Fraternity members involved in January drug bust take alternative to prosecution

Editor’s note: The court date has been moved to January 28, 2013, according to the Spokane Superior Court Case Summary.

sigma nu frat house

Members of the fraternity will not be allowed to participate as a group in any activities at Eastern for three academic years.
Photo by Anna Mills

Since the arrests of three EWU Sigma Nu fraternity members at a drug bust last January, two of the members have opted to participate in drug treatment programs instead of facing charges in court.

On the night of Jan. 17 officers arrested Andrew D. Tucker, Kyle A. Hubly and Joseph L. Welsh on charges of using a building for drug purposes. Andrew Tucker faced an additional charge of possession of a controlled substance with intent to deliver cocaine.

Police records stated that stashes of cocaine, methamphetamine, marijuana, mushrooms, pre-packaged drugs ready for sale, guns and $803 in cash were found at their residence.

According to court documents, an order was filed in September on behalf of Welsh for the return of a .44-caliber pistol that was confiscated on the night of his arrest.

Welsh was granted a continuance in October to participate in the Friendship Diversion Program.

Participating in the Friendship Diversion Program is an alternative that allows a defendant to repay their debts or clean up their act without facing formal prosecution. If the terms set out by the program are not met, the defendant must return to court to face the formal charges.

According to the Friendship Diversion Website, more than 70 percent of defendants who take part in the program are able to complete the tasks and return to their life without a criminal conviction lingering on their record.

Court documents indicate that Tucker will also be participating in a drug treatment program at North East Washington Treatment Alternatives. On Nov. 14 a drug court waiver and agreement was signed stipulating that the defendant comply with all conditions set out by the treatment center and by the court, or else criminal charges would be reinstated.

Recent court documents indicate that Hubly still has a trial date set for Dec. 17 at 9:30 a.m.

The drug bust and a separate incident in June involving an alleged sexual assault by a different Sigma Nu member led EWU’s disciplinary council to decide shortly before school started to revoke the fraternity’s recognition status. For three academic years, Sigma Nu will not be allowed to participate as a group in any activities at Eastern.