Author: Hank Nuwer

Knox County sheriff: Do I run my department?
BY WALTER GRIFFIN Kennebec Journal & Morning Sentinel 01/16/2009

from the Kennebec. ME from the Morning Sentinel

ROCKLAND — Claiming county commissioners have attempted to usurp her authority to run her department, Knox County Sheriff Donna Dennison has filed a lawsuit aimed at clarifying just who is in charge.

Dennison and the Maine Sheriffs’ Association filed the suit in Lincoln County Superior Court last week.

The lawsuit, filed by association attorney Jonathan R. Berry, of Portland, asks the court to determine whether Dennison or the commissioners have oversight over her department.

The commissioners claim the county charter gives them authority through their agent, the county administrator. That includes day-to-day patrol assignments, the conduct of internal investigations and the appointment of deputies.

The commissioners voted last month to assume control of the department when Dennison rebuffed their attempts to discern how she intended to discipline deputies involved in a hazing incident.

The hazing incident involved the use of a stun gun on an off-duty deputy during his bachelor party in 2007. Although she initially withheld the results of her investigation and the subsequent discipline of the six deputies involved, Dennison eventually gave County Administrator Andrew Hart the results of her investigation.

Four of the deputies involved in the stun-gun incident received written letters of reprimand, and one received an oral reprimand.

Action against another deputy is pending arbitration.

The issue of whether Hart or Dennison should mete out discipline to Sheriffís Department employees was raised during the ongoing contract negotiations with the American Federation of State, County and Municipal Employees, the union representing county employees. The contract expired last month.

Berry said Knox is one of a handful of Maine counties that has adopted a county charter. He said the state law establishing the charter authority specifically omitted giving an administrator authority over the sheriff, district attorney or judge of probate.

“The law could not be more explicit in saying the county commissioners cannot issue orders to a deputy, either on duty or off duty” Berry said Wednesday. “The sheriff is a constitutional office. They are specifically referred to in the state constitution; the county commissioners are not. [The commissioners] were established by the Legislature. Under the constitution, the sheriff reports to the governor.”

County Attorney Peter T. Marchesi said Thursday the issue was ìdistorted and blown well out of proportion.î Marchesi said the commissioners want nothing to do with the day-to-day operation of the department, but simply want to follow the tenets of the charter, which require that the county administrator handle all personnel matters.

Marchesi said the union contract contained ìambiguitiesî that needed to be eliminated. He said the commissioners were attempting to deal with a ìdiscreet area of county governmentî dealing with allegations of misconduct and the imposition of discipline on county employees.

“The simple fact of the matter is that neither the commissioners nor the administrator have any intent or want to have any involvement in the department,” he said.

Berry said the sheriff and the sheriffsí association filed suit to determine whether state laws authorizing county charters also permit the reorganization of county law enforcement administration. He said that while the commissioners have control over the sheriffís budget, the sheriff has control over her department, including all decisions effecting its operations.

We acknowledge their power to do what they need to do,î Berry said of the commissioners. ìWeíre asking the court to rule that we can do our job and make sure that the men and women who serve the public report to one master, if you will.”

Douglas Co. Coach, 7 Players Charged in Alleged Hazing Incident
Last Edited: Thursday, 15 Jan 2009, 7:07 PM EST
Created: Thursday, 15 Jan 2009, 6:45 PM EST
A high school basketball coach and seven of his varsity players were arrested Thursday, Jan. 15, 2009 for an alleged hazing incident at Chapel Hill High School in Douglas County. The players are charged with sexual battery and the coach is accused of trying to keep the hazing quiet. Coach Jim Gaylor (shown here) was charged with obstruction, while his players were charged with misdemeanor hazing and sexual battery.
DOUGLAS COUNTY, Ga. (MyFOX ATLANTA) – A high school basketball coach and seven of his varsity players were arrested for an alleged hazing incident at Chapel Hill High School in Douglas County.  The players are charged with sexual battery and the coach is accused of trying to keep the hazing quiet.

