Two men accused of hazing and contributing to the death of Stone Foltz will be spending time in jail.
Jacob Krinn and Troy Henricksen were the remaining two defendants of the eight originally charged in the death of Foltz, a Bowling Green State University student.
They appeared Wednesday in the courtroom of Wood County Common Pleas Judge Joel Kuhlman.
Both were sentenced to spend 42 days in jail.
After a two-week trial in May, Krinn, 22, Delaware, was found guilty of obstructing official business, a second-degree misdemeanor; hazing, a fourth-degree misdemeanor; and failure to comply with underage alcohol laws, a first-degree misdemeanor.
Henricksen, 24, Grove City, was found guilty of eight counts hazing and seven counts of violating the same alcohol laws as Krinn.
The jury found both not guilty of involuntary manslaughter and reckless homicide.
Their charges stem from a Pi Kappa Alpha initiation party held March 4, 2021, where 20-year-old sophomore Stone Foltz drank an excessive amount of alcohol and died March 7.
“Mr. Krinn failed the role as a brother, he failed the role as a friend, and most of all he failed Stone,” said Shari Foltz, Stone’s mother.
“My heart goes out to the Foltz family,” Krinn said. “Not a day goes by that I don’t think about (that night).”
Since this case started, there have been many conversations about hazing and hazing deaths, said Wood County Prosecutor Paul Dobson.
“While people want it to stop, they hesitate to hold someone responsible for it,” he said.
The video shown at trial had Krinn encouraging Foltz to finish the bottle of bourbon, used as an initiation rite at Big/Little events.
Dobson said there were several factors that warranted a jail sentence. Krinn knew that providing alcohol to an underage person was illegal, he didn’t assist police even after being told Foltz’s condition, and he actively participated in hazing and knew from experience how bad it was.
Sentencing Krinn to six months in jail would send a message, Dobson said.
“You may save somebody … and that means everything,” he said.
Stone Foltz’ father asked the judge to help them with their fight against this culture by imposing the harshest punishment available.
“My son is no longer with our family. I mourn him every single day,” Cory Foltz said.
Krinn was found guilty of hazing and is responsible for ending Stone’s life, he said.
“Our children are not supposed to die before us. It continues to be a nightmare every morning I open my eyes,” said Shari Foltz said.
She said she was taking advantage of offering a closing statement – something that was not allowed at the trial.
“We will never know why Mr. Krinn never helped Stone the night of March 4, 2021,” she said, “and why he never threw any of the alcohol out, similar to what other Bigs did for their Littles that night.”
She asked for the maximum jail sentence to show everyone there are consequences of hazing.
Krinn’s attorney, Samuel Shamansky, said that Dobson was arrogant in forcing this case to trial with evidence that the jury resoundingly rejected.
“It was a mean-spirited prosecution. It was a prosecution based not on facts and law but on an agenda,” he said.
Krinn “had to suffer the indignity of these false charges” of reckless homicide and involuntary manslaughter.
Kuhlman said that Krinn could have told Foltz he did not have to drink, and to not drink the bottle. He also took Foltz home and left him unattended, then lied to law enforcement, the judge said.
He sentenced Krinn to 42 days in jail, followed by 28 days of house arrest and two years of community control. Krinn must complete 100 hours of community service that explains the dangers of hazing.
Shamansky asked for work release from jail to allow Krinn to start classes at Owens Community College.
Kuhlman denied that request.
Henricksen arranged the Big/Little pairings, set the date, told pledges to lie to their professors and reminded the Bigs to purchase their bottles, Dobson said.
Yet Henricksen has said repeatedly that since he wasn’t at the party, he was not responsible, he said.
“It’s this mentality that I’m not responsible … that keeps hazing going,” Dobson said.
He said only a substantive jail sentence will get through to Henricksen the seriousness of this offense, he said.
Dobson asked for a jail sentence of one year.
Shari Foltz described seeing her oldest son with tubes and wires, being told he had 10% brain activity, and making the decision to be take him off life support.
“Having a nurse and doctor whisper in my ear it’s time to tell my son goodbye, I do not think there is possibly any more words I could hear that would impact me the way that those words did.”
