A judge yesterday denied a request to dismiss charges of involuntary manslaughter that were filed against two All American Rathskeller employees charged in the death of Salvador Peter Serrano.

The case is now set to proceed to trial, unless the defense files other pretrial motions before the March 9 deadline.

Yesterday's ruling was in response to a hearing that took place on Feb. 23, at which Karen Muir, the defense attorney representing Christopher and Jason Rosengrant, challenged an earlier ruling by a district justice to send the case to trial.

District Justice Thomas Jordan ruled after a Jan. 15 preliminary hearing, which lasted for eight hours, that there had been sufficient evidence presented against the bouncers to warrant sending the case to trial.

Yesterday's ruling by Centre County President Judge Charles C. Brown supported Jordan's ruling.

Serrano died Oct. 26 while he was being restrained after an early-morning altercation with two employees of the All American Rathskeller, 108 S. Pugh St.

The Rosengrants' next scheduled court appearance is March 25 for a pretrial conference. Jury selection is set to begin April 12.

During the hearing last month, Muir argued that charges against the two brothers should be dropped because "no one could have foreseen restraining someone in this manner would cause death."

Muir also argued that Serrano's blood alcohol level, which had been 0.24, was a significant factor in his death, and made it difficult for his body to deal with vomiting.

In his written opinion, Brown disagreed with Muir's arguments.

He wrote that the Rosengrants should have been aware their actions might eventually result in Serrano's death.

"The defendants consciously disregarded a substantial and unjustifiable risk [Serrano] would die as a result of their conduct or should have been aware of a substantial and unjustifiable risk [Serrano's] death would result from their conduct," Brown wrote.

He also wrote that the Rosengrants' conduct was a direct and substantial factor in Serrano's death, a necessary element for proving involuntary manslaughter.

"Although intoxication was a contributing factor to [Serrano's] death, this does not negate the effect of the defendants' conduct in causing [Serrano's] death," Brown wrote.

If Brown had granted the defense's petition, the charges against the Rosengrants would have been dismissed.