Sentencing set for today in case of furnishing alcohol

Austin Rice, who is accused of providing alcohol to an underage Texas State University student who died of alcohol poisoning in 2017, is due in court today to be sentenced.

Rice, now 21, is accused of providing alcohol to Matthew Ellis, who was 20 when he was found unresponsive in an off-campus apartment on Nov. 13, 2017, the morning after attending an off-campus pledge event. An autopsy revealed his blood alcohol concentration (BAC) was .34 percent. In comparison, the legal limit for driving in Texas is a BAC of .08 percent.

Rice is due to appear before Hays County Court-at-Law Judge Robert Updegrove at 1:30 p.m. The offense is a Class A Misdemeanor, and he could be sentenced to up to 180 days in a county jail and a fine of  up to $2,000. 

Ellis’ death was the third alcohol- and fraternity-related death of a Texas State student to occur in just over a year. In October 2016, Jordin Taylor, also 20, died at a fraternity party at Cool River Ranch on the San Marcos River in Guadalupe County, and an autopsy determined she had been hit and then dragged by a bus owned by Skyline Party Bus Company of San Marcos some 500 feet. Her father has since filed a $10 million lawsuit that has yet to go to trial.

The day after Taylor’s body was found, another student, Luis Alvarez, was struck and killed while walking with friends along Ranch Road 12 near the Sigma Chi house. Alvarez’ BAD was twice the legal limit for driving, and the driver of the car was not charged.

Following Ellis’ death, Texas State President Denise Trauth suspended all Greek activities, and it was only in the fall of 2018 that some fraternities were allowed to resume activities.

It’s possible the sentencing could be delayed, but District Attorney Wes Mau noted that’s already happened once. He said on Tuesday he expects it to go forward as scheduled.