She asked for the maximum penalty for Henricksen.
“Mr. Henricksen will never be a hero,” she said. “The true hero in this story is Stone Foltz. Stone (as an organ donor) has saved hundreds of lives already and will continue to save lives every day with his story.”
Failure to act is not a crime, said Eric Long, attorney for Henricksen.
His client has spent the last year being called a killer, he said.
Henricksen offered the state his knowledge of the fraternity, but that was declined, he said.
“Could he have done something? Yes. Is he remorseful? Yes,” Long said.
Excessive jail time when he wasn’t at the party is nonsense, he said.
Henricksen, despite being asked not to, did address the Foltzes.
‘”I’m sorry for the loss of Stone,” he said. “Stone was one of us and he will never be forgotten.”
Kuhlman took Henricksen to task for not taking responsibility, by saying he wasn’t at the party.
“When you read Mr. Henricksen’s statement, it makes him sound clueless,” he said.
As new member educator and past president, that gave you the opportunity to change or stop the process,” Kuhlman said.
Everyone else in their presentence investigation took some responsibility.
He imposed a sentence of 42 days in jail followed by 28 days of house arrest and 200 hours of community service. Ten hours of credit will be given for each action that promotes the dangers of hazing.
He was fined $500 for each of the seven underage alcohol violations.
Jail sentences started immediately for both men.
The following six co-defendants were sentenced in June.
Daylen Dunson, 22, Bowling Green, pleaded guilty to an amended charge of reckless homicide, a third-degree felony; tampering with evidence, a third-degree felony; an amended charge of obstructing official business, a fifth-degree felony; eight counts hazing, all fourth-degree misdemeanors; and seven counts regarding providing alcohol to underage persons, all unclassified misdemeanors.
He was the president of the BGSU chapter of Pi Kappa Alpha in the spring 2021. He attended the initiation event as president, talked to the new members and took part in photographs. At that Big/Little event, Foltz drank an excessive amount of alcohol. He was taken back to his apartment where he stopped breathing. He died March 7.
Dunson was sentenced to 21 days in jail and three years community control. After being released from jail, he was on house arrest for 28 days.
He must pay a mandatory $500 fine for each of seven alcohol violations, and complete 100 hours community service with 10 hours deducted for every speech given about the dangers of hazing.
Jarrett Prizel, 20, Olean, New York, pleaded guilty to the amended charge of reckless homicide, a felony of the third degree; and eight counts of hazing, all fourth-degree misdemeanors.
He was sentenced to 28 days in jail followed by 28 days of house arrest and two years of community control.
Niall Sweeney, 22, Erie, Pennsylvania, pleaded guilty to the amended charge of tampering with evidence, a third-degree felony, and one count hazing, a fourth-degree misdemeanor.
He was sentenced to 14 days in jail followed by 28 days of house arrest.
Benjamin Boyers, 23, Sylvania, pleaded guilty to the amended charge of reckless homicide, a third-degree felony; an amended county of obstructing justice, a fifth-degree felony; and eight counts hazing, all fourth-degree misdemeanors.
He was sentenced to 30 days in jail for each of the hazing charges, with all time suspended and was placed on two years of community control.
Aaron Lehane, 22, Bowling Green, pleaded guilty to amended obstructing justice, a first-degree misdemeanor; obstructing official business, a second-degree misdemeanor; eight counts hazing, all fourth-degree misdemeanors; and failure to comply with underage alcohol laws, an unclassified misdemeanor.
He was sentenced to two years of community control and 270 days in jail with those days suspended.
Canyon Caldwell, 22, Dublin, was sentenced to seven days in jail followed by two years of community control after pleading guilty to eight counts of hazing, all fourth-degree misdemeanors, and obstructing justice, a fifth-degree felony.
These five men also must complete to 100 hours of community service, with 10 hours of credit given for each speech or panel participation about the consequences of hazing.
Pi Kappa Alpha fraternity was expelled from BGSU in April 2021.
The Foltz family is seeking $25,000 from BGSU on two claims and “substantially more at trial to reflect the value of the loss of this young life,” according to the complaint, which was filed in the Ohio Court of Claims.
The university has asked the court to dismiss the complaint.