SKOKIE-A judge dismissed the case Thursday against a former Northwestern student charged in connection with the death of Matthew Sunshine after the student agreed to cooperate in the case against another former student allegedly involved in the incident.
Rohith Olin Banerjee, 21, of Orinda, Calif., also completed 40 hours of community service as part of the agreement, said his attorney, Michael Petro.
Sunshine, a SESP freshman, was found dead in his room in Foster House, 2253 Sheridan Road, on June 10. He had a blood alcohol level of 0.396.
This winter, police separately arrested Banerjee and Alexander Krzyston, 22, of Burr Ridge, Ill. and charged each former NU student with providing alcohol to a minor, a felony charge when it results in death.
Both students were last enrolled at Northwestern during Spring Quarter 2008, according to the Registrar’s Office. Neither has graduated. Police arrested Krzyston on Dec. 16, a judge indicted him on Jan. 27 and the former student pleaded not guilty on Feb. 11.
Banerjee’s attorneys made an agreement with prosecutors on Feb. 13, Petro said. The “pre-trial diversion,” the legal name for the agreement, included community service and participation in the case against Krzyston in return for dropping the charges.
Circuit Judge Earl Hoffenberg accepted the agreement and terminated the case against Banerjee Thursday at the Skokie Court House, 5600 Old Orchard Road. The hearing started at abour 1:45 p.m., and lasted about two minutes.
At the hearing, which Banerjee did not attend, one of his attorneys turned over documents showing the former student had completed the community service.
Victoria Klegman, the prosecutor in the Krzyston case, told the judge Banerjee will testify in the Kryzton case.
After the hearing, Klegman declined to comment on anything besides “what happened in the court room” but said Banerjee will “testify truthfully in our case (against Krzyston)” and it was a “possibility” he could testify against Krzyston in a court. “At this point, I don’t know,” she said.
Krzyston’s defense attorney, Gary Adair, was not immediately available for comment. Banerjee’s attorney at the hearing, Quinn Michealis, declined to comment following the proceedings.
Reached later in the afternoon, Petro confirmed the case had been dismissed and that Banerjee will cooperate with Krzyston’s prosecutors.
Petro called the case resolution a “standard agreement” given the charges.
“Everything was done on the record in open court,” he said.
According to police, Krzyston provided the alcohol for a drinking game that Sunshine participated in the night he died. Friends then escorted Sunshine back to his room, checking on him throughout the night. He was found unresponsive the next morning, police said.
The felony charge he is facing carries a possible sentence of one to three years in prison and a maximum $25,000 fine. Penalties usually include fines, probation or community service but rarely jail time, according to a 2008 Associated Press study.
Petro declined to comment on how Banerjee feels about the incident.
Students who lived in Foster House with Banerjee described him as a “nice guy.”
“He studied a lot,” said Weinberg sophomore Mike Heiferman. “I mean not like a lot, a lot. But a lot. His door was always open.”
Krzyston’s next court date is scheduled for May 27, but the parties will definitely not be ready for trial by then, Klegman said earlier this week.
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