The Daily Collegian Online	 - Published independently by students at Penn State NEWS
[ Thursday, April 5, 2007 ]

Drauch family to sue
The lawyer of an alleged drunk driving victim plans to file civil suits against students accused of supplying alcohol.

Collegian Staff Writer

The 11 students charged with furnishing alcohol to a Penn State freshman who was critically injured in December when struck by an alleged drunken driver avoided criminal trials by applying to a first-time offender program -- but some may now face civil action.

The victim's family lawyer, Gary Ogg, said he sent letters to those he could find addresses for, informing each that they may bear some financial responsibility for their alleged roles in 18-year-old Michael Drauch's alleged intoxication the night of the accident. Furthermore, the letter advises them to provide a copy to their appropriate insurance carrier, which is often homeowner's insurance, Ogg added.

Drauch was struck by a sport utility vehicle that State College police said was being driven by Katherine Applegate, 23, who had a blood-alcohol content of .208 at about 3 a.m. during her arrest, according to court documents. The accident occurred at about 1:45 a.m. Dec. 2 on the 600 block of East

College Avenue near the Meridian apartment complex, according to court documents.

It is unclear if Drauch's blood-alcohol content was tested the night of the accident, but police said they detected the odor of alcohol on his breath. Witnesses also told police that they saw Drauch stumble into the street, according to court documents.

Police determined in December that Drauch and four friends attended three parties before the accident, State College police Sgt. Keith Robb said.

Michael Barrish, 22, was one student charged with furnishing alcohol to Drauch, which police said stems from a party held in his apartment at 500 E. College Ave.

Barrish said last Thursday that the letter was sent to his Florida residence, and he planned to speak with his attorney soon.

"I'm uneasy about it, but I'm sure that an amicable solution can be found," Barrish said. "What that is yet, I'm not sure."

Former "Chicken Man" Gregory Gehl, 21 -- who is known for parading about campus in a chicken suit cradling a live chicken -- and Kirk Thompson, 21, were charged with supplying alcohol to Drauch at the same party as Barrish.

Barrish added that, to his knowledge, Gehl and Thompson had not received letters.

Police said Drauch and his friends also attended parties in the University Gateway apartment complex, 616 E. College Ave.

Police charged seventh-floor residents Stephen Herbert, 19, Michael Stanczak, 20, and Michael Nicoara, 19, for furnishing to Drauch. Third-floor residents Kelly Jubic, 20, Melissa Wertz, 21, Karen Scott, 20, and Rachel Vaira, 20, also received furnishing charges. In addition, Jason Lesniewski, 22, was charged for allegedly purchasing the alcohol for the party, police said.

Lesniewski was reached, but would not comment without speaking to his lawyer first. Others couldn't be reached for comment.

All 11 waived their preliminary hearings and applied to the Accelerated Rehabilitative Disposition program for first-time offenders, according to court officials. A charge of furnishing alcohol to minors can result in up to a year in jail and $3,000 in fines, police said.

Ogg said Drauch's case is in its premature stages, but civil action can end in either a settlement or a lawsuit.

The claims are being sent out to individuals and businesses that may in some capacity be responsible for factors leading up to the accident, Ogg said.

He also sent a notification of pending civil action to Zola New World Bistro, 324 W. College Ave., in February for allegedly "over-serving" Applegate once he discovered through preliminary hearing testimony that she spent about four hours drinking at the establishment the night of the accident.

Ogg said Drauch's medical bills are in "excess of a million dollars."

He added that although he hasn't spoke with Drauch's family in about a month, he knows Drauch's condition is improving.

Applegate, of 824 Elmwood St., faces criminal charges of accidents involving death or personal injury, DUI and failing to obey driver's license restrictions. Her pretrial will be held May 17, and jury selection is scheduled to take place in June, said William Arbuckle, Applegate's attorney.


 



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