Thread: Federal 'hate crime' charges in death of illegal

POSTED: 12-15-2009 10:43 AM ET | MODIFIED: 12-15-2009 06:38 PM ET
Feds Indict Teens, Cops In Beating Death Of Illegal Immigrant
Federal authorities have announced multiple indictments of two teenagers, a police chief, and three officers in Schuylkill County. Two of the three indictments are related to the racially-motivated beating death of an illegal immigrant in Shenandoah during the summer of 2008.

[ NEWS RELEASE ]

[ PIEKARSKY-DONCHAK INDICTMENT ] http://wfmzimg.dayport.com/img/12-15-09 ... ctment.pdf
[ NESTOR-HAYES-MOYER INDICTMENT ] http://wfmzimg.dayport.com/img/12-15-09 ... ctment.pdf
[ NESTOR-GENNARINI INDICTMENT ] http://wfmzimg.dayport.com/img/12-15-09 ... ctment.pdf

all of these are links on the web page

[ 6/17/09 REPORT: Teens Sentenced For Role In Illegal Immigrant's Death ]
[ 5/16/09 REPORT: Vigil Held In Memory Of Beating Victim ]
[ 5/13/09 REPORT: Civil Rights Group Protest Beating Death Case ]
[ 5/2/09 REPORT: Residents React To Verdict For Teens ]
[ 5/1/09 REPORT: Teens Cleared Of Most Serious Charges In Beating Death ]
[ 5/1/09 REPORT: Jury Deliberates Teens' Fate In Beating Trial ]
[ 4/28/09 REPORT: Trial Continues For Teens Accused Of Killing Illegal Immigrant ]
[ 4/27/09 REPORT: Trial Underway For Teens Accused In Deadly Beating ]

A third against the chief and his second-in-command involves extortion and civil rights violations that were uncovered during the course of the investigation.

The first indictment charges Derrick Donchak and Brandon Piekarsky with a federal hate crime for beating Luis Ramirez while shouting racial epithets at him in July 2008.

The two teenagers are already serving jail time for their conviction of simple assault in the beating. Piekarsky was sentenced in June to six to 23 months behind bars. Donchak was sentenced to seven to 23 months. A jury acquitted both teens of the most serious charges against them, including third degree murder for Piekarsky.

If convicted of the federal charges, officials say Piekarsky and Donchak face a maximum penalty of life in prison on the hate crime charge. Donchak faces 20 years in prison on each of the obstruction charges and an additional five years in prison for conspiring to obstruct justice.

Two other teenagers were charged with state crimes in the beating. Brian Scully was sentenced to 90 days in a rehab facility. Colin Walsh pleaded guilty in a deal with prosecutors.

"Violence motivated by bigotry and hate has no place in America, and yet it remains all too prevalent in many of our communities," said Thomas E. Perez, Assistant Attorney General for Department of Justice. "The Civil Rights Division stands ready to bring perpetrators of hate crimes to justice."

A second indictment charges Shenandoah Police Chief Matthew Nestor, Lieutenant William Moyer and police Officer Jason Hayes with conspiring to obstruct justice during the investigation into the fatal beating of Ramirez. Moyer has also been charged with witness and evidence tampering and with lying to the FBI.

If convicted, the chief and the two officers face 20 years in prison on each of the obstruction charges and an additional five years in prison for conspiring to obstruct justice. Moyer faces an additional five years in prison for making false statements to the FBI.

The third indictment charges Chief Nestor and his second-in-command, Captain Jamie Gennarini, with multiple counts of extortion and civil rights violations. According to that indictment, from 2004 through 2007, Nestor conspired to extort cash payments from several illegal gambling operations in the Shenandoah area and obstructed the investigation of the extortion scheme. The indictment also alleges that on May 17, 2007, Nestor and Gennarini committed extortion by demanding $2,000 cash from a local businessman and his family in exchange for releasing the businessman from their custody.

"The power granted to law enforcement officers does not place them above the law," said Assistant Attorney General Perez. "We will continue to aggressively enforce the law to combat obstruction and corruption in law enforcement agencies. We thank the FBI for their work in this investigation."

If convicted on these charges, Nestor and Gennarini face maximum penalties of 20 years in prison for each of the extortion counts. They also face a maximum penalty of 10 years in prison for the conspiracy to violate civil rights.

Chief Nestor and Captain Gennarini are also named as defendants in a suit in which they're accused of picking up a man by the name of David Vega, beating him to death, and then hanging him to make his death look like a suicide, according to Joe Welsh of attorney John Karoly's office.

