By: Anna Beall and Clotilde Monville
On September 10, 2023, Matthew McKenzie, a pledge at the Phi Kappa Rho fraternity at the University of Minnisota, tragically died after taking part in a hazing ritual called "Water Torture." Frat chief Brian Kiersten was tried and found not guilty in connection with the incident today in district court.
This water ritual, led by Kiersten, involved making pledges drink a large amount of water as punishment for answering trivia questions incorrectly. McKenzie was forced to drink an entire gallon of water, even though he appeared to be struggling. Despite his distress, Kiersten made him continue drinking until he collapsed. After calling 911, McKenzie was rushed to the hospital but ultimately died at 11:05 from overhydration, around an hour after he passed out.
During the "Water Torture" ritual, fraternity pledges are asked questions about their fraternity’s history and traditions. Those who answer incorrectly are punished by drinking large quantities of water. As a result, McKenzie was required to finish an entire gallon of water at once, despite showing signs of distress. According to one witness in the fraternity, “Kiersten was aggressive and would yell at people to keep going” throughout the hazing ritual. The 911 call was only made after Kiersten stopped the ritual because McKenzie collapsed and became unresponsive.
The defense claimed that “Brian Kiersten responded first and called 911 as soon as he realized Matthew was in serious trouble.” They argued that Kiersten was unaware of the risks of overhydration and did not understand the potential consequences of forcing McKenzie to continue drinking.
On the other hand, the prosecution argued that Kiersten, as the leader of the ritual, had a responsibility to ensure the safety of participants. Andrew MacKay, a fellow member of the fraternity, stated, “Kiersten should be held responsible because as the leader, he failed to demonstrate proper leadership behavior.” The prosecution sought to charge Kiersten with involuntary manslaughter, asserting that his reckless behavior directly contributed to McKenzie's death.
The defense maintained that Kiersten had no harmful intentions toward McKenzie. However, his failure to stop the ritual when McKenzie showed clear signs of distress was seen as a significant factor in the fatal outcome. Despite these claims, the jury ultimately decided that Kiersten was not guilty. They found insufficient evidence to prove his criminal intent or reckless behavior.