The state filed obstruction of justice charges Wednesday against Matthew Naquin, 21, for deleting about 700 files from his phone following the approval of a search warrant.
Naquin deleted the files using a CCleaner app on the same day the judge approved the search warrant for his phone and ordered that Naquin preserve the files. At that time he had not yet been indicted for the negligent homicide in the hazing death of freshman pledge Maxwell Gruver.
The judge also told prosecutors Wednesday they may tell jurors about the file deletion during the negligent homicide trial. The prosecution said the deletion was integral to their case. Naquin’s attorney, John McMilton, argued that they do not know specifically what files were deleted.
The FBI is currently working to try to recover the files. 
The trial for Naquin’s negligent homicide charge is scheduled for Monday, where he could face up to five years in prison if found guilty.