East Baton Rouge Parish District Attorney Hillar Moore III filed a bill of information Thursday in response to former Phi Delta Theta fraternity member and ex-LSU student Matthew Naquin's lawyer John McMilton's motion to throw out Naquin's indictment for the negligent homicide in Maxwell Gruver's hazing death due to a flawed jury pool.
The hearing on the motion was originally scheduled for June 28. By filing the bill of information, Moore dismissed the motion to throw out the indictment and kept the original hearing date of July 8.
The motion to throw out the indictment was originally filed due to the discovery of a computer glitch that did not allow citizens born after June 1993 to serve on Grand juries or jury trials. McMilton claimed that this was particularly important to Naquin's case because that demographic of people would better relate to those involved in the case.
In addition to this, Moore claimed that Naquin obstructed justice by deleting hundreds of files from his phone using a CCleaner app prior to the FBI's unlocking of the phone. This violated a request from the judge to preserve all documents on the phone.
Naquin is not being charged with obstruction of Justice. No changes will be made to the jury pool for the hearing on July 8.
Naquin was indicted on negligent homicide in March 2018 in the death of Gruver after the freshman pledge died from alcohol poisoning after a hazing ritual in September 2017.
At the time of his death, Gruver had a .495 blood alcohol content, which is over six times the legal BAC to drive in Louisiana, according to the coroner's report.
Phi Delta Theta has been banned from LSU until 2033 following Gruver’s death. Eight fraternity members and two former students in total were arrested in Gruver’s death, Naquin being the only indicted with negligent homicide.
Naquin was said to be the main aggressor of the hazing death in courts and did not want Gruver to become a member of Phi Delta Theta, according to witness testimonies from other pledges.