Former Penn State football trainer Tim Bream was in the Beta Theta Pi fraternity house when 19-year-old pledge Timothy Piazza suffered injuries that contributed to his death, but he's never faced charges.
Peter Sala, an attorney for one of the former Beta Theta Pi brothers, wants that to change. He filed a private criminal complaint on Monday, requesting District Attorney Bernie Cantorna pursue four separate charges — perjury, unsworn falsification to authorities, reckless endangerment and furnishing liquor to minors — against Bream.
Bream, who resigned in February as Penn State's assistant athletic director in charge of training and as Nittany Lion football head trainer, was the adviser at Beta Theta Pi.
Bream is a Gettysburg native and a graduate of Gettysburg High School.
State College police detective David Scicchitano testified at a second preliminary hearing on March 27 and said Bream lied under oath when asked about the fraternity’s alcohol use.
Former brother Ed Gilmartin told the detective Bream was aware of drinking/cigar parties at the fraternity and brothers had to speak to Bream about the parties before he would approve them.
Bream testified he did not see any debris from the party, but on surveillance footage that was shown in court, he can be seen walking through the fraternity to turn out the lights around 5:30 a.m. the morning after the party where Piazza was injured.
"Alcohol evidence was visible in the lobby, in the Great Hall. There were cans and a cup on the floor in the lobby. There were bottles and at least one can and one cup on the tables in the lobby. There was apparent alcohol debris on the large table near the Great Hall, as well as a cup on the floor," Scicchitano testified.
Scicchitano also testified Bream walked by Piazza twice, who was about 10 feet away in the study room, before turning his head toward Piazza and leaving the house.
Sala's complaint said Bream arranged for a bartender to come to the fraternity for a year-end formal in December 2016. Sala also said Scicchitano testified Bream violated his responsibilities to the national fraternity, pledges and brothers by allowing alcohol at fraternity.
"Detective David Scicchitano further testified that Tim Bream knew about the 'crate race,' 'Four Lokos' and 'beer and cigarette parties,' " Sala said in the complaint. "Tim Bream categorically denied knowledge of the 'crate race, 'Four Lokos' and 'beer and cigar parties' when he testified under oath on Aug. 30, 2017.
"Therefore, according to the express testimony of detective Scicchitano on March 27, 2018, Tim Bream committed perjury before Magisterial District Judge Allen Sinclair on Aug. 30, 2017."
Sala continued and said Bream engaged in a course of conduct where he "promoted, encouraged and facilitated the purchase and consumption of alcohol on the premises."
Cantorna said the private criminal complaint will be reviewed "like all other private criminal complaints."
A notice on the complaint said approval may be required by the attorney for the Commonwealth before it can be accepted by a district court. If Cantorna's office disapproves of the complaint, Sala may petition the Court of Common Pleas to review the decision.