....our boy Herring?


wnep.com /wnep-two-shenandoah-men-four-police-hate-crime,0,240696.story
WNEP
Death of Immigrant Leads to Federal Charges

By Trish Hartman, Bob Reynolds and Scott Schaffer

8:57 PM EST, December 15, 2009

SCRANTON (WNEP-TV) Federal authorities have indicted two teenagers and
several Shenadoah police officers on charges connected to the beating
death of Luis Ramirez, an illegal immigrant.

The indictments charge Derrick Donchak and Brandon Piekarsky with a
federal hate crime. Shenandoah Police Chief Matthew Nestor, Lt. William
Moyer and Officer Jason Hayes are accused of conspiring to obstruct
justice during the investigation into the 2008 beating. Moyer is also
charged with evidence tampering, witness tampering and lying to the FBI.

A third indictment involves Chief Nestor and Capt. Jamie Gennarini. They
face several counts of extortion and civil rights violations. Those
charges are connected to alleged illegal gambling operations in the
Shenandoah area.

All four officers pleaded not guilty in Federal court Tuesday afternoon
in Wilkes-Barre. They will have a bail hearing Wednesday afternoon in
Federal court in Scranton.

Prosecutors say Piekarsky and Donchak will likely be arraigned on the
Federal charges sometime next week. They are locked up in Schuylkill
County, serving time for local charges.

Piekarksy, already serving time for assault, is now charged with a
federal hate crime. He could get life in prison if convicted. Donchak,
also serving time for assault, also faces a hate crimes charge and a
possible life sentence.

Shenandoah Police Chief Matthew Nestor is charged with conspiring to
obstruct justice. In Federal court papers, he's described as a friend
who had vacationed with Piekarsky's mother.

Shenandoah Patrolman Jason Hayes is also charged with obstructing
justice. The feds say he is dating Piekarsky's mother.

Shenandoah police Lieutenant William Moyer faces Federal charges of
obstructing justice, tampering with evidence and lying to the FBI. He
and the two other officers each face up to 20 years or more in prison if
convicted.

It was July 2008 when the young men were arrested for kicking and
beating Luis Ramirez in an alley in Shenandoah, screaming racial slurs
at him the whole time. Rramirez was determined to be an illegal
immigrant and the case in Schuylkill County became a flashpoint on the
issue of immigration.

A third young man, Colin Walsh, pleaded guilty to Federal charges, and
testified against Donchak and Piekarksy at their trial in the spring.

Now, the feds say the borough police officers helped the defendants
dispose of crucial evidence including the shoes that were worn to
deliver the final, fatal kick to the head of Luis Ramirez. The
investigation also turned up other alleged crimes against the police.

Federal authorities charged Chief Nestor and his second-in-command,
Captain Jamie Gennarini, with multiple counts of extortion, accusing the
officers of conspiring to extort cash from several illegal gambling
operations in the Shenandoah area. All four officers pleaded not guilty
to the charges against them.

Shenandoah officials are expected to discuss the situation concerning
the four police officers at a special council meeting set for 7 p.m.
Wednesday. Borough officials say that, in the wake of the arrests, state
police will help provide coverage in the borough.

The full text of the news release from the Department of Justice is below:

DEPARTMENT OF JUSTICE - 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.

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