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Judge rejects student’s hazing defense in dorm attack case

Christopher Wheeler

OMAHA, Neb. (AP) — A Nebraska judge has rejected a former Creighton University student’s argument that his fraternity hazed him into a state of intoxication so severe that he unwittingly slashed a woman’s neck.

While hazing by Phi Kappa Psi may have been a part of the February 2017 attack, Christopher Wheeler took many steps on his own that contributed to his level of intoxication, such as illegally purchasing vodka and smoking marijuana, Douglas County District Judge Shelly Stratman said.

“Permitting an involuntary intoxication defense in the context of fraternity hazing would open the floodgates to similar defenses by criminal defendants simply because they were pressured into conformity,” Stratman wrote.

The 20-year-old also failed to provide evidence that he would’ve been physically harmed if he hadn’t participated in the activities, she said.

“A fear of being ostracized by Phi Kappa Psi is insufficient” to claim involuntary actions, Stratman wrote.

Wheeler’s friends have said that he was behaving strangely when he returned from a party at the fraternity. Wheeler entered the dorm room of a 19-year-old student he didn’t know and swiped at her neck with a pocketknife, scarring the woman but not seriously injuring her, according to court records.

Wheeler is charged with second-degree assault and weapon use and is due to stand trial next month. He rejected a plea bargain that would’ve dismissed the weapons count if he pleaded guilty to the assault charge.

Wheeler’s attorney, Steve Lefler, sought to put the fraternity on trial. He also alleged that fraternity members may have tampered with the bong Wheeler was smoking from by slipping in hallucinogens. However, tests on the bong revealed no substances besides marijuana and three other fraternity brothers who used it reported no unusual effects, Stratman said.

Fraternity officials have denied any wrongdoing. Creighton investigated and suspended the fraternity following Wheeler’s arrest.

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