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No murder conviction in Mexican immigrant's death

MrMatt

Banned
http://www.cnn.com/2009/CRIME/...ant.beating/index.html


POTTSVILLE, Pennsylvania (CNN) -- A fomer Pennsylvania high school football player was acquitted of murder Friday in the beating death of a Mexican immigrant last summer.
Derrick Donchak, 19, was charged with aggravated assault and ethnic intimidation.

Luis Ramirez died of blunt force injuries after a confrontation with a group of Pennsylania teens.

However, a Schuylkill County jury found Brandon Piekarsky and Derrick Donchak guilty of simple assault stemming from the death of Luis Ramirez, who died of blunt force injuries to the head after a fight with the defendants and their friends.

Donchak, 19, was also found guilty of providing alcohol to the group of teens that encountered Ramirez the night of July 12 on a residential street in the rural mining town of Shenandoah.

Both teens were acquitted of ethnic intimidation charges.

Prosecutors alleged the teens baited the undocumented Mexican immigrant into a fight with racial epithets, provoking an exchange of punches and kicks that ended with Ramirez convulsing in the street, foaming from the mouth.

He died two days later in a hospital in Danville.

Piekarsky, 17, had faced a charge of third-degree murder for allegedly delivering a fatal kick to Ramirez's head after he was knocked to the ground. He also was found not guilty of ethnic intimidation, aggravated assault and attempting to solicit a cover-up.

An all-white jury of six men and six women heard from several prosecution witnesses, including a juvenile co-defendant and another teen who pleaded guilty in federal court for his role in the fight.


While the jury heard conflicting accounts about who initiated the encounter or delivered the final kick to Ramirez's head, defense lawyers attempted to place the blame on another co-defendant, who is facing charges in juvenile court, and Colin Walsh, who has pleaded guilty to violating Ramirez's civil rights.

The juvenile admitted on the stand to shouting "go home you Mexican [expletive]" after the first fight dispersed, prompting Ramirez to turn back and attack him.

The juvenile's testimony was corroborated by Walsh, who admitted to punching Ramirez and knocking him to the ground after he charged the juvenile.

Both witnesses said Piekarsky delivered the final blow to Ramirez's head while he was on the ground, but others testified that they couldn't be certain who had actually kicked him.

The incident drew national attention to the small town of Shenandoah, highlighting issues of race relations.

Really? A group of people beat a guy to death and no murder convictions? Really? Who cares who started the fight...a gang of people beat one man to death. On what planet is that not murder?
 
Not only that, but he was an illegal immigrant. The "Leftist" media refers to him as "undocumented" in the article.

Many Americans view illegal immigrants as barely a step above those other brown miscreants, terrorists. I assume the good volken of Pottsville, PA share this True American mindset.
 
Read the entire article, before crying about anything.

The final kick, the one believed to have caused the death, was not done by the ones found not guilty.
 
Originally posted by: Ackmed
Read the entire article, before crying about anything.

The final kick, the one believed to have caused the death, was not done by the ones found not guilty.

Maybe you should read the article.

However, a Schuylkill County jury found Brandon Piekarsky and Derrick Donchak guilty of simple assault stemming from the death of Luis Ramirez, who died of blunt force injuries to the head after a fight with the defendants and their friends.

Both witnesses said Piekarsky delivered the final blow to Ramirez's head while he was on the ground, but others testified that they couldn't be certain who had actually kicked him.
 
Isn't the jury supposed to be made up of ones peers? All White Supremacists (over those illegals) is not that mans peers

Will these punks even have to pay the doctors bills?

America... fuck you... where we are still racist inbreds.. what the fuck you gonna do about it
 
Originally posted by: dahunan
Isn't the jury supposed to be made up of ones peers? All White Supremacists (over those illegals) is not that mans peers

Will these punks even have to pay the doctors bills?

America... fuck you... where we are still racist inbreds.. what the fuck you gonna do about it

Well how many illegal Mexicans are going to respond to jury duty?

The problem is we have no idea how many legal ones are available from the pool they selected the jury members from and one would had thought this would had been something the prosecutor would had first looked at.
 
Originally posted by: GodlessAstronomer
Many Americans don't consider non-Americans to be human beings. Just look at the way people talk about Mexicans on this forum.

Are you serious? Just because a person is against illegal immigration doesn't mean they don't consider them human? That's a BIG assumption on your part, and I dare say one you can't back up with any proof.
 