The Shenandoah Police Department has only seven full-time officers.

As part of its investigation, the FBI wants to hear from anyone who may have information regarding alleged civil rights violations or public corruption in Schuylkill County. If you feel you have been victimized or have any additional information, you can call FBI Special Agents Alan Jones or Anthony Cavallo at 610-433-6488.

Officer photos courtesy: Pottsville Republican-Herald

http://wfmz.com/view/?id=1314814

Department of Justice
Office of Public Affairs
FOR IMMEDIATE RELEASE
Tuesday, December 15, 2009
Two Shenandoah, Pennsylvania, Men and Four Police Officers Indicted for Hate Crime and Related Corruption

WASHINGTON – A federal grand jury has returned multiple indictments arising out of a fatal racially motivated beating and related police corruption in Shenandoah, Pa., the Justice Department announced. The three indictments include federal hate crime, obstruction of justice, conspiracy, official misconduct and extortion charges. The indictments were unsealed today, after being returned under seal on Dec. 10, 2009.

The first indictment charges Derrick Donchak and Brandon Piekarsky with a federal hate crime for fatally beating Luis Ramirez, a Latino male, while shouting racial epithets at him. According to the indictment, on July 12, 2008, the defendants, and others, were walking home from a local festival when they encountered Ramirez. The defendants then attacked Ramirez in a public street by striking and kicking him while members of the group yelled racial slurs at him. Ramirez died two days later from his injuries. The indictment also alleges that, immediately following the beating, Donchak, Piekarsky and others, including members of the Shenandoah Police Department, participated in a scheme to obstruct the investigation of the fatal assault. As a result of this alleged obstruction, Donchak is charged in three additional counts for conspiring to obstruct justice and related offenses.

If convicted, Piekarsky and Donchak face a maximum penalty of life in prison on the hate crime charge. Donchak faces 20 years in prison on each of the obstruction charges and an additional five years in prison for conspiring to obstruct justice.

"Violence motivated by bigotry and hate has no place in America, and yet it remains all too prevalent in many of our communities," said Thomas E. Perez, Assistant Attorney General for the Department of Justice. "The Civil Rights Division stands ready to bring perpetrators of hate crimes to justice."

A second indictment charges Shenandoah Police Chief Matthew Nestor, Lt. William Moyer and Police Officer Jason Hayes with conspiring to obstruct justice during the investigation into the fatal beating of Ramirez. Moyer has also been charged with witness and evidence tampering, and with lying to the FBI.

If convicted, the defendants face 20 years in prison on each of the obstruction charges and an additional five years in prison for conspiring to obstruct justice. Moyer faces an additional five years in prison for making false statements to the FBI.

A third indictment charges Chief Nestor and his second-in-command, Captain Jamie Gennarini, with multiple counts of extortion and civil rights violations. According to that indictment, from 2004 through 2007, Nestor conspired to extort cash payments from several illegal gambling operations in the Shenandoah area and obstructed the investigation of the extortion scheme. The indictment also alleges that on May 17, 2007, Nestor and Gennarini committed extortion by demanding a $2,000 cash payment from a local businessman and his family in exchange for releasing the businessman from their custody.

"The power granted to law enforcement officers does not place them above the law. We will continue to aggressively enforce the law to combat obstruction and corruption in law enforcement agencies," Assistant Attorney General Perez said. "We thank the FBI for their work in this investigation."

If convicted on these charges, Nestor and Gennarini face maximum penalties of 20 years in prison for each of the extortion counts. Additionally, the defendants face a maximum penalty of 10 years in prison for the conspiracy to violate civil rights.

These cases were investigated by Special Agents Alan Jones and Adam Aichele of the Philadelphia Division of the FBI, and are being prosecuted by Civil Rights Division Trial Attorneys Eric L. Gibson and Myesha Braden.

The FBI wants to hear from anyone who may have information regarding alleged civil rights violations or public corruption in Schuylkill County, Pa.. If you feel you have been victimized or have any additional information, please call FBI Special Agents Alan Jones or Anthony Cavallo at the Allentown, Pa., Resident Agency of the FBI at (610) 433-6488.

An indictment is a formal accusation of criminal conduct, not evidence of guilt. The defendants are presumed innocent unless and until proven guilty.

http://www.justice.gov/opa/pr/2009/Dece ... -1342.html

http://wfmz.com/view/?id=1314814

I have mixed emotions about this one. If the kids murdered this guy (not in self-defense) then they need to be convicted of murder.

