3 police officers among 5 people indicted in race-related beating

JohnRM

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http://www.cnn.com/2009/CRIME/12/15/hate.crime/index.html

Washington (CNN) -- Five people, including three police officers, have been indicted on charges related to the beating death of a Latino man in rural Pennsylvania in July 2008, the Justice Department said Tuesday.

Two indictments charge the five with federal hate crimes, obstruction of justice and conspiracy in what authorities are calling a racially motivated attack.

The indictments come almost six months after a Schuylkill County jury acquitted two teens of aggravated assault and one of murder in the death of Luis Ramirez.

The undocumented Mexican immigrant was beaten into a coma during a street brawl involving the teens and their friends on a residential street in Shenandoah. The incident divided the small, rural mining town along racial lines and became a flash point for racial tensions nationwide.

After the verdict, Pennsylvania Gov. Ed Rendell denounced the attack as racially motivated and called on the Justice Department to intervene.

A federal grand jury handed up the indictments last week, and they were unsealed Tuesday. The two young men, Derrick Donchak and Brandon Piekarsky, are accused of a hate crime for beating Ramirez while shouting racial epithets at him, according to the department.

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

Donchak also faces three counts of conspiring to obstruct justice and related offences. He is accused of attempting to orchestrate a coverup with members of the Shenandoah Police Department, the Justice Department said.

Shenandoah Police Chief Matthew Nestor and Lt. William Moyer and Officer Jason Hayes are charged with conspiring to obstruct justice in the Ramirez investigation. Moyer faces additional charges of witness and evidence tampering and making false statements to the FBI.

Nestor, Moyer and Hayes intentionally failed to "memorialize or record" statements made by Piekarsky about the incident, and "wrote false and misleading official reports" that "intentionally omitted information about the true nature of the assault and the investigation," the indictment said.

Nestor, Moyer and Hayes each face up to 20 years in prison on each of the obstruction charges if convicted, authorities said, along with an additional five years on the charges of conspiring to obstruct justice. Moyer faces an additional five years if convicted of making false statements to the FBI.

At the time of Ramirez's death, Hayes was dating Piekarsky's mother and Moyer's son was a high school freshman who played football with the youths involved in the attack, according to the indictment.

State prosecutors alleged that a group of teens including Donchak and Piekarsky, then 19 and 17, baited Ramirez into a confrontation after a night of drinking. Donchak and Piekarsky were walking home from a local festival when they encountered Ramirez and attacked him, "striking and kicking him while members of the group yelled racial slurs at him," the Justice Department said.

Prosecutors alleged Piekarsky delivered a fatal kick to Ramirez's head after Ramirez was knocked to the ground. A medical examiner ruled Ramirez died from blunt-force trauma to the head.

In June, an all-white Pennsylvania jury acquitted Piekarsky of third-degree murder and convicted him and Donchak of misdemeanor simple assault. The two were also found not guilty of aggravated assault, ethnic intimidation and hindering apprehension.

Donchak was convicted of corrupting minors for providing the alcohol to his friends before the fight. The two were sentenced to up to 23 months in the county jail.

After the verdict, Rendell sent a letter to U.S. Attorney General Eric Holder recommending the Justice Department pursue civil rights charges.

"The evidence suggests that Mr. Ramirez was targeted, beaten and killed because he was Mexican," Rendell wrote. "Such lawlessness and violence hurts not only the victim of the attack, but also our towns and communities that are torn apart by such bigotry and intolerance."

Gladys Limon, an attorney representing Crystal Dillman, Ramirez's fiancee, said Dillman welcomes the indictments, but remains fearful for her safety. Dillman has moved to an undisclosed location outside Shenandoah. Her truck was vandalized, and some people have yelled racial epithets at her on the streets, the attorney said.

"She is overwhelmed and is feeling a range of emotions," Limon said. "His family has suffered a great deal in the past year."

It has been particularly hard for Ramirez's family as the holidays approach, she said.

"The children miss their father. Crystal misses having him around for the holidays," Limon said. "Crystal says this is a gift from God, that this will bring justice to Luis."

A petition calling for federal charges in the case garnered 50,000 signatures, Limon said.

A hearing in the case was scheduled for Tuesday afternoon in federal court in Wilkes-Barre, Pennsylvania.

"The FBI wants to hear from anyone who may have information regarding alleged civil rights violations or public corruption in Schuylkill County," the Justice Department said Tuesday. Those with information can contact the Allentown, Pennsylvania, FBI office.


BOOYAH! I followed this particular story very closely, because Shenandoah is a mere thirty miles north of where I live. I spend time there occasionally and my doctor's office is located there. This is an incredibly disturbing story which is not told in just this article here, but the worst part is that these three officers indeed tried everything they could to cover-up this crime and protect the offenders from prosecution.

The trial itself was a sham and it was clear that they were going to get away with murder on account of that man's race. All of us who live here, no matter how you feel, know that if the roles were reversed and it were two Mexicans who beat a white man to death that they'd have hung before the next moon and if not, they'd have been lynched.

