May 25, 2021

HSU, Chi Phi, unofficial event with alcohol and alleged rape involving fraternity members

 


Court trial for Darrius Upshaw started today. It did this morning with motions in limine. 1108 evidence will be allowed.  Upshaw is ineligible for probation.

Upshaw, the two alleged victims and two potential witnesses were all members of the Chi Phi Fraternity at HSU. Another unofficial event at an off campus house with alcohol, an alleged crime that ends up in court. Chi Phi was suspended in 2015.

Judge Neel heard 402 evidence from one senior fraternity member Julio Armenta Munoz and is expected to hear more from Raul Barbosa's, the head of the fraternity chapter. This is about disclosure from the two victims. Upshaw was part of Epsilon and had authority to discipline John Doe # 1 and John Doe #2. 

After the 402 hearing concluded this afternoon, Julio Armenta Munoz and Raul Barbosa's testimony will be allowed. 

Upshaw is charged with 6 counts of oral copulation of an intoxicated victim. The alleged victims are two young male victims. Upshaw was a student at HSU at the time. Both alleged victims were HSU students; one has since left the state due to the alleged rape.

Deputy District Attorney Carolyn Schaffer is the prosecutor for this case. Mr. Russ Clanton is Upshaw's attorney.

Mr. Clanton revealed during questioning that Upshaw is gay. It was common knowledge at the fraternity and there was no homophobia. 

I have included information regarding Upshaw's military case in previous coverage. There was reference to that case this morning about "whatever happening being set aside." 

The allegations in that case are similar to the Humboldt case. Listed below is an excerpt from the apellate court.

"The  appellant,  a  Hospital  Corpsman  Third  Class  stationed  at  Camp Pendleton,  California,  was  tried  for  two  unrelated  allegations  of  sexual assault  of  male  Marines.  He  was  under  investigation  for  sexually  assaulting a  Marine  on  31  October  2014  when  another  Marine  accused  him  of  sexual assault  on  1  March  2015.  The  two  alleged  victims  did  not  know  each  other.   Despite  some  substantive  differences  in  the  allegations,  circumstances surrounding  them  were  very  similar.  The  appellant  met  both  victims  at  the same  Oceanside,  California,  bar.  Both  victims  had  been  drinking  for  hours and  were  already  very  intoxicated  when  the  appellant  supplied  them  with more  alcohol.  When  both  victims  were  ready  to  sleep  off  their  inebriation,  the appellant  offered  them  rides  to  the  barracks  and  his  apartment,  respectively. Both  victims  awoke  to  either  sexual  contact  or  a  sexual  act.  Both  sought  help escaping  the  appellant,  displaying  noticeable  shock  and  distress  to  witnesses. "

HSU Press Release (September 2015):

Humboldt State University has suspended the Chi Phi fraternity as it investigates possible violations of the student code of conduct. During the suspension, the fraternity will not be allowed to recruit new members or to use campus services that are available for recognized student organizations.

The suspension follows discovery of a video that was allegedly shown to potential new members during a Greek recruitment event. The video shows what appears to be alcohol use during fraternity events as well as actions that could be construed as hazing. These activities are strictly prohibited by University policy and potentially violate state law.

In addition to suspending the organization, HSU has alerted the fraternity’s national organization about the situation.

The fraternity faces disciplinary action ranging from a warning to expulsion from campus. Individual members may face disciplinary action as well.

Recent posts:

https://johnchiv.blogspot.com/2021/05/what-is-happening-with-former-hsu.html?m=1

https://johnchiv.blogspot.com/2021/05/will-hsu-rape-case-resolve-waterfront.html?m=1

https://johnchiv.blogspot.com/2021/04/no-dark-days-allowed-for-jury-trials.html?m=1

https://johnchiv.blogspot.com/2021/04/former-hsu-student-darrius-upshaws.html?m=1


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