Posted on 10/16/2010 6:06:23 PM PDT by Born Conservative
SCRANTON - Brandon J. Piekarsky will spend his 19th birthday behind federal prison bars after a jury on Thursday convicted him and his friend, Derrick M. Donchak, of a hate crime for participating in the fatal beating of an illegal Mexican immigrant in Shenandoah.
In a case that has attracted international attention, the all-white jury of six men and six women found Piekarsky, 18, of Shenandoah Heights, and Donchak, 20, of Shenandoah, guilty of violating the federal Fair Housing Act by assaulting Luis Eduardo Ramirez Zavala.
Donchak and his parents sobbed, and Piekarsky grimaced, as federal marshals handcuffed the pair and led them to prison.
The jury - which deliberated about 5 1/2 hours before reaching its verdict - also convicted Donchak of conspiracy and obstruction of justice regarding the falsification of a police report.
"We're very disappointed in the verdict," William A. Fetterhoff, Harrisburg, Donchak's lawyer, said on the steps of the William J. Nealon Federal Building and U.S. Courthouse following the verdict. "We will definitely be filing an appeal after (sentencing}."
Senior U.S. District Judge A. Richard Caputo, who presided over the eight-day trial, ordered Piekarsky and Donchak detained pending sentencing, which he will conduct Jan. 24. He set Piekarsky's sentencing for 10 a.m. and Donchak's for 10:45 a.m.
"I don't think I have the discretion" to allow them to remain free pending sentencing because they were convicted of a violent crime, Caputo said. "I order the presentence detention of both Mr. Piekarsky and Mr. Donchak."
Piekarsky, who will turn 19 on Saturday, and Donchak each face a potential life sentence, plus a fine of $250,000 and a $100 special assessment, for the hate crime.
Donchak also faces potential maximum sentences of five years and 20 years, respectively, plus the $250,000 fine and $100 special assessment, for the conspiracy and obstruction of justice charges.
"The fight's not over," James A. Swetz, Stroudsburg, Piekarsky's lawyer, said after the verdict. He also promised to file an appeal.
"It is a surprising verdict," Fetterhoff said. "This is exactly the problem when defendants are subject to two trials."
Assistant Attorney General Gerald Hogan, one of the prosecutors, left without commenting.
Thomas E. Perez, chief of the Justice Department's civil rights division, said the jury demonstrated that "violence committed because of a victim's race, national origin, or ethnicity will not be tolerated," according to The Associated Press.
Deliberations
Thursday's verdict capped an eight-day trial that included 2 1/2 days spent picking the jury, which began deliberations at 10:25 a.m. Thursday immediately upon Caputo's completion of his charge, which lasted almost 90 minutes.
Caputo, who announced during the charge the dismissal of the obstruction of justice charge against Donchak concerning his alleged disposal of a pair of sneakers, dismissed the two alternates before sending the jury to deliberate.
After deliberating five hours, jurors returned to ask two questions: Did Donchak have to know at the time of conspiracy that the FBI would investigate the matter in order to be convicted, and could the jury be given a missing part of the judge's instruction?
Caputo answered the first by reading the applicable federal statute, while he agreed to get the jury the missing part of the instruction. He took 15 to 20 minutes to do so.
Jurors then returned to continue deliberations.
Trial overview
Piekarsky and Donchak were charged with violating Ramirez's civil rights by participating in his beating July 12, 2008, on West Lloyd Street in Shenandoah. Ramirez, 25, of Shenandoah, died of head injuries at Geisinger Medical Center, Danville, two days after the beating.
In 2 1/2 days of testimony, prosecutors presented as their main witnesses the four young men who were with Donchak and Piekarsky at the scene: Ben Lawson, Joshua Redmond, Brian Scully and Colin J. Walsh - all four of whom testified that the assault against Ramirez was not racially motivated.
All four said Piekarsky kicked Ramirez in the side of the head, although Walsh said it was to the right side of Ramirez's head, while the injury was to the left side.
Scully was tried in Schuylkill County Court as a juvenile and is on probation and home detention until he turns 21.
He testified he and Donchak each used ethnic slurs.
Scully said he gave the first statement to police on the morning of July 13, 2008, and deliberately he left out references to ethnic slurs, kicking and alcohol.
Prosecutors alleged the young men used that blueprint to concoct stories to try to cover up the crime.