There is without a doubt a good old boy mentality still alive and well in certain pockets of coal country in Pennsylvania and I am glad to see that the federal government intervened and is doing something useful. I don't necessarily support hate crimes legislation, but in this instance, much needed justice will be served if they are convicted.
 
Yay. This is exactly why we need hate crime laws.
 
The trial itself was a sham and it was clear that they were going to get away with murder on account of that man's race. All of us who live here, no matter how you feel, know that if the roles were reversed and it were two Mexicans who beat a white man to death that they'd have hung before the next moon and if not, they'd have been lynched.

But that's racist. The non-racist thing to do is to look away and pretend that the USA has moved past racism.
 
Even though I know the reason behind it it's still weird to see the place name "Shenandoah" anywhere other than Virginia and WV
 
The hate crime part is :):):):):):):):) of course since thought crime is asinine, but lets execute just for murder regardless of the reason behind it.
 
That is pretty much how I feel about it. It is a pretty scary if I were to have to live in an area where two guys could murder someone and the police would cover it up based on that other man's race. I can't abide that and it makes me feel safer, for once, that the federal government intervened.
 
That is pretty much how I feel about it. It is a pretty scary if I were to have to live in an area where two guys could murder someone and the police would cover it up based on that other man's race. I can't abide that and it makes me feel safer, for once, that the federal government intervened.

Dude, it would be pretty scary to live in an area where two guys could murder someone and the police would cover it up FOR ANY REASON.
 
The hate crime part is :):):):):):):):) of course since thought crime is asinine, but lets execute just for murder regardless of the reason behind it.

should there be different punishments for people killing out of anger and people killing for money?

wait, you're gonna answer no, death penalty for both, right?

ehm, make that battery or something. you get the point.
 
The hate crime part is :):):):):):):):) of course since thought crime is asinine, but lets execute just for murder regardless of the reason behind it.

I agree with this. Hate "crimes" reduce freedom of speech.
 
should there be different punishments for people killing out of anger and people killing for money?

Only as regards premeditation. People typically plan out killing someone for money, but act out of emotion when anger is involved. Might be worth the difference in the death penalty and life in prison.
 
This quote more or less sums you up. Nonetheless, I hope you are never subjected to crime because of your race.

It is the crime that mattters not the fact that they are racist, homophobic or Nazi's. Thats iirelevant.
 
No, it isn't.

I think it is. To view it otherwise puts a higher value of worth on some people as opposed to viewing everyone as equals.

You should be punished the same regardless of the race or creed of the victim. Hate crime legislation is just social experiment over-reaction and part of the 'do something' disease because someone felt bad about something instead of being rational about it.
 
I think it is. To view it otherwise puts a higher value of worth on some people as opposed to viewing everyone as equals.

You should be punished the same regardless of the race or creed of the victim. Hate crime legislation is just social experiment over-reaction and part of the 'do something' disease because someone felt bad about something instead of being rational about it.


I think hate crime terrorises a whole community, whereas random ones dont. Put it this way MobBoss, if a gang began killing local Christians because they were Christian, wouldn't you feel more terrorised than if there were random murders occuring (as there is now)?
 
Why? Isnt what they did a crime regardless of the victims race? It absolutely is.

Hate crime laws are simply redundant.
If a guy jaywalks on the way to murdering someone, why charge him with the redundant crime of murder when you've got him nailed on the jaywalking charge?
 
Let's summarize.

Without a federal hate crime law: Two of the three are convicted of simple assault after brutally killing someone while shouting racial epithets, while the third goes completely free.

With a federal hate crime law: Not only will all three likely have to answer for their heinous crimes, so will the police with obvious conflicts of interest who deliberately covered it all up.

The clear lack of actual "law and order" strikes again.
 
I think hate crime terrorises a whole community, whereas random ones dont. Put it this way MobBoss, if a gang began killing local Christians because they were Christian, wouldn't you feel more terrorised than if there were random murders occuring (as there is now)?

Not really. My precautions for my safety and my families safety would be the same regardless. I see no difference in the 'terror' in what you describe here - having people murdered regardless of motive is scary enough thank you very much.

RRW, I know what you are saying. I just dont agree with you on it.

Let's summarize.

Without a federal hate crime law: Two of the three are convicted of simple assault after brutally killing someone while shouting racial epithets, while the third goes completely free.

Actually, this is incorrect and is even a direct misquote of the story in the OP. I also think you dont have a crystal ball and are making some very broad assumptions here.

Its also not been established that the federal hate crime law has done anything aside from the initial indictment. Dont count your eggs before they have hatched. An indictment isnt a conviction. And for my part, I hope justice is done in this case as it does sound like the suspects got off way too easy for the crime they commited even without it being considered a hate crime.

With a federal hate crime law: Not only will all three likely have to answer for their heinous crimes, so will the police with obvious conflicts of interest who deliberately covered it all up.

Actually, the obstruction of justice and conspiracy charges on the cops are not hate crime charges at all, and certainly could have been (and are being) pursued without the 'hate crime' label.

The clear lack of actual "law and order" strikes again.

I am all for law and order, I just see hate crimes as being redundant.
 
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