Alexander Krzyston, 22 of Burr Ridge, IL was arrested in connection with the alcohol related death of a minor. Evanston police arrested Krzyston on December 16 and charged him in connection with the death Northwestern student, Matthew Sunshine.
According to authorities, Sunshine was playing a drinking game for which Krzyston provided the alcohol. Sunshine's blood alcohol reached 0.396. Friends took Sunshine back to his room and checked on him periodically through the night. Police said the following morning he was found unresponsive.
Krzyston was charged with one count of unlawful delivery of alcohol to a minor. Traditionally, delivery of alcohol to a minor under Illinois law is a misdemeanor. Because the consumption lead to his death, the charge has been upgraded to a felony.
Criminal charges could include manslaughter. It depends on how responsible authorities believe Krzyston was in Sunshine's death. The investigation is ongoing. No other charges have been announced.
Sunshine's parents can also pursue a civil action against Krzyston. He could be charged with negligence, failure to act as a reasonable person would act in that situation; or with willful and wanton behavior, acting in utter indifference to the safety of others.
Jeffrey Sunshine declined to comment on whether they would pursue any civil action, citing the criminal investigation which is ongoing.
Because college-age students do not have assets to pay a judgment or settlement, negligence claims are rarely made against them. However, a civil lawsuit may look at other parties involved, possibly the university.
According to Al Cubbage, vice president for university relations, "Northwestern University policies prohibit the provision of alcohol to underage students in the university's residence halls by students who are of legal age. The university takes violations of its policies seriously and has established disciplinary procedures to pursue action against any student found to have violated university policies."
Recently, the Associated Press conducted an analysis of new articles concerning alcohol-poisoning deaths over the past 10 years. After the results of a criminal investigation were known, about 40 percent of the time, charges were filed. The analysis found that in a majority of the the cases, the defendant received fines, probation or community services. Jail time was rare and plea bargains were reached.