They are going by the word of the girlfriend, who I think is the only witness. How credible is she?

This just sounds like a witch hunt.

Dixie

They've already stood trial for murder and were acquitted. Our Constitution protects us all against this type of witch hunt and double jeopardy.

The US Supreme Court is going to have to get involved in this and rule these hate crimes bills unconstitutional, which I believe they are on two counts, 1 is the 14th amendment that guarantees everyone equal protection under the law and hate crimes law violate that protection and 2 is protection against double jeopardy under the Fifth Amendment, which prohibits twice being tried for the same crime, no matter if you give it 2 different names.

This is a ridiculous act of lawlessness by the US Justice Department.

If in fact that is what happened they need to convicted. Murder is murder no matter who or what legal or Illegal status someone might be. Bear in mind, we have an extremely left slanting Attorney General in charge of the US Justice Department who has more interest in protecting non-Americans, Terrorist rights than actual Americans, so a witch hunt is already evident and expected. The last thing we need right now is incidents like this giving the OBL Socialist Anti-American left more propaganda ammo for their distorted cause.

Originally Posted by Reciprocity

If in fact that is what happened they need to convicted. Murder is murder no matter who or what legal or Illegal status someone might be. Bear in mind, we have an extremely left slanting Attorney General in charge of the US Justice Department who has more interest in protecting non-Americans, Terrorist rights than actual Americans, so a witch hunt is already evident and expected. The last thing we need right now is incidents like this giving the OBL Socialist Anti-American left more propaganda ammo for their distorted cause.

They've already been charged with murder and were acquitted by a jury. They were convicted of assault and are serving time in prison for that assault now. They had no premeditation to kill this person, they had no plan to kill him, and he was still alive when they left him. He even started the fight, and we don't even know how he actually died, because he died 2 days later in the hospital, supposedly from the head injury when he hit his head on the sidewalk, but I would doubt that was the actual cause.

They should have kept walking when Ramirez came after them running his mouth, but one of them swung around and punched him, one time, down he went, banged his head on the sidewalk, and then 1 or 2 of the others kicked him and left him alive, in fact he was still running his mouth when they left.

I don't want these teenagers to spend 1 more day in jail than what the local jury and local judge established for them. The kids should not pay the price for the failure of adults in our government to get these people who aren't even supposed to be in our country, out of our country, so they aren't in the park at night with an underage girl, that caused these teenage boys to to say to her "aren't you out kinda of late" which started Ramirez foaming at the mouth.

From everything I read about this case, the jury made the right decision on the charges. They could have gone with involuntary manslaughter or manslaughter and I would have been okay with that, but not murder. They heard the evidence, so they are the best equipped to hand out justice. No way was this murder. It's exactly what happened in the Jena 6 Case down in Jena, Lousiana where the kid was sucker-punched and then kicked. He spent 2 hours in the hospital having his shiner photographed and then went to his football ring ceremony that night. He was white, the boys were black. They charged them all with attempted murder and the one whose trial was held was convicted, but the Louisiana Court of Appeals over-turned the verdict.

We don't know why the same set of circumstances that didn't hurt 1 man hardly at all, killed another, but I'd be investigating those hospital records with a fine tooth comb because Ramirez probably died from malpractice at the hospital. There's just no other reason he would die 2 days later but for not receiving proper medical treatment at the hospital, like that daughter of Vanessa Redgrave who died from a minor head injury from a skiing accident, because they didn't drain off the fluid.

In any event, HERE COME THE FEDS, they can't get Ramirez and 20 million other illegal aliens just like him who are violating the civil rights of over 280 million Americans every single day they're here out of the country, but they can send their US attorney to go poking around in a completed trial and use an unconstitutional hate crime law passed for the gay rights movement to destroy the lives of 2 more young Americans over Ramirez, who most likely died from improper treatment at the hospital from a pre-existing condition.

This Justice Department makes me want to puke.

Do you all remember the execution shooting of the 4 black college students in Newark, NJ in the summer fo 2007? Do you remember how they said the motives were "robbery"? You remember it was a gang of illegal aliens and 1 citizen that committed these murders? You remember 1 of the students survived a head wound? One of the girls. Do you remember reading anything about their trials? I've looked for 30 minutes and this is all I could find on these murders since 2007 ... and guess what, the motives weren't "robbery" ... it was a gang deal. The prosecutors deliberately lied to the public about this because they didn't want people to get upset that there was MS-13 gang violence going on in Newark, against black people.

