TALLAHASSEE, Fla. (WTXL) - Three of the men suspected in the hazing death of Florida State University fraternity pledge Andrew Coffey are set to return to court this Tuesday morning.
Attorneys for Anthony Petagine, Anthony Oppenheimer and Luke Klutz filed a motion to dismiss felony hazing charges earlier this month.
A circuit judge agreed that prosecutors did not provide a hazing activity that caused the victim's death.
Now the State Attorney is appeaing the judge's decision to dismiss those charges.
Currently, the three men are facing misdemeanor hazing charges.
Five other fraternity members are behind bars after accepting plea deals, avoiding trial and the felony charge.
The eighth suspect, Clayton Muehlstein's case is still developing.