By: Reid Davidson & Nathan Neville
After a stressful deliberation Thursday night, Brian Kiersten was deemed not guilty of involuntary manslaughter concerning the death of Matthew McKenzie. In the case of United States v. Brian Kiersten, the government sought to indict Bryan for involuntary manslaughter in connection with the death of Matthew McKenzie, a member of the Phi Kappa Rho fraternity at the University of Minnesota. McKenzie died after he endured a form of water torture fraternity hazing, in which he was "forced” to consume a gallon of water in an hour with no break. The leader of the fraternity, Brian Kiersten, was the person who plotted and organized the hazing. He assured the jury that the tradition came with several rules and regulations, and in the 20 years the fraternity had carried out the water torture, nobody had been severely injured.
Chad Robertson, a junior at the University of Minnesota and a Phi Kappa Rho fraternity member, was called as a witness for the prosecution. He was requested to speak about his involvement in the water torture and the events following McKenzie's injury. Chad was not at the hazing itself but had been there earlier during the day. He informed the court that McKenzie, who was already drunk from drinking alcohol, willingly subjected himself to the water torture on his own accord and without any coercion from Brian. Chad, Brian's friend since freshman year, spoke on behalf of Brian's character, assuring the court that he would never jeopardize his fraternity brothers' safety for anything.
University of Minnesota sophomore Jacob Johnson described a disturbing event from his fall 2023 pledge experience to Phi Kappa Rho. He detailed the "Water Torture" event on September 10, in which pledges were forced to drink large amounts of water for incorrect responses to trivia questions. It turned nearly fatal when McKenzie lost consciousness after consuming huge amounts of water and was forced to go on despite having vomited. Johnson described the activity as dangerous and called for a halt to hazing activities. In response to questioning by prosecutors, he stated that he never felt his life was in danger and stated that all pledges knew of the potential danger that might be involved in the activities. Ultimately, the jury found Brian Kiersten not guilty of involuntary manslaughter.
The defense managed to persuade the jury to rule in their favor. Defense attorney James Bylinsky, speaking about the case, stated, "You can't put complete faith in a college student." The jury's verdict concluded a case that drew attention to the danger inherent in fraternity hazing rituals.
Although the prosecution was not able to meet its burden of proof, the case has still generated arguments about the ethical limits of college initiation rituals and the accountability of leaders.