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BELLEFONTE, Pa. (CBS/AP) — A judge in Pennsylvania is refusing to reinstate involuntary manslaughter charges against five former Penn State fraternity members arrested in a pledge’s hazing-related death last year.

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Prosecutors tried appealing a magistrate’s decision to dismiss the most serious charges in the death of 19-year-old sophomore engineering student Tim Piazza of Lebanon, New Jersey.

Piazza died of severe head and abdominal injuries after falling several times at the house the night of a bid acceptance ceremony and party. A forensic pathologist testified in March that Piazza’s injuries might not have been fatal if fraternity members had called for help sooner.

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Centre County President Judge Pamela Ruest ruled Wednesday that the lower court decision could not be appealed. However, she says prosecutors are free to refile the charges.

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A spokesman for the Pennsylvania attorney general’s office says that prosecutors are “committed to seeking justice for Timothy Piazza and his family.”

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(© Copyright 2018 CBS Broadcasting Inc. All Rights Reserved. The Associated Press contributed to this report.)