There is still plenty of emotion in Schuylkill County after a jury found two teens not guilty of the most serious charges against them in the beating death of a Mexican immigrant. That emotional pull includes a conflict between two members of the jury.
When Derrick Donchak and Brandon Piekarsky walked out of Schuykill County court last week they were relieved. A jury threw out the most serious charges and found them guilty of simple assault. Prosecutors said the duo took part in a fight with Luis Ramirez last year in which Ramirez was beaten to death.
The next day the jury foreman, Eric Macklin, blasted some of his fellow jurors. "I believe strongly that some of the people on the jury were racist. I believe some of the people on the jury had their minds made up before the first day of the trial," Macklin said Saturday.
Josh Silfies was one of the jurors. "It was eating me alive. I was totally consumed. I spent some time in the yard, tried to go fishing, trying to stay secluded. It wasn't easy. When I was picked April 22, I was shaking. My knees buckled. I couldn't believe it.," Silfies said.
He was outraged at the racist accusations. "It really bothers me. I think he really represented a few of us and it's not right. I haven't heard anything in that over eight hours of deliberation that would have given me any implication that any of us of hating any other race at all. Nothing was said," Silfies said.
He believes the evidence presented by the prosecution was full of holes.
"It was really not as cut and dry as a couple of white kids beat up a Mexican and killed him. It' s not like that. I sat there for a week and heard the testimony and heard the evidence, and I had a lot of doubt that these boys were heinous," Silfies added.
Colin Walsh cut a deal with the prosecution and testified against his friends. He faces up to eight years in prison on federal charges. Brian Scully was charged as a juvenile.
Silfies said a witness pointed to Scully as reponsible for the death.
"She says Scully was the last one with (Ramirez) and said to Scully, 'You killed him' and Scully doesn't say 'I didn't, we didn't.' He says, '(Ramirez's) still breathing.' She implicates Scully," Silfies added.
He added a majority of the jury was ready to throw out the most serious charges against the teens in the first hour but jury foreman Macklin dragged the deliberations on for hours, pushing for a conviction on all the charges. Silfies said the evidence was weak.
"I can remember saying to the jury foreman, pardon my language, 'Where the "f" where you all week!' I said, 'Weren't you out there?' And he said yes and I said 'Well you must have been asleep,'" Silfies recounted.
One of the questions remaining is will Brandon Piekarsky and Derrick Donchak spend any time in jail for their crimes. That should be known next month when their sentencings are schuduled.
Scully was charged in juvenile court in Schuylkill County but because those proceedings are held in secret, his fate may never be known.
In a related note, Hispanic leaders released a statement denouncing the verdict in the Shenandoah beating case. It reads:
"It was with great sorrow and disappointment that we received the news of the acquittal by a jury of all serious charges on the two Shenandoah, PA teenagers, both found guilty on simple assault and other minor charges on the beating death of Luis Ramirez Zavala, a Mexican immigrant, dehumanized from the start by the term "illegal". We were confident that the jury would take into consideration the overwhelming evidence presented by the District Attorney through witnesses at the scene, describing the way they deliberately kicked the defenseless victim as he lay on the pavement, as well as declarations of nationally renowned forensic pathologists who declared the manner of death as murder by blunt trauma to the head.
We realized the need of plea bargains, expecting they would result in murder convictions, which never happened. From the beginning we believed this was a hate crime, after the declaration by witnesses of ethnic slurs during the senseless beating of this immigrant, who did not provoke them, suffering an unequal attack against more than six athletic individuals, for the mere fact of being a different person. Unfortunately, the charges of third-degree murder and aggravated assault were placed on the mercy of an all-white jury, who, after deliberations classified this attack as a random fight of youngsters with no consequences. We are sure that if the attackers were Latino and the victim a white individual the result would have been the opposite.
This is the result of the hate in our society, promoted by unscrupulous political demagogues, legislators, law enforcement agents, media profiteers, and white supremacist groups through extreme rightist propaganda, unlawful search and seizure, unconstitutional legislation, defaming speeches and presentations, and filibustering comprehensive immigration legislation.
