Superior Court Ruling Paves Way For Trial In IUP Student's 2017 Death
INDIANA, Pa. (KDKA) - There's been a major development in the case of an IUP student who died three years ago after a fight with a fraternity brother. A superior court ruling paves the way for a trial this fall, and a grieving father says he's hopeful of justice for his son.
David Zweig says he wants justice for his son Caleb but says he's been blocked at every turn. Now, the superior court has ruled in his favor, giving him some hope that day will come.
It's been three and half years since his son Caleb, an IUP student, died just hours after a fight with his fraternity brother Brady DiStefano. But after three and half years of trial delays, appeals and emotional pain, David Zweig finally has some reason for hope.
"I'm bruised and battered but I'm hopeful there will be some justice in this case," Zweig says.
It's been a twisted road. While prosecutors initially charged DiStefano with criminal homicide and aggravated assault, Indiana Common Pleas Judge William Martin threw charges out — only to have a higher court reinstate the aggravated assault charge.
Then last December on the eve of the trial, Martin ruled the jury could hear no evidence DiStefano's actions led to Caleb Zweig's death and barred the testimony of the forensic pathologist who performed the autopsy. Now, the superior court has again overruled Judge Martin, allowing that testimony.
"I just hope that justice is gonna now be served now that he's been corrected -- this judge -- twice," says David Zweig.
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DiStefano's defense team has declined to comment in this case but in court challenged the testimony of one eyewitness who said he saw DiStefano on top of Zweig with his hands on or around his neck. His attorneys have argued DiStefano did not cause Caleb Zweig's death.
David Zweig believes otherwise and wants DiStefano to face prison time for his actions: "My son was killed, whether you want to call it homicide or aggravated assault. The net result of either is that my son at 20 is dead. Gone. I'm just holding out for justice."
Now, the case is back in Judge Martin's courtroom. Barring any new rulings or delays, Brady DiStefano is scheduled to go on trial in November.