Andrew White, a former student at Virginia Commonwealth University, was sentenced Tuesday to no jail time in connection with the hazing death of his fraternity little brother after an off-campus party.
White, 23, pleaded guilty in December to misdemeanor hazing and serving alcohol to a minor, charges stemming from the death of Adam Oakes, a 19-year-old VCU freshman. Oakes died of alcohol intoxication after a “big-little” event for the Delta Chi fraternity last year.
That night, White became Oakes’ big brother in the fraternity.
In an agreement with the prosecution, White was sentenced to perform 100 hours of community service, speak at five hazing prevention events, serve probation and meet with the Oakes family for a conversation.
He was one of 11 former fraternity members charged with hazing, and his case is the first to be resolved.
“I want you to know I’m deeply sorry,” he said to the family in Richmond Circuit Court. “I think about him every day.”
Tuesday’s hearing was the first time White spoke publicly about his involvement in Oakes’ death. White acknowledged he purchased a handle of Jack Daniels — a bottle containing about 40 shots — and that he let Oakes drink it. But he did not address whether he pressured Oakes to drink.
To date, White has not given a detailed account of the evening, and he declined to speak to the media after the hearing. But he did provide some details regarding Oakes’ death during Tuesday’s hearing.
That night, the pair talked about family, sports and girls, White said. They drank a small amount of Coca-Cola mixed with Jack Daniels, and it was chapter tradition for the pair to finish the bottle together, the prosecution has said.
Oakes was never shamed, demeaned or maltreated, White said. The goal was to lift each other’s spirits.
Joining Delta Chi was supposed to lead Oakes toward making friends, forging a career path and establishing a better experience at VCU.
“I saw something in your son,” White told the Oakes family.
When he learned of Oakes’ death, he felt a “10-ton weight” on his chest and struggled to sleep. For several months, he didn’t leave his home. Later, he attended a Mothers Against Drunk Driving victim impact panel and began volunteering for Loudoun County’s Department of Parks, Recreation and Community Services, said his lawyer, Stephen Mutnick.
“I realized I had been living my life the wrong way,” White said.
As recently as January, White has written for NationalFile.com, a conservative news website. He listed his employment in court records as political campaign work, earning $1,000 a month.
Mutnick said he doesn’t know where White’s future lies or if White would attempt to return to VCU.
Eric Oakes, Adam’s father, said he doesn’t expect everyone to understand why he would tolerate such a lenient penalty. Under current law, White would have served no more than two years. A sentence in which he can support systemic change is more effective, said Courtney White, cousin of Adam Oakes.
“We’re just trying to save lives,” Eric Oakes said after the hearing.
While the family agreed to leniency toward White, it is pushing for a harsher penalty for hazing, attempting to change it to a Class 5 felony, punishable by up to 10 years in prison. A tougher penalty would hold students accountable and deter hazing, the family has said.
Both wings of the General Assembly on Monday approved bills that require hazing prevention training at Virginia colleges. The bills were nicknamed “Adam’s Law.”
As part of the plea agreement, Andrew White will meet with the Oakes family to conduct a conversation and answer questions about the night of Oakes’ death, a process known as restorative justice. The Oakes family wants a clearer picture of what happened to their son that night.
“It isn’t about putting kids in jail,” Courtney White said. “It’s about educating them about hazing and giving them the power and the knowledge to say no and not be bystanders to this behavior.”
She also said that White’s presence in an education program can serve as a first-hand example of the dangers of hazing.
While restorative justice has been used in Richmond’s juvenile court, it’s a new remedy for the city’s adult cases. Richmond Commonwealth’s Attorney Colette McEachin hopes it will become more common, she told the media.
Restorative justice will be “a major thrust of my office because I think its principles of recognizing the unique harm to a particular victim and offender accountability are applicable to a variety of charges that might otherwise result in incarceration,” she said.
It wasn’t immediately clear to Judge Claire Cardwell that a lenient sentence fit the crime, she said from the bench. She vacillated over the appropriate punishment and was “astounded” by the generosity of the Oakes family.
Because the sentence included restorative justice and the requirement to speak at hazing prevention events, she accepted the plea agreement.
“Their pain should be etched in your heart the rest of your life,” she told White.
In September, authorities charged 11 former members of Delta Chi with hazing. White’s agreement does not require him to testify against the other students, Mutnick said. Four of the other 10 defendants have scheduled trials later this year.
Tuesday’s hearing began with Assistant Commonwealth’s Attorney Alison Martin reading victim impact statements written by the Oakes family. Adam Oakes was the kind of person who befriended a new kid in school, she said, and he was wise beyond his years.
“Adam will forever be 19 years old and a freshman in college,” she said. “To us, he was all-around amazing — pure sunshine.”