Coach Jim Gaylor was charged with obstruction, while his players were charged with misdemeanor hazing and sexual battery.  Three of the players were charged as adults.

Click here and scroll down to read statement.

Draft below:

January 14, 2009

STATEMENT FROM BRIAN KOWIAK AND LIANNE KOWIAK, PARENTS OF HARRISON KOWIAK

Theta Chi, its members, and Lenoir Rhyne University should take no solace in the fact that the District Attorney elected not to file criminal charges in this case.  We have conducted our own independent investigation in advance of a civil action, and the true facts of this hazing incident will be revealed at the appropriate time.

The Kowiak family has suffered an unimaginable loss.  Harrison Kowiak was a loving son and brother who touched the lives of many people with his optimistic spirit and zest for life. He was a gifted athlete and an academic scholar who was driven to master any task. On the night of November 17, 2008, the brothers of Theta Chi Fraternity at Lenoir Rhyne University orchestrated a Hell-Week initiation ceremony to haze Harrison.

As a result of the negligence and carelessness of Theta Chi, its members and Lenoir Rhyne University, Harrison Kowiak lost his life after suffering a catastrophic brain injury during the hazing event. Theta Chi and Lenoir Rhyne University irresponsibly encouraged and allowed Hell-Week and hazing activities to take place.  Even more appalling is that, after a life was senselessly lost as a result of hazing, Theta Chi and Lenoir Rhyne University have failed to take any affirmative steps to punish or sanction the members of Theta Chi for their actions.

A young man lost his life and the law will not allow the university and fraternity to turn a blind eye to this tragedy. The Kowiak family is committed to making sure that hazing activities cease and that no family is forced to undergo heartbreak like this in the future. This incident proves that fraternity hazing is deadly. Hazing must be stopped and those who condone these dangerous activities will be held accountable for their actions.

January 14, 2009
Family believes their son was the victim of a fatal fraternity hazing

TAMPA — The family of a young Tampa man who died following fraternity activities in North Carolina last fall intend to file legal action against his college, his fraternity, and his fraternity brothers, citing “hazing” as the reason for the boy’s death.

Harrison Kowiak, 19, a standout golfer from Wharton High School, died after he hit the ground the night of Nov. 17, while engaged in a pledge week activity in the middle of a dark pasture off-campus, police said. A freshman at Lenoir-Rhyne University, a small liberal arts school in Hickory, NC, Kowiak was hoping to join the Theta Chi fraternity.

Eric Farr of the District Attorney’s office in Newton, NC, released a statement this week saying prosecutors found “no basis for criminal charges” in the death following an investigation by the Catawba Sheriff’s Department.

But an attorney for Kowiak’s family said this afternoon they believe hazing is to blame. Miami attorney Justin Leto of the law firm Alan Goldfarb, PA, issued this statement today on behalf of the family:

“Theta Chi, its members and Lenoir Rhyne University should take no solace in the fact that the District Attorney elected not to file criminal charges in this case,” the statement says. “We have conducted our own independent investigation in advance of a civil action, and the true facts of this hazing incident will be revealed at the appropriate time.”

To read the complete statement, click here.

After the accident, the fraternity brothers took Kowiak to Frye Medical Center. Next, he was airlifted to Carolinas Medical Center in Charlotte.

In an interview this afternoon, Leto said the family believes Kowiak was one of two pledges led to the field dressed in light colored clothes.

They were given the task to go from one point to another, but along the way the brothers, dressed in dark clothes, presented obstacles to the pledges, Leto said.

“There was physical contact,” he said. “They were pushed, they were tackled.”

Kowiak was being tackled when he fell to the ground and suffered a traumatic blow to his head, Leto said.

At the time, Catawba Sheriff’s Office said they didn’t believe the activities to be considered “hazing.” But Leto said the boys of the fraternity gave conflicting accounts of what actually happened.

“Even more appalling is that, after a life was senselessly lost as a result of hazing,” the family’s statement says, “Theta Chi and Lenoir Rhyne University have failed to take any affirmative steps to punish or sanction the members of Theta Chi for their actions.”

