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NEWS
[ Monday, Jan. 12, 2004 ]

Bouncers charged in Serrano incident
Two employees of the All American Rathskeller have each been charged with a count of involuntary manslaughter in his death.

Collegian Staff Writer

Two employees of the All American Rathskeller, 108 S. Pugh St., are facing involuntary manslaughter charges in connection with the death of Penn State student Salvador Peter Serrano.

Bar manager Christopher Rosengrant, 30, and Rathskeller employee Jason Rosengrant, 27, each face one count of involuntary manslaughter for Serrano's death.

A preliminary hearing is scheduled for both men at 8:30 a.m. Thursday at Centre County Courthouse in Bellefonte.

Rathskeller owner Duke Gastiger did not return phone calls to confirm the defendants' employment status, but a bar employee said this weekend that Chris Rosengrant is still performing his duties as manager.

Serrano died after he and several friends were in an alleged confrontation with employees of the Rathskeller about 1 a.m. on Oct. 26. Police arrived to find Serrano being restrained and unresponsive. He later died at Mount Nittany Medical Center.

Centre County Coroner Scott Sayers said Dec. 5 that Serrano suffered from respiratory complications as he was being restrained. Serrano aspirated, vomited and then choked to death on his own vomit.

His blood alcohol level at the time was .24 percent, according to court documents.

The State College Police Department filed charges against the two brothers on Dec. 17 based on the recommendation of Centre County District Attorney Ray Gricar.

Although Sayers ruled the death an accident, Gricar said the findings of a police investigation and how they match the legal definition of involuntary manslaughter led to his decision.

Gricar said involuntary man-slaughter in Pennsylvania is defined as reckless or negligent behavior that results in a death, and he thinks the bouncers' actions fit that definition. A conviction on this charge carries a sentence of two-and-a-half to five years in prison.

"The way that they handled Serrano led to his death," Gricar said, citing the coroner's report that said if Serrano had not been restrained, he would still be alive.

Phone calls to Karen Muir, defense attorney for both defendants, were not returned late last week.

Only police can bring charges against individuals, but Gricar said it is customary for police departments to consult his office before filing in cases of this nature.

"In homicide cases, it is usually my call," Gricar said.

According to court documents, the incident began when Rathskeller bouncers Ryan and Curtis Rosengrant approached Timothy Padalino for urinating in a parking lot behind the bar. The brothers had been in Calder Way after escorting a patron from the building. This individual was not connected with Serrano or his group of friends.

Multiple accounts from the bouncers, Serrano's friends and bystanders who witnessed the incident vary, but the descriptions all agree that a physical and verbal confrontation began between Rathskeller employees and the students.

The two defendants, along with Colin Haughton, an employee of the Rathskeller, and Devin Johnson, the man who made the 911 phone call who was a former employee and patron of the bar that night, were requested to assist with the incident.

When police arrived on the scene after being called by Johnson, they found each member of Serrano's group being held by bouncers.

Ryan Rosengrant was restraining Padalino, Haughton was restraining Brooke Morgan, Chris Rosengrant and Johnson were restraining Alison Bresnahan and Jason Rosengrant was restraining Serrano.

Police said they first dealt with Padalino, who was putting up the most resistance, adding he was heard complaining that he could not breathe.

They then turned their attention to Serrano, who was found unresponsive and had a whitish fluid coming out of his mouth.

Witness accounts vary as to how Serrano was being restrained. Some said he was restrained by multiple bouncers and had Jason Rosengrant's knee in his back, while others said only Jason Rosengrant was holding him down by laying perpendicular on his back, according to the documents.

Witnesses also said the bouncer restraining Serrano seemed distracted by other events after Serrano was subdued.

Police initiated emergency response procedures, including oxygen and a defibrillator. Officers noticed marks on Serrano's neck and said it was difficult to apply oxygen.

A broken necklace was later found in Serrano's shirt that matched the marks on his neck.

According to the documents, an initial autopsy performed at the hospital by Dr. Gordon Handte confirmed later reports that Serrano died by choking on his own vomit. Handte also concluded that Serrano's level of intoxication and the conditions of his restraint both played a part in his death.

Gricar said he expects the case to be hard-fought based on these medical findings and the differing accounts of how the fight began.

"Obviously, this is going to be a hotly contested case," he said.

 

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Updated: Monday, January 12, 2004  11:23:33 AM  -4
Requested: Saturday, October 11, 2008  1:50:56 PM  -4
Created: Wednesday, May 07, 2008  6:44:25 PM  -4