Sigma Alpha Mu named in lawsuit

A Brockport freshman, who became paralyzed after a September incident, filed a lawsuit against 23 Brockport students, the national and local chapters of Sigma Alpha Mu and a local business owner. Bryan Parslow, 18, and his mother, Beth, are named plaintiffs in the lawsuit that cites underage drinking, fraternity pledging, hazing and negligence.Parslow fell from a second-story window at 172 Main St., commonly referred to as "The Roxbury." Police were called to the boarding house, which was occupied by 20 members of the Delta Iota chapter of Sigma Alpha Mu, known in the community as "Sammys."

Parslow fell from a double-hung bathroom window on the second floor. Police later found Parslow on the ground outside The Roxbury, with a fractured vertebrae leading to paralysis and other disabilities.

He underwent numerous treatments and therapies, including spending time at the Kennedy-Krieger Institute in Baltimore, Md. He is currently recuperating in Caledonia, his hometown, according to his care journal, www.caringbridge.com/visit/bryanparslow.

The 33-page lawsuit files suit against 23 students, which includes all Sammys who lived at The Roxbury at the time of the incident, as well as seven students charged in the criminal investigation. Charges were filed with these seven students between September and December 2008.

The suit also names Norman "Norm" Giancursio. Giancursio owns Mr. G. Rentals, LLC, which currently owns The Roxbury, as well as other properties in the Brockport area.

Sigma Alpha Mu, the national chapter based out of Indiana, has been named a defendant, as well as the local chapter. The nationals claim the Brockport chapter, Delta Iota, is not recognized nationally, though they keep Brockport's chapter on their Web site as an active chapter. The fraternity is not recognized by the college.

The lawsuit also names John Does 1-20, who are currently unidentified members of the Sammys. The suit only names the members who lived at The Roxbury at the time of the incident. Jack Does 1-20 are also named, as unidentified residents of 172 Main St. Finally, James Does 1-50 are named as currently unidentified individuals when Parslow fell.

Students named as defendants are:

Phillip Schneider, 20, of Lake View

William "Kyle" Genewick, 19, of Lyndonville

Steven Leake, of Westbrookville

Daniel Diaz, of Inwood

Jonathon Henty, of Liverpool

Corey Schlobohm, 20, of Washingtonville

Josef Wolcott, of Lockport

Stephan Fuentes, 20, of Rochester

Andrew Leonello, of Auburn

Randall Franklin, of Medford

Oscar Ortiz, of New York City

Nicholas Hooks, 19, of Rochester

Jamaal Holmes, of New York City

Kelvon Agee, of Niagara Falls

Andrew Morgan, 21, of Spencerport

Karl Smith, 21, of Rochester

Kenneth Koperda, of Marcy

Junior Doñe, 21, of New York City

Jason Barry, of Auburn

Theodore Bilohlavek, 20, of Rochester

Charles Schmidt, of West Seneca

Nathan Zilak, of Orchard Park

Those whose ages were not given were over 21 years old at the time of the incident.

The lawsuit alleges there was a party at The Roxbury the night of Sept. 4, which was "planned and advertised by the defendant hosts." The party, according to the suit documents, is cited as an "official 'meet-and-greet' for SAM Brockport," where members were able to recruit new pledges to rush the fraternity.

According to investigators, who conducted a three-month long investigation in conjunction with The College at Brockport University Police and Monroe County's District Attorney Office, there was a flat fee charged at the door for admission into the party, as well as access to an unlimited supply of Keystone Light.

Two of the named students allegedly purchased alcohol from a local store using fictitious licenses, resulting in criminal impersonation charges. Schneider and Genewick were charged with criminal impersonation and unlawfully dealing with a minor. Genewick also paid for Parslow's admission into the party.

"The investigation showed that people were charged to attend the party and that unlimited beer was available to anyone who attended the party," Brockport Chief of Police Daniel Varrenti said. "Our investigation also showed that people were allowed to bring additional beer into the party."

Students were charged between $3 and $6 to drink. As the party-goers approached a stairwell, Henty allegedly collected the fees. Henty, 21, was charged with sale of alcohol without a license and unlawfully dealing with a child. It is noted in the lawsuit that Henty was the president of the fraternity at the time of the incident.

Throughout interviews conducted by police, which included more than 50 students, Leake was charged with obstructing governmental administration after interfering with investigator's interviews.

During the interviews, Diaz made a voluntary written statement to investigators. Signed under penalty of perjury, investigators determined the statement was allegedly false after speaking with witnesses. Diaz was charged with making a punishable false written statement.

Wolcott was also charged with unlawfully dealing with a child, and Schlobohm with unlawful possession of alcohol under 21, a violation.

While at the party, the court documents note the defendant hosts encouraged Parslow to consume alcohol and engage in fraternity-related activities, including a private, closed-door videotaped interview.

"The aforesaid defendants engaged in the initiation and/or hazing of person's present at the party, including plaintiff Bryan Parslow," the documents read. "The aforesaid conduct ... was intentional and/or reckless and created a substantial risk of physical injury to persons present at the party. The aforesaid conduct constitutes hazing as defined by the New York state penal law."