Michigan State fraternity ‘pledge master’ faces decade in prison for alleged hazing death

INGHAM COUNTY — A criminal case involving a fatal hazing incident at Michigan State University is moving forward after the Michigan Supreme Court declined to hear a challenge to the state’s anti-hazing statute, clearing the way for a trial in Ingham County.

The state’s high court on Friday issued an order upholding a previous Court of Appeals ruling that affirmed the constitutionality of “Garrett’s Law,” Michigan’s specialized anti-hazing legislation. The decision effectively ends a legal effort by the defendant, Ethan Tin Cao, to have the law overturned and the charges against him dismissed on constitutional grounds.

Cao, identified as the “pledge master” of the Pi Alpha Phi fraternity, faces four felony counts: one count of hazing causing death and three counts of hazing causing serious injury.

The night of the “crossover”

The charges stem from a “crossover” party on Nov. 19, 2021, intended to celebrate pledges becoming full members of the fraternity. 

According to court documents, four pledges — Phat Nguyen, Hyung-Woo Jeon, Joshua Tran and Julian Garcia — were presented with 20 shots of alcohol to consume immediately — five shots each — upon Cao’s arrival at the house.

Testimony from the preliminary examination described a practice known as “scrolling,” where senior members pressured pledges to drink to excess. While witnesses testified that drinking was not explicitly required, one pledge noted it was “expected” and that fraternity brothers would be “upset” if they refused.

The evening turned tragic when East Lansing police were dispatched to the fraternity house to find three pledges unconscious but alive. The fourth pledge, Phat Nguyen, was pronounced dead at the scene from acute ethanol toxicity. A postmortem examination revealed Nguyen’s blood alcohol level was .386 percent; another pledge was hospitalized in intensive care for days with a blood alcohol level of .427 percent.

The legal limit in Michigan to operate a vehicle is .08 percent and the state’s super drunk law involves percentages of 0.17 or higher.

A leadership role

In his appeal, Cao argued there was insufficient evidence to bind the case over for trial, claiming he was merely “cheering” and that the statute was unconstitutionally vague. 

However, the Michigan Court of Appeals pointed to text messages recovered from cellphones as evidence of Cao’s authoritative role.

In one message, Cao reportedly told others to “wait until I get there before they’re dead lmao.” Witness testimony also suggested Cao may have physically taped alcohol bottles to the pledges’ hands.

“The conduct charged is precisely the type of behavior Garrett’s Law was intended to address: orchestrating a drinking ritual that subjected fraternity pledges to dangerous amounts of alcohol,” Judge Matthew S. Ackerman wrote in the appellate opinion.

Legal precedent

The ruling marks the first time a Michigan appellate court has addressed the merits of Garrett’s Law, which was enacted in 2004 and named after a boy injured in a school sports ritual. The court rejected Cao’s arguments that the law infringed on freedom of association or equal protection.

“Now that the constitutional challenges have been resolved, we look forward to trying this case in Circuit Court,” Ingham County Prosecutor John J. Dewane said in a statement released Monday, March 2.

If convicted of hazing causing death, Cao faces up to 15 years in prison.