Dale Taylor, executive director of the fraternity, could not immediately be reached for comment Wednesday.

Rebecca Catalanello, Times staff writer

Media General News Service

Published: January 14, 2009

Harrison Kowiak

Hickory, NC – The Catawba County District Attorney’s Office has found no basis for criminal charges surrounding the death of a Lenoir-Rhyne University student from Tampa in November.

Harrison Kowiak, 19, died Nov. 18 as a result of a severe blow to the head during an off-campus game of capture the flag during fraternity pledge week, according to a Catawba County Sheriff’s Office investigation. Kowiak was a former Wharton High boys golfer.

“The results of that investigation were submitted to the District Attorney’s Office. After a full review of the investigative report and the events surrounding the death of Kowiak, the District Attorney’s Office finds that there is no basis for criminal charges related to his death,” according to a press release from the District Attorney’s Office.

The District Attorney’s Office was contacted Nov. 19 regarding the death of Kowiak, a sophomore at Lenoir-Rhyne University, by the sheriff’s office.

At the time, Sheriff David Huffman said Kowiak’s injury appeared to be accidental and did not involve foul play.

Kowiak’s mother, Lianne, spoke at her son’s memorial service. A standing-room-only crowd packed the sanctuary.

“Be safe,” Lianne Kowiak told friends, students and faculty that gathered. “Live your life to the fullest as Harrison did.”

Harrison Kowiak grew up in New Jersey and loved the New York Yankees and Knicks, she said. He enjoyed snowboarding and skateboarding but found his calling playing golf. The small, private Lutheran college in Hickory recruited Kowiak to be a member on the university’s golf team.

Kowiak played piano and was teaching himself how to play guitar, his mother said at the service. He loved to travel and became the family photographer when he, his parents and sister went on trips to New York and Asia.

Lianne Kowiak said the family is donating his blue Volvo to the college’s golf team so students without cars can have transportation. Her son was also an organ donor and his kidneys, lungs, liver, pancreas and heart will be given to those who need them, she said.

His father, Brian, said he admired his son’s focus, determination and competitive drive.

“He opened up the world to me and I’m thankful for that,” Brian Kowiak said.

Kowiak’s golf teammate, Ty Dannenbring, said his friend “is in heaven and I’m sure he’s having an awesome time.”

Classes were suspended while the memorial service was held from 10 a.m. to noon, university spokesman Mike Langford said.

“It was a celebration of Harrison’s life and his time here with us,” Langford said. The college has about 1,600 students and Kowiak’s death shocked the tight-knit campus, he said.

When the service ended, students comforted each other outside of the red brick church, amid the fallen autumn leaves.

Tyler Cornack, a high school classmate of Kowiak’s, said he remembers his friend as a positive person who always had a smile on his face.

“He was genuine,” Cornack, 20, said. “He meant well. Every day. And that’s a rare thing.”

Cornack and Kowiak became friends when they both took a television production class at Wharton High School in New Tampa. The two would produce comedy videos for class projects, Cornack said.

News of Kowiak’s death left him shaken, Cornack said.

“It was just a freak accident,” he said. “It’s a tragedy.”

Mackenzie Parker lived in the same dorm with Kowiak at Lenoir-Rhyne last year and remembers his “beautiful smile.”

“He was such a good person,” said Parker, 19. “We need more people like him in the world. He had such an impact on everyone.”

The accident happened Nov. 17 around 11 p.m. in a pasture along N.C. 127 South, commonly known as Buffalo Farm, according to investigators. Between 17 and 20 members of the Theta Chi fraternity gathered at the private and gated field in southern Catawba County near Greedy Highway.

While playing capture the flag, Kowiak suffered a severe blow to the head, but witnesses were unable to explain the specifics of how the injury happened, authorities said.

Kowiak remained conscious after his injury but witnesses reported he was not making sense and lost some motor control.

Rather than calling 911, the students drove Kowiak to Frye Regional Medical Center, where he was treated before being flown to Carolinas Medical Center in Charlotte. He later died.

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