Fraternity linked to assault has history of problems

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May 7, 2010

By STEPHEN BARTLETT Staff Writer The Press Republican Fri May 07, 2010, 03:28 AM EDT

PLATTSBURGH — College students who allegedly beat a local man belong to a fraternity at Plattsburgh State that has a history of infractions.

But Theta Kappa Beta members say they are the ones being wronged, not the 20-year-old who ended up with facial cuts and a fractured jaw bone.

And an attorney for one of the students charged with gang assault says his client wasn't involved in the incident.

"I am extremely confident that the evidence, after a more thorough investigation is conducted by the Clinton County District Attorney's Office, will show that Mr. (Christopher) Tommasino was never, in any way, involved in this incident," said Michael C. Viscosi, an Albany attorney.

ALLEGED ASSAULT

Around 1 a.m. April 23, Ryan McKinstry entered the fraternity house at 5090 South Catherine St. so he could pick up a friend who had been drinking.

Upon entering the house, McKinstry was allegedly struck in the head by Andrew Gregg, who was wearing brass knuckles. McKinstry told police he was then dragged into the living room and repeatedly beat in the face and head as he tried to curl into a ball on the floor.

McKinstry ended up at CVPH Medical Center and was later moved to Fletcher Allen Health Care in Burlington, where he underwent surgery. He suffered cuts to his face and fractures to his lower jaw bone and required stitches and screws in his jaw.

CHARGED

Plattsburgh City Police have charged Gregg, 19, of Albany; Bulmer, 20, of Plattsburgh; Tommasino, 20, of Plattsburgh; and George Stackpole, 23, of Plattsburgh with first-degree gang assault, a felony.

Gregg was also charged with fourth-degree possession of a weapon.

Tommasino was out on bail Thursday, while the rest remain in Clinton County Jail.

Viscosi said Thursday that another arrest had been made in the case. But City Police Chief Desmond Racicot said the incident remains under investigation and that no further information would be released Thursday.

Stackpole and Tommasino are members of Theta Kappa Beta. Gregg is a Plattsburgh State student but not a fraternity member. Bulmer attended Plattsburgh State for a year in 2007 and 2008.

The university has suspended the students as their cases move through the system.

Viscosi, of Tully Rinckey law firm, said Tommasino was not even in the room when the alleged assault occurred.

He said Tommasino is unable to participate in finals and is eager to continue his education at Plattsburgh State.

The lawyer further said allegations that a weapon was involved or more than one individual assaulted McKinstry are "without merit and maliciously motivated."

Theta Kappa Beta has scheduled a protest for 10 a.m. today in front of the Kehoe Administration. Members say they want to express their views on the allegations.

PAST PROBLEMS

This isn't the first time Beta fraternity members have been in trouble.

In fall 2009, Theta Kappa Beta was placed on probation for hosting a non-student guest who assaulted a Plattsburgh State student and for a Beta member verbally threatening a student. The non-Plattsburgh State individual was criminally charged, and the fraternity was held accountable for its guest's and the fraternity member's actions.

In 2006, the fraternity was found responsible for several members lying to police during an investigation. Theta Kappa Beta was suspended until the fraternity met a series of conditions in December 2007.

"If you go back even further, you will find other infractions, but it is also important to remember that the membership in student organizations changes from year to year," said Michelle Ouellette, director of public relations and publications at Plattsburgh State.

She said that in the wake of the current incident, the fraternity could lose its recognized status on campus, pending the results of the police investigation and judicial review by Plattsburgh State.

GOOD WORK

"As the representatives of the governance councils for the fraternities and sororities at SUNY Plattsburgh, we want to state that our fraternal community does not condone criminal behavior of any sort," Nicholas Lavigne, interfraternity council vice president for public relations, and Tiffany Probst, inter-sorority association vice president for public relations, said in a joint press release.

"Our community is based on the common values and standards of friendship, scholarship, leadership and service. We, as a group, are resolved to uphold these values, and, as a result, we want to make it known that issues of violence will not be overlooked."

They said the Greek system at Plattsburgh State donated more than 9,000 hours of community service last year and raised more than $65,000 for charity.

"Yet, we realize that when it comes to criminal behavior, the negative actions of a few often overshadow the good work of the many, and we feel that there is no room for violence in our organizations or on our campus."

E-mail Stephen Bartlett at: sbartlett@pressrepublican.com