Doesn't this seem like the type of Justice a lesser country would dole out

Drunken black teens incite a fight with a white man and beat him to death - Intentionally.... they knew 100000000% that their actions left him for dead...

Do the darkies get off this easy.. maybe get a jury of ALL BLACKS.. lol.. NOT
 
Originally posted by: Newbian
Originally posted by: dahunan
Isn't the jury supposed to be made up of ones peers? All White Supremacists (over those illegals) is not that mans peers

Will these punks even have to pay the doctors bills?

America... fuck you... where we are still racist inbreds.. what the fuck you gonna do about it

Well how many illegal Mexicans are going to respond to jury duty?

Ouch.

Besides, the defendant is the one who gets tried by a jury of his peers.
 
Originally posted by: nobodyknows
Originally posted by: Newbian
Originally posted by: dahunan
Isn't the jury supposed to be made up of ones peers? All White Supremacists (over those illegals) is not that mans peers

Will these punks even have to pay the doctors bills?

America... fuck you... where we are still racist inbreds.. what the fuck you gonna do about it

Well how many illegal Mexicans are going to respond to jury duty?

Ouch.

Besides, the defendant is the one who gets tried by a jury of his peers.

oops.. guess I am still intoxicated..

omg lol

I cannot agree to the charges these poor little white boys got convicted of.. .. they should have been set free
 
Originally posted by: dahunan
Originally posted by: nobodyknows
Originally posted by: Newbian
Originally posted by: dahunan
Isn't the jury supposed to be made up of ones peers? All White Supremacists (over those illegals) is not that mans peers

Will these punks even have to pay the doctors bills?

America... fuck you... where we are still racist inbreds.. what the fuck you gonna do about it

Well how many illegal Mexicans are going to respond to jury duty?

Ouch.

Besides, the defendant is the one who gets tried by a jury of his peers.

oops.. guess I am still intoxicated..

omg lol

I cannot agree to the charges these poor little white boys got convicted of.. .. they should have been set free

We need someone to find some statistics of this area to see what the selection looked like since I have no idea what they can do if it's 99% white and 1% other.

Or can they bring in people from outside the county and such.
 
Originally posted by: nobodyknows
Originally posted by: Newbian
Originally posted by: dahunan
Isn't the jury supposed to be made up of ones peers? All White Supremacists (over those illegals) is not that mans peers

Will these punks even have to pay the doctors bills?

America... fuck you... where we are still racist inbreds.. what the fuck you gonna do about it

Well how many illegal Mexicans are going to respond to jury duty?

Ouch.

Besides, the defendant is the one who gets tried by a jury of his peers.

True, but you would think the prosecutor would had been able to do something for the victim.
 
Originally posted by: dahunan
Isn't the jury supposed to be made up of ones peers? All White Supremacists (over those illegals) is not that mans peers

Will these punks even have to pay the doctors bills?

America... fuck you... where we are still racist inbreds.. what the fuck you gonna do about it

Your racism is exhibit A. Ranting and raving about whites. Fuck you too.

The act of beating someone to death is murder, and those involved should be found guilty of murder. There is no need to bring race into this matter, except by racists.
 
Originally posted by: Newbian
Originally posted by: nobodyknows
Originally posted by: Newbian
Originally posted by: dahunan
Isn't the jury supposed to be made up of ones peers? All White Supremacists (over those illegals) is not that mans peers

Will these punks even have to pay the doctors bills?

America... fuck you... where we are still racist inbreds.. what the fuck you gonna do about it

Well how many illegal Mexicans are going to respond to jury duty?

Ouch.

Besides, the defendant is the one who gets tried by a jury of his peers.

True, but you would think the prosecutor would had been able to do something for the victim.

Not if he wanted to get re-elected. The best thing he could have done for him is deported him, but too late for that now.

 
Originally posted by: Jaskalas
Originally posted by: dahunan
Isn't the jury supposed to be made up of ones peers? All White Supremacists (over those illegals) is not that mans peers

Will these punks even have to pay the doctors bills?

America... fuck you... where we are still racist inbreds.. what the fuck you gonna do about it

Your racism is exhibit A. Ranting and raving about whites. Fuck you too.

The act of beating someone to death is murder, and those involved should be found guilty of murder. There is no need to bring race into this matter, except by racists.

