At about 11:30 on the night of July 12, 2008, six teenagers brutally assaulted a Latino man in a Shenandoah, Pa., park while yelling “Fucking Spic, “Go Back to Mexico” and “Tell your fucking Mexican friends to get the fuck out of Shenandoah.”
As they gathered at one of their homes after the attack, the mother of assailant Brandon Piekarsky arrived to tell them they needed to “get their stories straight” because she had heard from her boyfriend that the victim might die. Before they left the house that night, they agreed not to tell police that Piekarsky had kicked the man or that they had attacked him because of his ethnicity.
As it turned out, the mother’s boyfriend was Jason Hayes, a Shenandoah patrolman who had stopped several of the attackers as they fled. His connection to Piekarsky is one example of the links between the attackers and three Shenandoah police officers who tried to cover up the teenagers’ involvement in the crime, according to federal indictments unsealed yesterday.
The officers face obstruction of justice and other charges in connection with the beating death of Luis Ramirez, an undocumented immigrant from Mexico. In another indictment, Piekarsky and Derrick Donchak, who also took part in the attack, are charged with a federal hate crime that carries a maximum penalty of life in prison; Donchak is also charged with conspiracy to obstruct justice and related offenses. The federal indictments, greeted warmly by immigrant rights groups, came seven months after an all-white jury found the men guilty of a misdemeanor assault charge but acquitted them of more serious charges, including ethnic intimidation.
According to the indictment charging the three police officers, Piekarsky’s mother was also friends with Shenandoah Police Chief Matthew Nestor and had vacationed with him. In addition, Lt. William Moyer — who, along with Patrolman Hayes, stopped the attackers after the assault — had a son who played on Shenandoah’s high school football team with the assailants.
The indictment gives the following account: After the assault, Piekarsky accompanied police officers Hayes and Moyer to the park and told them about the attack. While at the crime scene, Piekarsky used his cell phone — which Hayes, his mother’s boyfriend, had given him and paid for — to call Donchak with the news that he had told police about the beating of Ramirez. He then went to Donchak’s home, where the assailants agreed to lie about what had happened that night — a pact they carried out in the days following the attack.
The next morning, Moyer showed up at the house of an assailant who is not named in the indictment and told him to speak with the other attackers so they could all give the same account to police. During the week after the assault, Moyer contacted the parents of a second unnamed participant with the suggestion that they get rid of the sneakers their son wore on the night of the attack. Shortly before July 24, 2008, he went to that participant’s home and, in an attempt to absolve Piekarsky, told the parents that their son “should take full responsibility for the assault.” In another effort to conceal Piekarsky’s involvement, Moyer and Hayes mischaracterized a witness’s account in an official report to make it appear that the second unnamed participant had a greater role in the attack than he actually did.
Moyer also falsely reported that an eyewitness who called 911 from the park that night did not identify any of the attackers and said there was a man wielding a gun. In fact, the 911 caller had identified Piekarsky, Donchak and other attackers to Moyer and Hayes. After stopping the assailants identified by the 911 caller, Moyer and Hayes released them. All three police officers deliberately wrote false reports in connection with the investigation, the indictment said. In addition, when a Shenandoah official recommended that the police department recuse itself from the investigation because of its ties to the suspects, the police chief refused.
Hayes’ lawyer, Frank Nocito of Kingston, Pa., said he does not comment on pending cases. Lawyers for Donchak, Piekarsky, and the police officers named in indictments did not return requests for comment.
According to a separate indictment, the corruption in the Shenandoah Police Department allegedly went beyond the case involving Ramirez’s death. Chief Nestor and his second-in-command, Capt. Jamie Gennarini, were charged with multiple counts of extortion and civil rights violations. In one incident described in the indictment, Nestor and Gennarini drove to the workplace of a local businessman, strode into his office and proclaimed, “This is the way we are going to do business in Shenandoah!” They then drove the businessman to the police station while Gennarini demanded money from him. After placing him in a holding cell, Nestor threatened to formally arrest him unless another individual brought $2,000 in cash for the two police officers. That person, who is not named in the indictment, told Nestor she needed to go to the bank. Nestor told her he would be getting paperwork ready for the businessman’s arrest while she made the trip. He then called her on her cell phone to ask why it was taking “so long,” the indictment said. After accepting the money, Nestor and Gennarini wrote “vague and misleading entries” in the department’s logbook to cover up the businessman’s detention.
Source: Southern Poverty Law Center
Wednesday, December 16, 2009
Federal agents arrest six in Shenandoah
According to a press release from the U.S. Department of Justice released this morning:
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 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.
Source: The Times-Tribune
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 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.
Source: The Times-Tribune
Two Shenandoah, Pennsylvania, Men and Four Police Officers Indicted for Hate Crime and Related Corruption
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.
09-1342
Civil Rights Division
Source: 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.
09-1342
Civil Rights Division
Source: Department of Justice
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