2 Men, Police Indicted in Pa. Race Beating

(CBS/AP)  Last Updated 4:07 p.m. ET

Two teenagers and three police officers have been indicted after an investigation into a fatal Pennsylvania beating of an illegal immigrant.

The Justice Department announced today that a federal grand jury has returned multiple indictments arising out of a fatal racially-motivated beating and related police corruption in Shenandoah, Pa.

The three indictments include federal hate crime, obstruction of justice, conspiracy, official misconduct and extortion charges.

Derrick Donchak and Brandon Piekarsky were charged with a hate crime for the fatal beating of Luis Ramirez while shouting racial epithets at him in July 2008.

Separate indictments accuse Shenandoah police chief, Matthew Nestor, and two officers under his command with a variety of charges, including witness tampering and lying to the FBI. The indictments were announced Tuesday at the Justice Department.

Nestor, Lt. William Moyer, and Officer Jason Hayes were charged with conspiring to obstruct justice during the investigation into the Ramirez beating. Moyer was charged with witness and evidence tampering, and lying to the FBI. All three pleaded not guilty Tuesday.

In an unrelated case, Jamie Gennarini, the police chief's second-in-command, was charged with extortion and civil rights violations. He is accused of extorting cash payoffs from illegal gambling operations, and demanding a $2,000 payment from a local businessman in 2007 to release him from their custody. Gennarini also pleaded not guilty Tuesday.

Four youths - including Donchak and Piekarsky - were previously charged in state court in connection with Ramirez's death. Piekarsky was acquitted by an all-white jury of third-degree murder and ethnic intimidation; Donchak was acquitted of aggravated assault and ethnic intimidation. Both were convicted of simple assault, which carry possible one- or two-year prison sentences.

The May verdicts were decried by Hispanic advocates who say Ramirez's death is part of a rising tide of hate crimes against Latinos.

The incident began when a half-dozen high school football players were headed home from a block party in the coal town of Shenandoah, which has attracted Hispanic immigrants with jobs in factories and farm fields. They came across Ramirez, 25, and his 15-year-old girlfriend in a park.

An argument broke out and the football players hurled ethnic slurs, although lawyers disputed who said exactly what. Defense attorneys called Ramirez the aggressor.

Soon Ramirez and Brandon Piekarsky were trading punches. Derrick Donchak jumped in - his lawyers said to break up the fight - and wound up on top of Ramirez. Prosecutors said he pummeled Ramirez while gripping a small piece of metal to give his punches more power; defense attorneys denied he had a weapon.

The fight wound down but the argument continued. Ramirez charged the group. He was knocked out by a punch to the face.

Ramirez died two days later from his injuries.

Prosecutors said he was killed by Piekarsky's kick to the head; defense lawyers said another teen delivered the fatal blow.

The indictment also alleges that, immediately following the beating, Donchak, Piekarsky and others, including members of the Shenandoah Police Department, engaged in a conspiracy to obstruct the investigation of the fatal assault. Donchak is charged with three additional counts for conspiring to obstruct justice and related offenses.

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

The FBI also asking anyone with information regarding alleged civil rights violations or public corruption in Schuylkill County, Pa., to call FBI Special Agents Alan Jones or Anthony Cavallo at the Allentown, Pa., Resident Agency of the FBI at [phone].

[angiehayes222]

I personally cannot believe all the hate that has came from this article. Are we forgetting it's the time for the Holidays.. Time To Be Thankful That You Are Alive.. No matter what RACE you are.. WE ALL NEED TO LIVE TOGETHER IN PEACE.. I do believe that is what our savior did for us!! A lot of people seem to forget that in this day and age we all just need to live in peace..Love one another as we should..

[lemonskinkus]

How many more cases have not come to light concerning police departments using such tactics? There are plenty folks. For those of you complaining and being rascist about what amounts to murder, remember, there just may come the day your hands clench the bars, and you look from the inside out, and wonder. Think about it.

[AgentGGG]

This article has many errors. The 15-year old was not his girlfriend, but perhaps just a friend who was a girl. Also, it's not clear how one could include the sentence "The fight wound down but the argument continued" if at the end the victim is dealt a fatal blow. This article is very sloppy and appears slightly biased in favor of the defendents. From where does the assertion "Ramirez charged the group" come from, and what is meant by the word "charged"? This article is exhibit A for extremely poor journalism.

[ccdsswrkr09]

Isn't anyone else concerned about the whole 15yo girlfriend thing? I wonder what the age of concent is in Pa.

[actornaught]

by ccdsswrkr09 December 15, 2009 2:22 PM EST
Isn't anyone else concerned about the whole 15yo girlfriend thing?...
....

Are you attempting to be some kind of murderer apologist?

Totally irrelevant, especially now.

[blindersoff]

I'm "concerned" about it, but I don't think the penalty would be death if her parents decided to press charges against the 25 year old. (If he were still alive).

[City-of-Latino-Angels]

How about this, will make your lilly white life happy. We will take BACK California, Arizona, Colorado, New Mexico, Nevada and Texas. The Spanish can take back Florida. The French can take back Louisiana, the Russians can take Alaska back. There you happy now, you can have the 13 colonies. I ll pray that the Indians come out of there reservations in masses and come back to claim there land and while doing so scalpel everyone of you. I think thats fair. Like you say to many of people of color ,well Im going to say it too, GO BACK WHERE YOU CAME FROM!!! HATE IS CONTAGIOUS!!

[overlawed-overtaxed]

the law is not perfect
if an illegal attacks a citizen
he should be put to death immediatly

[mensarino]

Go shave your back,you neanderthal.

[mensarino]

Yelling and repeating wont make what you say true.

[TheStolenGiraffe]

the fraternal order of police is the biggest organized crime syndicate in America...they live by and follow a code of loyalty among one another that is unparalleled even among the mafia...they never give one another up, or face dire consequences...they extort the extorters, rob the robbers, supply the drug dealers, and are at the top of every successful crime figure's payroll.

i admit, not all cops are crooked, and i honor and respect those that serve their community with integrity. and even though they all courageously protect the average citizen, they're no different than an organized crime family that makes ordinary people "pay for protection"...after all it is our taxes that go to pay for their salaries and their equipment.

[actornaught]

This is the same as almost every other phony issue on fox & rush, it's all about stirring people up JUST for ratings. I will never understand how easily the neo-conned blame the victims.

The border & immigration systems just don't work. Find one that does, and enforce it. It the meantime, act civilized or face the consequences.

I know it won't do any good, but there it is...

[steve8313]

The cops should get life in prison.