David Siegal, Matthew Farberov and Alex Kraus have been charged with alcohol-related misdemeanors in connection to providing alcohol to Naomi McClendon, who fell from a balcony at the 922 Place. (Photo by Mario Mendez)A report released by the Arizona Department of Liquor Licenses and Control last week highlighted six men, three of whom were criminally charged, in connection with providing alcohol to Naomi McClendon, the 18-year-old freshman who fell to her death off a Tempe apartment in March.
David Siegal, Matthew Farberov and Alex Kraus are all facing misdemeanor alcohol-related charges in Maricopa County Superior Court, said Jerry Cobb, a spokesperson for the Maricopa County Attorney’s Office.
The charges range from being a minor in possession of alcohol to failing to require identification before supplying alcohol to someone, Cobb said. Three other men are indicated in the report as participating, but they have not been charged criminally, he said.
If the men are found guilty, the sentencing could range from probation to up to six months in prison and up to $2,500 in fines, Cobb said.
A newly released report from the Arizona Department of Liquor Licenses and Control indicates that McClendon and two friends attended a party hosted by the fraternity Alpha Epsilon Pi, which had been banned from campus earlier in the year, held near Spence Avenue and Jentilly Lane.
However, when officers investigating McClendon’s death came to the apartment complex, they noted in the report that the complex where the party was held appeared as though the fraternity was still operating as normal and the fraternity’s credo was written on the outside staircase.
The fraternity had hired security to check IDs at the door, and mark the hands of people who were over 21, the report indicates. Men were charged $30 to enter and women were allowed in free, according to the report.
The report also indicates Siegal, Farberov and two of the other men who have not yet been criminally charged were also acting as makeshift security.
Interviewed witnesses said the men, who were all students at the time, were patrolling outside of the house, making sure that people were not climbing over the fence or bringing in their own alcohol, according to the report.
Once inside the party, witnesses interviewed by police said alcohol was readily available, and no one inside was checking to see if those consuming alcohol had marks on their hands, documents show.
The report indicates that McClendon’s friend decided to leave the party after McClendon became intoxicated. The friend asked a stranger, who was also interviewed by police to drive them to 922 Place, documents show.
The driver told police McClendon and her friend were both drunk, but McClendon was clearly more intoxicated and was slurring her words, according to the report.
Once they arrived at 922 Place, the friends took McClendon to an apartment on the 10th floor and left her there to go to another party, records show.
While alone, McClendon walked to the balcony, straddled the railing and ultimately fell to her death, according to a police report.
The report also indicates police had been called to the party before the knowledge of McClendon’s death and seven people were cited for alcohol violations. However, McClendon and one of her friends had left the party before the police arrived. The other friend was arrested and accused of being a minor in possession of alcohol, records show.
Originally, the Tempe Police Department was in charge of the investigation, but as the investigation into McClendon’s death and possible criminal charges progressed, it was given to the Department of Liquor Licenses and Control, said Tempe Police Department spokesperson Lt. Michael Pooley.
Pooley said the Tempe Police Department has taken another step to ensuring students’ safety while at school with the “Safe and Sober” campaign, which is in its second year, Pooley said.
The campaign helped educate neighbors about the dangers of underage drinking among other violations. The campaign has since ended, but Pooley said addressing underage drinking and loud parties remains a priority.
While ASU spokeswoman Julie Newberg referred all questions about the investigation to the County Attorney’s office, she said ASU remains “deeply saddened by the untimely death of Naomi McClendon last March.”
The three men charged with the crimes were scheduled for initial appearances Wednesday afternoon. Siegal and Farberov are due back in court later this month, and Kraus’s hearing was rescheduled for October.
Reach the reporter at cvanek@asu.edu or follow her on Twitter @corinavanek
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