Walsh pleaded guilty before Caputo in 2009 to the same hate crime with which Donchak and Piekarsky are charged. He testified that he hopes prosecutors allow his federal prison sentence to be reduced to four years. Sentencing guidelines call for nine years.
He and Eileen Burke, who lives near the scene, each testified Piekarsky used an ethnic slur as he was running away from the scene.
Lawson and Redmond have not been charged in the case by either county or federal authorities.
Prosecutors also presented witnesses who testified as to Donchak's alleged bigotry against Hispanics, including his wearing a Border Patrol T-shirt to a Halloween party and playing a song, "White Man's March," that contains racist lyrics.
The defendants presented two police officers, Chief Michelle Ashman of Frackville and Officer Robert Senape of West Mahanoy Township, to testify that Arielle Garcia, a friend of Ramirez who was at the scene, said Scully kicked him in the head.
They also presented witnesses who challenged the allegations of bigotry against Donchak, especially one that he participated in a fight in March 2008 against Jesse Gomez, who had testified that on the day Ramirez died, Donchak threatened to start "a civil war" in Shenandoah.
Several young men who were at the scene of that fight said Donchak was not there, and that Gomez himself had instigated the incident by deliberately trying to run over a white teenager.
The defendants' lawyers argued that Victor Garcia, Arielle's husband, was at the scene of the fight with Ramirez and no one tried to assault Victor Garcia.
County prosecutors dismissed all charges, including criminal homicide, against Walsh, who had been arrested, along with Donchak and Piekarsky, on July 25, 2008, by Schuylkill County detectives.
On May 1, 2009, after a five day-trial, a county jury convicted Donchak and Piekarsky of simple assault and alcohol-related offenses.
County President Judge William E. Baldwin, who presided over that trial, sentenced the defendants on June 17, 2009, to time in the county prison, seven to 23 months for Donchak, six months and one week to 23 months for Piekarsky. Each defendant is on parole from that sentence.
After the county trial, special-interest groups and some politicians criticized the verdict and began demanding that federal authorities charge Donchak and Piekarsky. The politicians included Gov. Ed Rendell, who also sent a letter to Baldwin asking for harsh sentences against Donchak and Piekarsky.
Federal authorities convened a grand jury, which indicted the pair Dec. 10. Prosecutors announced the indictment five days later.
The same grand jury also indicted three Shenandoah policemen, then-Chief Matthew R. Nestor, then-Lt. William Moyer and then-Officer Jason Hayes, on obstruction of justice charges for allegedly impeding the investigation, and Nestor and Shenandoah police Capt. Jamie Gennarini in an unrelated extortion case. The four have resigned their positions with the borough police force and are awaiting their federal trials.
Nestor, Moyer and Hayes are scheduled to go to trial Jan. 10, while Nestor and Gennarini's trial is scheduled to start Feb. 7. Caputo also is slated to preside over those trials, which are scheduled to be held in Wilkes-Barre.
“guilty of violating the federal Fair Housing Act by assaulting Luis Eduardo Ramirez Zavala”
I don’t understand this part.
In both cases, either the trigger man or an accomplice was an illegal alien. Those guys are all known to have run back to Mexico. Some are in jail here, but they are alleged to be "citizens".
In neither case has Thomas Perez or the Department of "Justice" shown up to claim "hate crimes", violations of civil rights, or anything to do with housing.
Apparently, Sr. Perez and Mr. Holder consider offing Whitey to be righteous acts of retribution. Can't think of any other explanation.
Why did a American Jury convict them?
Just makes my cup overflow with love for some of my immigrant neighbors.
They were violating the illegal immigrant’s right to live where he chooses to live: http://www.diggersrealm.com/mt/archives/003482.html
Wow! Bizarre! Illegal aliens have the same right to live as where they choose as American citizens.
This case doesn’t pass the smell test.
That’s pretty much it.
Why hijack this post with your Santa Cruz story?
It was probably to show a contrast in the federal government’s response.
I think that’s how they made it a federal case instead of a garden variety state case, by alleging violation of federal laws.
ping
These guys also face State of PA charges, including capitol murder charges. They could face the Death Penalty there because of the existing Fed charges and 3 strikes.
Doesn't this implicitly mean that violence committed for other reasons may be tolerated?
If anyone of ‘color” kills a white person not only is it NOT a hate crime, it’s NOT EVEN A CRIME.
“If anyone of ‘color” kills a white person not only is it NOT a hate crime, it’s NOT EVEN A CRIME.”
Someone please tell me this dude is just kidding.
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