Students waive hearing

The three allegedly provided alcohol to a University junior the night she fell to her death from their Alexander Court apartment window.

The three roommates of 611 Alexander Court who allegedly provided alcohol to University junior Leigh Ann Prevatte on Feb. 2, the night she fell to her death from their apartment window, waived their right to a preliminary hearing before District Justice Daniel Hoffman yesterday.

University students Caleb (Matt) Hobbie and Jason D. Bakes, both 20, chose to forgo the preliminary hearing. The third student charged, Jeffrey R. Taylor, 21, waived his hearing on Tuesday.

A preliminary hearing is held to determine if the prosecution is able to meet certain evidential criteria that substantiate the need for a criminal trial.

Furnishing alcohol to minors is a third-degree misdemeanor that carries a penalty of up to a year in prison and a fine of no less than $1,000.

Hobbie and Bakes also are charged with underage drinking in connection with the events of Feb. 2.

A first offense for underage drinking is a summary violation with a penalty of up to 90 days in prison, a fine of no more than $300 and a driver's license suspension of 90 days.

Waiving the preliminary hearing is not an admission of guilt, said Thomas Kistler, the attorney representing Taylor.

"It's clear that there is enough evidence to sustain the charges, and the preliminary hearing would only prolong the process," Kistler said.

Prevatte fell from an open window at about 2:30 a.m. while attending a party at 611 Alexander Court, 309 E. Beaver Ave., Feb. 2. Prevatte was attempting to touch hands with a person in an adjacent window, the State College Police Department said.

The toxicology report, received by police from the Centre County Coroner's Office, revealed Prevatte had a blood alcohol content of .32 percent at the time of the fall, more than three times the legal intoxication limit of .10 percent, police said.

Centre County Coroner Rich Kelley ruled the death accidental.

Centre County District Attorney Ray Gricar said he took the results of the toxicology report into consideration when deciding whether to file charges against the defendants.

During a search of the apartment after the party, police seized a half keg of Busch beer, a near-empty bottle of gin and a marijuana pipe with suspected marijuana residue, police said.

The search warrant also quoted several witnesses as saying Prevatte and others were playing drinking games the night of the party, and one witness described Prevatte as "very intoxicated" before she fell.

The other two defendant's attorneys -- Roy Lisko and Gerald Barr -- could not be reached for comment yesterday.

The pretrial conference and jury selection are scheduled for May 23 and June 9, respectively.