UVa Students Punished in teen's Drinking Death

By Liesel Nowak / Daily Progress staff writer
June 20, 2006

Two University of Virginia students arrested in the wake of an investigation into the March drinking-related death of a visiting Cornell University student will spend time focusing on alcohol education, a Charlottesville judge has ruled.

Nicole Julianne Kiffe, 21, pleaded not guilty Monday in Charlottesville General District Court to a charge that she purchased alcohol for a minor, but agreed that there was enough evidence to convict her of the misdemeanor.

Judge Robert H. Downer Jr. sentenced Kiffe, from Great Falls, to 90 days behind bars, but suspended all jail time, and ordered her to complete 100 hours of community service in the field of alcohol abuse prevention within 12 months.

“This was a tragic case. But I have a great confidence that the commonwealth crafted a sentence that is appropriate in that it both serves the community and fits the circumstances of this case,” Downer said.

According to Assistant Commonwealth’s Attorney Joe Platania, Kiffe was being prosecuted for purchasing alcohol for Benjamin Carlton Nowak, who was charged with underage possession of alcohol.

Some of the alcohol Kiffe bought made its way to a party attended by Matthew Pearlstone, a 19-year-old Cornell student who drank himself to death.

“Since it was difficult to ascertain with certainty what Mr. Pearlstone drank and where it came from, no further charges were pursued,” Platania said.

Appearing in court earlier this month, Nowak pleaded not guilty to underage possession, but agreed there was enough evidence to convict him.

Downer ordered the 20-year-old from Virginia Beach to complete an alcohol-education class through Offender Aid and Restoration, an organization focused on inmate rehabilitation.
The punishment is common for first-time underage possession offenders.

If Nowak completes the class, the case will be dismissed but will remain on file in the courthouse, Platania said. If he fails to complete the class, the court will convict him of the misdemeanor and fine him $500 or order him to do 50 hours of community service.

Downer ordered both Kiffe and Nowak to remain on good behavior for one year.

Pearlstone, a freshman computer science major, had been visiting a friend during St. Patrick’s Day weekend when he was found dead at Cauthen dormitory. His body was discovered after he reportedly attended a party at the Sigma Phi Epsilon fraternity house on Rugby Road.

The state medical examiner ruled that Pearlstone died from accidental alcohol intoxication.