Police rule death accidental; probe turns to FIJI

Witnesses said that Michael Tobin, 26, had been drinking for hours before his fatal fall. Sunday's death of University alumnus Michael Tobin outside of the Phi Gamma Delta fraternity house was officially ruled an accident yesterday by the Philadelphia medical examiner, who determined that Tobin died from multiple internal injuries and a fractured skull resulting from a fall down an outdoor stairway. "We are confident from the investigations that he did fall down the steps," Penn Vice President for Public Safety Tom Seamon said at a news conference yesterday. "[In] exactly what manner we may never know, because there were no witnesses." Tobin, who graduated from the College of Arts and Sciences in 1994, was at the FIJI house for an annual alumni dinner. A toxicology report that will reveal Tobin's blood alcohol content and whether there were any other drugs in his system will take up to two more weeks to complete, police said. But police interviews with about 20 FIJI alumni and current brothers who were with Tobin the night of his death indicate that he had been drinking since late afternoon on Saturday. "We do know that Mr. Tobin, along with many other individuals, did start drinking early in the afternoon and certainly he was drinking for quite a period of time in the evening at a number of locations," Seamon said. Police said Tobin and the FIJI brothers drank in the house and also at various other locations in University City, including Smokey Joe's and Club Wizzards. FIJI brothers ended the night with "a social gathering" in their house and Tobin was last seen by brothers at about 4 a.m. At about 6:30 a.m., a brother came out of the back of the house, saw Tobin's body and immediately called 911, police said. Although police have ruled Tobin's death accidental, University Police Deputy Chief of Investigations Tom King said both Philadelphia Police's Homicide Division and University Police detectives will continue to investigate the incident to determine a more precise chronology of events leading up to Tobin's fall and the exact time of death. The University will be conducting internal investigations to determine whether the fraternity violated any of the school's alcohol policies the night before Tobin's death. Seamon would not comment on which specific policy violations the University was investigating. Police noted on Sunday that there were large amounts of empty and half-empty alcohol bottles throughout the first floor of the house. Investigations are also continuing inside the FIJI house, which police sealed off and labeled a crime scene on Sunday. Yesterday, the building was being guarded by police officers and a bio-hazardous waste company cleaned and removed all blood and contaminated items from the area. The University has temporarily relocated FIJI brothers to empty dorm rooms and a local hotel. University Police Chief Maureen Rush said the main reason the house remains closed is because during the investigation of the scene, authorities discovered several violations of the fire and safety codes. Rush would not speculate yesterday as to when they might be allowed back into the house. "We're moving as swiftly as possible but at the same time we want to be sure that all bases are covered," she said. Occupancy issues will be addressed once the fire and safety code breaches are corrected and the alcohol policy violations investigations are completed, Rush said. Police said the steps behind the FIJI house lead to the house's kitchen but they did not know why Tobin went outside. Seamon said it was unclear how often the brothers use the outside stairs. Tobin's family members, who were still in Philadelphia yesterday, are "on an emotional rollercoaster," Rush said. "At this point they are devastated." No funeral arrangements have been announced.