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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.

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.”

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