The criminal cases have been dismissed against four San Diego State University fraternity members who were charged with intentionally setting one of the defendants on fire during a skit performed at their fraternity house.
Prosecutors charged the four members of the Phi Kappa Psi fraternity in connection with a frat party skit conducted last year that involved lighting a fraternity pledge's clothes on fire, which left him with third-degree burns.
The students initially faced felony charges that included recklessly causing a fire with great bodily injury, but a judge reduced the charges to misdemeanors earlier this year and dismissed their cases on Tuesday after determining the defendants had completed a number of conditions that included volunteer work and maintaining full-time employment or school attendance.
Superior Court Judge Dwayne Moring granted misdemeanor diversion for three of the students, which allows defendants to get their cases dismissed if they complete certain conditions.
The defendant who set the fire was also required to take a fire safety course, along with all of the other conditions.
The student who was burned did not have to complete a diversion program for his case dismissal.
A District Attorney's Office spokesperson said the dismissals of the cases, the granting of misdemeanor diversion and the judge's finding that misdemeanor diversion was satisfactorily completed, occurred over the prosecution's objections.
Lars Larsen, the student who was set on fire, filed a lawsuit earlier this year against the Phi Kappa Psi fraternity, the California State University system and two of his co-defendants in the criminal case, among others.
Larsen alleges in his complaint that after the skit, his fellow fraternity members provided "inadequate first aid" by putting him inside a shower, wrapping him in an aluminum blanket and waiting around three hours before contacting emergency personnel. Afterward, the fraternity members allegedly instructed others to delete videos or group chats regarding the incident in order to conceal what happened.
The complaint states Larsen suffered burns to his legs and back that required skin grafts and long-term treatment for scarring and neuropathy. He also alleges that one day before the fire skit, he took part in another skit that involved breaking a guitar over his head.
At the time of the burning incident, the fraternity was on probation in connection with other hazing-related incidents and Larsen claims San Diego State failed to monitor the frat's activities and enforce sanctions against it. The lawsuit also alleges SDSU "has a longstanding and well-documented history of dangerous fraternity-related conduct" and cited the 2019 death of Dylan Hernandez, who consumed alcohol at a pledge party, then later fell from the top bunk of his dorm room bed and struck his head.
A hearing in the civil case is scheduled for later this month.
