Awaiting Justice

by Jessica Holmberg

The tragic death of Francis Marx ’04 shook the Fairfield community when he was struck in the head by a bus in Newport, R.I. on May 20.

Newport police have since arrested three people and recently turned over the investigation to the R.I. attorney general’s office to review for possible prosecution in front of a grand jury.

“The attorney general’s office will carefully review what police have assembled for us and apply appropriate R.I. statute to see if probable cause exists to apply charges,” said Michael Healey, spokesperson for Attorney General Patrick Lynch. “We are careful not to call it a crime because we don’t know if it’s a crime yet.”

Three University of Rhode Island students – Loren Welsh, 21; Carlos DeAndrade, 22; and Jarred Rocheleu, 22 – were involved in the confrontation that led to Marx’s death and were initially arrested for disorderly conduct. Those charges were dropped by Newport police so the case can be tried before a grand jury.

However, there is currently not a definite time when the investigation will be completed, according to Healey.

“I understand how the Fairfield community has been affected, and people generally want a deadline, but I cannot give a firm deadline at this time,” he said. “We screen 1,000 cases every year, and each case has a unique set of circumstances and facts. We carefully look at all the facts and evidence to see if any statutes apply to the circumstances.”

Marx, 21, of Richboro, Pa., attended a formal dance for Wheaton College at the Rosecliff Mansion on the night of May 19 along with his girlfriend Anna Cochran and best friend and classmate, Joseph Fomenko ’04.

Several hours later, at approximately 1:10 a.m., Marx was struck by a bus that was transporting University of Rhode Island students back to campus from a pub crawl, as determined by authorities.

“We had agreed that night was one of the best times of our lives,” said Fomenko ’04, who majored in economics and minored in finance.

After the dance, Marx and friends went to the Rhino Bar ‘ Grille in Newport, where both he and Fomenko were approached by DeAndrade and Rocheleu, according to Fomenko.

“We walked outside the bar, wearing our tuxedos, and kids wearing casual clothes were yelling at us about our tuxedos,” said Fomenko. “They seemed to be looking for a fight.”

“I saw him [Marx] get pushed, and in a matter of seconds, the bus had already come and…Frank was gone,” said Fomenko. “The police came, but I went to the hospital immediately with Anna, his girlfriend. Frank was killed at the scene.”

The bar-hopping excursion had been organized by URI students as part of its Senior Week events, and Newport’s mayor had told university officials he was speculative about the event from the start. School officials said they were not involved with the event in any way.

The bar crawl included visits to The Garden Grill, the Newport Blues Cafe and The Rhino Bar ‘ Grille.

Marx and his friends were not a part of the bar crawl.

R.I. lawmaker Rep. Paul Crowley, D-Newport, prepared legislation that would place any establishment that knowingly participates in a pub crawl in danger of losing its license.

“This bill allows for a lot of discretion to licensing bars,” said Crowley. “It allows authorities to say ‘what you’ve done here is irresponsible’ – by promoting binge drinking and excessive alcohol consumption.”

The proposal, which was passed by the House of Representatives in June, defines a pub crawl as “an organized event intended to promote the organized travel of individuals between licensed premises for the purpose of consuming alcoholic beverages at more than one premise.”

The bill includes prohibitions against competitions that involve drinking, open bars, two-for-one nights or free-drink specials, and increasing the volume of alcohol in beverages without proportionately increasing the price.

It also prohibits the use of fliers, tickets or other promotional materials, and organized transportation to move participants from one spot to another as evidence of a pub crawl.

“This law puts the emphasis on the license holder – the bar – and prohibits it from participating in a pub crawl,” said Crowley. “If the bar chooses to participate, they may have their license revoked, fined or suspended. This law is a big step in addressing the issue around what happened.”

Marx was a member of Phi Beta Kappa, the nation’s oldest honor society for undergraduate students, and had been inducted into Omicron Delta Kappa, a leadership honor society, during his junior year.

Marx studied abroad during his junior year after receiving a scholarship from the Institute for Study Abroad.

Marx also received a $21,000 scholarship as the recipient of the William G. McGowan Scholar Award in August 2003, which is named for the late founder and one-time MCI chairman. This award is presented to students at accredited business schools who have achieved academic excellence, demonstrate leadership qualities and are involved in campus and community activities.

“Frank was the perfect person and the epitome of Fairfield University,” said Marx’s close friend and classmate, Mike Pignataro ’03.

“He was involved in every group and raised the bar for everyone. He always had higher standards for everything and always expected the best.”

Marx was also a Eucharistic minister and captain of the crew team. Marx had been a volunteer, at the North End Boys ‘ Girls Club in Bridgeport, where he tutored elementary school children and had served as both a driver and mentor for Woods Services, a housing facility for the physically and mentally challenged in Langhorne, Pa.

Marx’s girlfriend, Anna Cochrane reminisced about Frank.

“I really believe that people who listen to stories about Frank and the lessons that he taught can become better people…people of faith and people who decide to live life serving others,” she said.

“This tragedy must be one of God’s ways of benefiting humanity – spreading a little bit of Frank everywhere – the world needs more people like Frank Marx.,” she added.

Aside from his success in the classroom, Frank was the perfect friend, according to Fomenko.

“He was always around when you needed him, regardless of whether it was to discuss a problem or just to talk,” Fomenko said. “There is no question in my mind that God chose the best person among us for His own, and Frank will live on in all of those people he impacted so greatly.”

“Frank was the most amazing person I ever met,” Fomenko added. “It is a mystery to me how he was able to do everything he did and to do it so well and humbly. He had the ability to see things in people that they didn’t necessarily see themselves. He could look past the exterior to see the better person beneath the surface. I’m trying to be the better person that Frank saw in me.”