SKOKIE – Prosecutors told a judge Wednesday morning that they were unprepared to prove their case against a former Northwestern student charged in connection with the death of fellow student Matthew Sunshine.
The hearing against 22-year-old former McCormick student Alexander Krzyston lasted just three minutes.
“What did Shakespeare say? ‘Much ado about nothing,’ ” defense attorney Gary Adair said to Krzyston and his parents, who were in attendance.
After minutes of nervous anticipation, Judge Larry Axelrood entered the Skokie courtroom at 9:05 a.m. But before Krzyston could be sworn in, the state’s prosecutor asked Axelrood for an additional two weeks to gather evidence before holding the preliminary hearing, which was meant to determine if there is probable cause for a trial.
“We were ready,” Adair said after the hearing. “The state’s officer was there, so I don’t know why they weren’t ready.”
Krzyston, a native of Burr Ridge, Ill., who has not been enrolled at NU since Spring Quarter, is charged with unlawful delivery of alcohol to a minor, which is a felony charge when it results in death. The charge carries a possible sentence of one to three years in prison and a maximum $25,000 fine.
Charges are filed in about 40 percent of alcohol poisoning deaths, according to a 2008 Associated Press analysis of cases during the past decade. The study found that penalties usually included fines, probation or community service, but rarely jail time.
Sunshine, a SESP freshman, died of alcohol poisoning in June after attending a party in Foster House, 2253 Sheridan Rd.
According to police, Krzyston provided the alcohol for a drinking game that Sunshine participated in, causing the 19-year-old to obtain a blood-alcohol level of 0.396. Friends then escorted Sunshine back to his room, checking on him throughout the night. He was found unresponsive the next morning, police said.
Police arrested Krzyston on Dec. 16, and he was freed on $25,000 bond.
Adair said he was confident in his client’s case.
“It’s a tragic thing that happened, no doubt about it,” the attorney said after the hearing. “We’re looking forward to our day in court when we can show the evidence and prove what happened.”
He added that drinking is a serious problem at NU and other college campuses across the country.
Foster House residents described Krzyston as an intelligent and shy student.
“The knee-jerk reaction is you have to hold somebody responsible for this,” said Foster House resident Tony Rajah, a Weinberg sophomore. “But in this case, I don’t think sending this kid to jail or whatever is going to be beneficial. What’s the point that that’s going to prove?”
Adair said the death has weighed heavily on Krzyston in the six months since the incident.
“Nobody expected this to happen and he feels awful,” he said. “He feels terrible for the family of the young man that died. But now he’s trying to go on with his life.”
Krzyston declined to comment.
During Wednesday’s hearing, Adair also filed two motions. The first asked for permission to allow Krzyston to leave the state for his consulting job, and the second formally demanded a trial. Both were granted.
The hearing was rescheduled for Jan. 27 in Skokie’s Cook County Circuit Courthouse.