Except the group of teens baited the victim with racial epithets. And in America, we have chosen to prosecute crimes committed because of race with harsher sentences because of America's egregious history of racial hatred, intimidation, lynchings, and subjugation perpetrated against racial minorities.
 
Hate crime laws were created to give the Federal Government jurisdiction, because local juries--all white ones-- would acquit white murderers of blacks. This seems awfully similar, and should have been tried in Federal court.
 
Originally posted by: Phokus
I'm sure the republicans in this forum are crying about the miscarriage of justice here.
When curb stomping someone to death is not murder?
 
I don't think the ruling was a result of an all white jury. I believe it was the result of a (intentional) blotch job prosecuting by the DA. This case should have been moved to federal court.

The mom of the guy who delivered the fatal blow was dating the cop who responded to the crime.

My big assumption: The small town cop fudge the facts and went to the DA "hey buddy, I'm banging his mom..."
 
Originally posted by: GodlessAstronomer
Originally posted by: Ackmed
Read the entire article, before crying about anything.

The final kick, the one believed to have caused the death, was not done by the ones found not guilty.

Maybe you should read the article.

However, a Schuylkill County jury found Brandon Piekarsky and Derrick Donchak guilty of simple assault stemming from the death of Luis Ramirez, who died of blunt force injuries to the head after a fight with the defendants and their friends.

Both witnesses said Piekarsky delivered the final blow to Ramirez's head while he was on the ground, but others testified that they couldn't be certain who had actually kicked him.

Also it doesn't matter in the slightest who gave the final kick as I'm sure felony murder applies in this case.
 
Originally posted by: eskimospy
Originally posted by: GodlessAstronomer
Originally posted by: Ackmed
Read the entire article, before crying about anything.

The final kick, the one believed to have caused the death, was not done by the ones found not guilty.

Maybe you should read the article.

However, a Schuylkill County jury found Brandon Piekarsky and Derrick Donchak guilty of simple assault stemming from the death of Luis Ramirez, who died of blunt force injuries to the head after a fight with the defendants and their friends.

Both witnesses said Piekarsky delivered the final blow to Ramirez's head while he was on the ground, but others testified that they couldn't be certain who had actually kicked him.

Also it doesn't matter in the slightest who gave the final kick as I'm sure felony murder applies in this case.

Yes it does. I was on a jury for capital murder.
 
Originally posted by: six
Originally posted by: eskimospy
Originally posted by: GodlessAstronomer
Originally posted by: Ackmed
Read the entire article, before crying about anything.

The final kick, the one believed to have caused the death, was not done by the ones found not guilty.

Maybe you should read the article.

However, a Schuylkill County jury found Brandon Piekarsky and Derrick Donchak guilty of simple assault stemming from the death of Luis Ramirez, who died of blunt force injuries to the head after a fight with the defendants and their friends.

Both witnesses said Piekarsky delivered the final blow to Ramirez's head while he was on the ground, but others testified that they couldn't be certain who had actually kicked him.

Also it doesn't matter in the slightest who gave the final kick as I'm sure felony murder applies in this case.

Yes it does. I was on a jury for capital murder.

Well in terms of who is most likely to get the death penalty or whatever I guess that's true, but as to who is guilty of murder it doesn't matter. In this case I'm sure what they were doing counted as felony assault and battery or whatever, and if you are committing a felony and someone dies while you are doing it, instant felony murder. It doesn't matter if you are robbing a bank and someone has a heart attack.
 
Originally posted by: GodlessAstronomer
Originally posted by: Ackmed
Read the entire article, before crying about anything.

The final kick, the one believed to have caused the death, was not done by the ones found not guilty.

Maybe you should read the article.

However, a Schuylkill County jury found Brandon Piekarsky and Derrick Donchak guilty of simple assault stemming from the death of Luis Ramirez, who died of blunt force injuries to the head after a fight with the defendants and their friends.

Both witnesses said Piekarsky delivered the final blow to Ramirez's head while he was on the ground, but others testified that they couldn't be certain who had actually kicked him.

yes and we all know how reliable eyewitness testimony can be. :roll:

thats why they don't take cases to court unless there is more....people have notoriously bad memories.

which is why he was found guilty of assault....did people see him hit the guy?...yes.

was it the final strike?...yes

were any of these witnesses medical personnel that checked the victim immediately afterwards and can concretely say beyond a reasonable doubt that he delivered the killing blow?...no they were not.

sorry but final blow =! killing blow

 
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