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