bennett Loudon, author of the D&C report I linked at the outset, the young men face a total of 1-1/3 to 4 years; Stucki faces an additional tampering with evidence charge -- he allegedly removed Arman's PIGS jersey -- which could add an additional 1-1/3 to 4 years.)
And speaking of Moran, it appears the Geneseo Three aren't the only ones the DA is coming after. Per the D&C:
"The out-of-control binge drinking is going to end," Moran said moments after the arraignment of the members of an unsanctioned fraternity accused of causing the death of Arman Partamian, a 19-year-old student at the State University College at Geneseo.
"We've learned that many of the off campus fraternities have been operating illegal drinking venues where students come, show their student ID, pay $5 and get a cup and then drink without limitation," Moran said.
"I'm going to do everything I can to stop every one of those parties. If I have to start charging the fraternities with tax fraud, I’ll do that," Moran said.
To this I say: Why stop there? Moran should just start charging anyone who provides alcohol to minors with criminal nuisance and the assorted bevy of drinking infractions! After all, just because people usually find themselves charged with these "crimes" only after someone gets hurt, it doesn't mean that's the "only" time they can be applied. Come on, I've read the laws! All that these frat guys and sorority gals really have to do is create the conditions that "endanger" all the other kids on campus who, uhhh, drop five bucks at parties even though they have no idea what's going on inside.
Tom Moran, it's time to be a Real American! You know being a petty tyrant and pestering drunk kids about the stupid tax code isn't going to put a dent in off-campus partying; you gotsta pull out your jackbooted thugs and start raiding these hooligans, yo! A couple full-auto AR-15s to the forehead and soon enough word will start getting around campus that you're not fooling around anymore!
After all, you're the DA in a small college town, where students learn best by participating in teachable moments, observing their instructors and participating in hands-on activities. If you really want to beat the concept of criminality into these kids' dense skulls, no better way than to demonstrate it yourself.