Hate crime charges dropped against most Salisbury students charged in off-campus attack
BALTIMORE -- Prosecutors in Wicomico County dropped felony assault and hate crime charges against at least 12 of the 15 Salisbury University students suspected in an off-campus attack in October.
Misdemeanor false imprisonment and second-degree assault charges remain for most of the defendants, and many of their trials are scheduled for late January.
Prosecution responds
The Wicomico State's Attorney's Office said in a statement to WJZ Investigator Mike Hellgren that prosecutors "reviewed the evidence gathered during the investigation and have charged as appropriate in light of that evidence."
They had no further comment.
One defendant, 20-year-old Dylan Pietuszka of Elkton, had more than 50 charges thrown out.
Captured on video
Video of the October 15 assault, which WJZ viewed, shows the victim being hit with a cookie sheet at an off-campus apartment.
"Why are you getting up? Why are you getting up? Make one more move, and I swear I'm going to punch the **** out of you, bro," one of the suspects yells. "Get back down! Lay down. Lay down. Lay down, or I'm going to punch the **** out of you!"
The victim pleads, "Please, can I just leave? Please, I won't do it again, I swear."
According to charging documents WJZ obtained, one of the students created a fake profile on Grindr, a dating app used primarily by gay and bisexual men, posing as a 16-year-old to get the victim to the apartment.
The students called the man anti-gay slurs while attacking him.
The age of consent in Maryland is 16.
Defense attorney: No hate crime committed
Steven Rakow, the Ocean City-based attorney for defendant Riley Brister, from Davidsonville, told WJZ that prosecutors told him they plan to drop hate crime charges against his client at a hearing Friday.
"After looking at all the evidence, which again, I still don't have discovery from the state yet, so I don't know what it is they're going to move forward with, but it's whittled down to second-degree assault and false imprisonment as far as Riley Brister is concerned," Rakow said. "With time and distance from the event, I think that clearer heads prevailed, and I think that's what the state realized at least at this stage—and getting rid of some of those charges they knew they couldn't prove."
Rakow said Brister, 20, is "relieved to not have hate crime and felony charges, so we'll take a look at what evidence the state has."
Rakow has maintained this is not a hate crime.
"The whole incident arose, allegedly anyway, about luring in an older gentleman that was going to have sex with a 16-year-old boy," Rakow said in a brief interview Thursday. "…A lot of people might say, well the age of consent is 16. I call B.S. on that because anybody under the age of 18 really should be protected."
PFLAG response
Mark DeLancey, the executive director of the Salisbury LGBTQ+ support organization PFLAG, declined to comment about the dropped charges because he did not have complete information on Thursday's court hearings, but he told Hellgren in a phone conversation it is wrong to blame the victim.
In a November interview with WJZ, he said, "There's no reason for something like this to happen just for someone being who they are."
Unity rally, suspensions
Salisbury University held a unity event on campus last month.
"We're here to send a very clear message. We will not tolerate violence. We will not tolerate hate," Salisbury University President Carolyn Lepere said at the time.
Salisbury University has condemned any acts of hate and suspended the students and the Sigma Alpha Epsilon fraternity chapter.
"They aren't allowed on campus property. They also can't take classes at S.U. either online or virtually, and they can't attend Salisbury University-sponsored events," school spokesman Jason Rhodes told Hellgren last month.
Rhodes repeatedly said "Hate has no place" at the university.
"These allegations are very shocking and disturbing. We've opened up counseling for students who may need support at this time, and we've also taken steps toward making sure the LGBTQ community on campus feels supported at this time," Rhodes said.
WJZ was the first to report the SAE fraternity expelled the students involved who are affiliated with its Salisbury chapter.
"Sigma Alpha Epsilon condemns hate and violence in any form, and we are disappointed that members of our chapter were involved in such an act," the suburban Chicago-based fraternity wrote in a November statement. "The Fraternity Service Center has reviewed the circumstances surrounding the incident and has confirmed that it was isolated to the expelled individuals. The remaining members of our chapter are devoted to our mission and continue to uphold the high standards expected of Sigma Alpha Epsilon.."
What's next?
Two students, 18-year-old Zachary Leinemann and 19-year-old Elijah Johnson, both from Crofton, still face hate crime charges that have been moved to circuit court according to a search of records.
Another defendant, 19-year-old Logan Clark, has a preliminary hearing set for December 12.
Many of the defendants are from the suburban Baltimore area.
Several trials have been set for January 29, 2025.
"We'll make a determination then as to what posture we're going to be in, whether the state makes a plea offer that's acceptable to my client or whether we go to trial and force the state to prove its case beyond a reasonable doubt," Defense Attorney Steven Rakow said.