Do you remember it ever being reported that they raped the 2 female college students? Nope, that wasn't in any of the reports I read. Do you remember reading that the female victims were cut up with machetes? Nope, that wasn't in any of the reports I read.

Oh .. there's still been no trial and the 1 survivor is in a witness protection program her former life totally cut off from her. Her parents lost their beautiful son that day who was 1 one of the 4 students shot and even though their daughter survived by a sheer medical miracle, they lost her to the witness protection program.

This is the only update I could find outside of a blog that reported about the survivor being in the witness protection program.

"'Strong gang component' revealed in Newark schoolyard slayings
"By Kate Coscarelli
"September 15, 2008, 4:16PM
"From left, victims Iofemi Hightower, Dashon Harvey, and Terrance Aeriel

"Prosecutors said for the first time today that the slayings of three college students in a Newark schoolyard last year had a "strong gang component" that was downplayed at the time for fear of inflaming the city.

"The Essex County Prosecutor's Office has said for months that some of the defendants had links to the MS-13 street gang but that their status may not have played a role in the robbery and murder of the victims.

"But prosecutors said today that gang membership was clearly a motive in the killings, although they stopped short of calling it the prime motive and would not say it was a gang initiation.

""Certainly there was a strong gang component underlying each of these crimes," said Thomas McTigue, Essex County assistant prosecutor.

"McTigue said none of the defendants was charged under state gang statutes in the 19-count indictment returned today, but he said his office would introduce evidence of gang motivation in the prosecution.

"The indictment brought charges of murder, robbery, weapons offenses and other crimes against Rodolfo Godinez, 25; his 17-year-old brother, Alexander Alfaro; Jose Lachira Carranza, 29; Melvin Jovel, 19; Shahid Baskerville, 16; and Gerardo Gomez, 16.

"The four students were hanging out behind Mount Vernon School on Aug. 4, 2007, when they were confronted by their attackers with a handgun and a machete. Three of the victims -- Terrance Aeriel, 18, Dashon Harvey, 20, and Iofemi Hightower, 20 -- were killed when they were lined up against the wall and shot in the back of the head. Terrance's sister, Natasha Aeriel, survived after being shot in the face and left for dead.

"All of the victims were robbed, and Aeriel and the group's other female, Iofemi Hightower, were sexually molested and cut with machetes and knives, according to a lawsuit recently filed against the city school system and the alleged killers.

"According to the indictment, Natasha Aeriel was sexually molested by Carranza and Baskerville, who were both charged with two counts of aggravated sexual assault.

"Essex County Prosecutor Paula Dow, in explaining why her office and the Newark police denied gang involvement earlier in the case, said law enforcement did not immediately have clear evidence of a gang-related motive.

"She said they also did not want to risk causing further violence in the city by speculating about the role MS-13 played in the killings. Other law enforcement officials have said privately that the concern was heightened because the victims were African-American and MS-13 is a Hispanic gang.

""Everyone remains so worried and scared of gangs," Dow said, adding that her office was concerned that "something really bad could erupt in the city" if it was portrayed as a gang massacre.

"Dow said the lone survivor of the attack, Natasha Aeriel, had memory loss that has hampered her recollection of the killings, but neither Dow nor McTigue would comment on what other evidence they were able to present to the grand jury.

"Newark Police Director Garry McCarthy said he remains proud of how quickly after the killings detectives were able to apprehend the six suspects, but he said authorities still had a lot of work ahead to make sure they are convicted.

""All six of the defendants were in custody within 13 days, which I still marvel at," he said. "But having them in custody is not even a quarter of the race."

"Previous coverage from The Star-Ledger"

http://www.nj.com/news/index.ssf/2008/0 ... _jury.html

______________________________

So WHERE ARE THE FEDS? Why hasn't the US Justice Department rounded up every single member of the MS-13 gang and indicted them for hate crimes against black Americans? They can premeditate the murder of black Americans, they can murder them execution style, rape and sexually molest them and cut them up with machetes and knives and not even a "peep" out of the FBI or the US Justice Department or the US DOJ Civil Rights Division about "federal hate crimes"? OH NOES! They're too busy chasing American teenagers who run into a mouthy 25 year old Mexican with a 15 year old girl in tow late at night in a dusty park who get into a brawl, someone throws 1 punch, the Mexican does down and dies 2 days later, teen-agers who have already stood trial for their crimes, who were convicted of the crime the jury felt was the appropriate charge for the crime and who are presently serving time for it in adult prisons.

