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Fairfield University’s 2004 commencement was remembered differently than any others because of the death of Francis J. Marx V, the valedictorian-to-be who was killed shortly before graduation.
On Tuesday, almost five years after the incident, settlements were reached in a lawsuit brought by Marx’s parents against two University of Rhode Island students, Jarred Rocheleau and Loren Welsh. The terms of the settlements were not disclosed, but Rocheleau’s attorney, Lauren Wilkins told The Evening Sun that the sum was ‘substantially less’ than the $5 million that Marx’s parents sought.
In addition, there was no admission of wrongdoing as part of either settlement. The Marx family was seeking ‘net lost income’ according to the Providence Journal. They said that they believed if he had lived a full life he would have earned $10 million, a figure reached by economist Richard Siegal, who testified on Monday. Marx had already found a job at General Electric at the time of his death and planned to pursue a M.B.A.
Lawyers from both sides commented in local papers that the settlements were fair.
‘A difficult chapter is finally over,’ said Robert Parillo, the attorney who represented the Marx family, to the Providence Journal. ‘They did kill him. They didn’t intend to kill him.’
‘It’s a fair resolution for everybody,’ said Wilkins in the same article. ‘A whole bunch of decisions brought those kids to the corner that night.’
Reports surfaced during the trial that his blood alcohol level that night may have contributed to his death.
Dennis C. Hilliard, a criminalist at the University of Rhode Island, testified last Thursday that Marx’s blood alcohol level was .249 on the night of his death. This level is the equivalent of Marx consuming 17 or 18 drinks. He said that this could have affected his critical judgment, as well as his balance and speech, according to a Providence Journal article.
Rocheleau and Welsh were downtown the night of May 20, 2004 with about 300 other students for the URI senior pub-crawl. Marx was in Rhode Island that night to accompany his girlfriend Anna Cochrane to a Wheaton College formal. His best friend and classmate, Jared Fomenko, was also present. After the dance, the group took a taxi to a local bar and left said bar at closing time.’
According to Cochrane’s sworn deposition, which was read during trial last Tuesday, she walked ahead of him on the sidewalk after leaving. She heard a girl screaming, turned around and saw Marx in a fight. He took two steps backward and disappeared from sight.’ ‘ ‘
Commander Martin J. Woolley of the British Royal Navy also testified, saying that as soon as Marx fell, the rear wheel of the bus ran over his head. He was in town that night with colleagues from the Naval War College. The bus was carrying students home from the pub-crawl.
He stated that Marx did not appear to fall because he was drunk. It was the curbside argument that allegedly Marx had with Rocheleau and Welsh, which drew Woolley’s attention.
Fomenko told The Mirror in 2004 that he witnessed the entire incident. ‘ ‘ ‘
‘We walked outside the bar, wearing our tuxedos, and kids wearing casual clothes were yelling at us about our tuxedos. They seemed to be looking for a fight,’ said Fomenko.
‘I saw him [Marx] get pushed, and in a matter of seconds, the bus had already come and … Frank was gone. The police came, but I went to the hospital immediately with Anna, his girlfriend. Frank was killed at the scene.’
Anna’s twin sister Aubrey Cochrane’s sworn deposition was also read last Tuesday. Fomenko, Marx’s best friend, escorted her to the dance that evening.
She said that she observed Marx was drunk because he seemed ‘happier than usual’ and slurred his speech, according to the Providence Journal. She returned to the hotel before the rest of the group and therefore did not witness the actual fall.’ ‘ ‘
Marx, a native of Richboro, Pa., was a four-year rower at Fairfield University. He served as captain of the crew team during his senior year. During the 2004 Alumni Weekend, his coach said that he was the team’s strongest member.
During last Wednesday’s testimony, Francis J. Marx IV, the father of the victim, told jurors that his son ‘had a lot of heart,’ according to the Providence Journal.
He also said that his son was the oldest of four children, intelligent and handsome, and an active community service volunteer during his college years.
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