Not 1 of the 6 members of the MS-13 gang, 5 of whom are illegal aliens, who murdered 3 black college students and attempted the murder of a 4th in Newark, Jersey have yet to even see a trial date for these horrific hate crimes against Americans.

Any American who wants the US Justice Department to pursue these teen-agers in Pennsylvania for a "hate crime" over a sucker-punch and a couple of kicks, while letting illegal aliens execute Americans down on their knees facing a wall being shot in the head and face, raped, sexually assaulted and then chopped up with machetes and knives needs to think real hard about whose side of this war they're really on.

Posted on Wed, Dec. 16, 2009


3 Shenandoah officers charged in cover-up of immigrant's killing
By Michael Rubinkam and Kathy Matheson



SHENANDOAH, Pa. - Federal prosecutors charged three police officers with orchestrating a cover-up in the fatal beating of a Mexican immigrant by altering evidence or lying to the FBI in a hate crimes case against two popular football players.
The indictment says that one of the officers was dating the mother of one of the athletes, and that anther officer had a son on the team.

The former Shenandoah High School athletes have now been charged with a federal hate crime, accused of beating Luis Ramirez, 25, in a park on a night in July 2008, the Justice Department said yesterday in Washington.

State prosecutors who tried to win ethnic intimidation or murder convictions against the athletes had alleged that the attackers yelled racial epithets at Ramirez and that one gripped a piece of metal to give his punches more power. Defense attorneys called Ramirez the aggressor.

The federal indictment brought praise from those who had long argued that the case was blatantly a hate crime.

"This is what our family, friends, and ongoing supporters have prayed for," said Crystal Dillman, who had two children with Ramirez.

The indictments accuse Derrick Donchak, 19, and Brandon Piekarsky, 18, of a hate crime. Donchak is also accused of conspiring with police to cover up the crime and giving false statements to police.

They also accuse Police Chief Matthew Nestor, Lt. William Moyer and Officer Jason Hayes of conspiracy and falsifying documents "with the intent to impede, obstruct, and influence the investigation." Moyer is further accused of witness tampering, destroying evidence and lying to the FBI.

The police chief and his second-in-command, Jamie Gennarini, were charged with extortion and civil-rights violations in a separate case.

The officers all pleaded not guilty and will be held until a bail hearing today.

No one answered the phone at the Shenandoah Borough Police Department yesterday, and the door was locked. Piekarsky's lawyer didn't immediately return a call, and the indictment did not list a lawyer for Donchak.

Hayes dated Piekarsky's mother, and Moyer's son played on the football team, according to the indictment, which alleges that the officers took actions on behalf of the teens, especially Piekarsky.

The arrests left the borough with only three active-duty police officers. Borough officials have asked the state police to help out.

Donchak, Piekarsky and a third teen, Colin Walsh, were previously charged in state court with Ramirez's death. Walsh later pleaded guilty in federal court to violating the victim's civil rights and took the stand against Donchak and Piekarsky.

Piekarsky was acquitted in May of third-degree murder and ethnic intimidation; Donchak was acquitted of aggravated assault and ethnic intimidation. Both were convicted of simple assault, and are in the Schuylkill County jail.

A fourth teen was found delinquent in juvenile court.

http://www.philly.com/inquirer/local/20 ... lling.html

Shenandoah police officers plead not guilty to charges related to immigrant's beating death

December 15, 2009, 5:04PM

WILKES-BARRE, Pa. — Three Pennsylvania police officers have pleaded not guilty in connection with an alleged cover-up in the fatal beating of a Mexican immigrant.

Shenandoah Police Chief Matthew Nestor and two of his officers face charges including witness tampering and lying to the FBI in the 2008 death of Luis Ramirez. They will be held until a bail hearing Wednesday.

A federal indictment unsealed today accuses the three of wrongdoing in the investigation into Ramirez’s death. The Mexican immigrant died after being beaten by a group of teenagers in July 2008. The indictment also charges two of the teens with a hate crime for allegedly shouting racial epithets at Ramirez as the beat him.

A fourth officer faces charges of extortion along with Neston in another matter. He also pleaded not guilty to all charges.

http://www.pennlive.com/midstate/index. ... s_ple.html