We pray now that the justice from almighty God will reach all those who perpetrated this heinous act, as well as others who participated and aided them. They will have this crime in their conscience for the rest of their lives. We seek to unite the community. May God protect us from those who violate the honorable principles of our forefathers. "
The statement was signed by Hispanic leaders Anna Arias, Agapito López, M.D., Amilcar Arroyo and Marcos Urbina.
When Derrick Donchak and Brandon Piekarsky walked out of Schuykill County court last week they were relieved. A jury threw out the most serious charges and found them guilty of simple assault. Prosecutors said the duo took part in a fight with Luis Ramirez last year in which Ramirez was beaten to death.
The next day the jury foreman, Eric Macklin, blasted some of his fellow jurors. "I believe strongly that some of the people on the jury were racist. I believe some of the people on the jury had their minds made up before the first day of the trial," Macklin said Saturday.
Josh Silfies was one of the jurors. "It was eating me alive. I was totally consumed. I spent some time in the yard, tried to go fishing, trying to stay secluded. It wasn't easy. When I was picked April 22, I was shaking. My knees buckled. I couldn't believe it.," Silfies said.
He was outraged at the racist accusations. "It really bothers me. I think he really represented a few of us and it's not right. I haven't heard anything in that over eight hours of deliberation that would have given me any implication that any of us of hating any other race at all. Nothing was said," Silfies said.
He believes the evidence presented by the prosecution was full of holes.
"It was really not as cut and dry as a couple of white kids beat up a Mexican and killed him. It' s not like that. I sat there for a week and heard the testimony and heard the evidence, and I had a lot of doubt that these boys were heinous," Silfies added.
Colin Walsh cut a deal with the prosecution and testified against his friends. He faces up to eight years in prison on federal charges. Brian Scully was charged as a juvenile.
Silfies said a witness pointed to Scully as reponsible for the death.
"She says Scully was the last one with (Ramirez) and said to Scully, 'You killed him' and Scully doesn't say 'I didn't, we didn't.' He says, '(Ramirez's) still breathing.' She implicates Scully," Silfies added.
He added a majority of the jury was ready to throw out the most serious charges against the teens in the first hour but jury foreman Macklin dragged the deliberations on for hours, pushing for a conviction on all the charges. Silfies said the evidence was weak.
"I can remember saying to the jury foreman, pardon my language, 'Where the "f" where you all week!' I said, 'Weren't you out there?' And he said yes and I said 'Well you must have been asleep,'" Silfies recounted.
One of the questions remaining is will Brandon Piekarsky and Derrick Donchak spend any time in jail for their crimes. That should be known next month when their sentencings are schuduled.
Scully was charged in juvenile court in Schuylkill County but because those proceedings are held in secret, his fate may never be known.
In a related note, Hispanic leaders released a statement denouncing the verdict in the Shenandoah beating case. It reads:
"It was with great sorrow and disappointment that we received the news of the acquittal by a jury of all serious charges on the two Shenandoah, PA teenagers, both found guilty on simple assault and other minor charges on the beating death of Luis Ramirez Zavala, a Mexican immigrant, dehumanized from the start by the term "illegal". We were confident that the jury would take into consideration the overwhelming evidence presented by the District Attorney through witnesses at the scene, describing the way they deliberately kicked the defenseless victim as he lay on the pavement, as well as declarations of nationally renowned forensic pathologists who declared the manner of death as murder by blunt trauma to the head.
We realized the need of plea bargains, expecting they would result in murder convictions, which never happened. From the beginning we believed this was a hate crime, after the declaration by witnesses of ethnic slurs during the senseless beating of this immigrant, who did not provoke them, suffering an unequal attack against more than six athletic individuals, for the mere fact of being a different person. Unfortunately, the charges of third-degree murder and aggravated assault were placed on the mercy of an all-white jury, who, after deliberations classified this attack as a random fight of youngsters with no consequences. We are sure that if the attackers were Latino and the victim a white individual the result would have been the opposite.
This is the result of the hate in our society, promoted by unscrupulous political demagogues, legislators, law enforcement agents, media profiteers, and white supremacist groups through extreme rightist propaganda, unlawful search and seizure, unconstitutional legislation, defaming speeches and presentations, and filibustering comprehensive immigration legislation.
We pray now that the justice from almighty God will reach all those who perpetrated this heinous act, as well as others who participated and aided them. They will have this crime in their conscience for the rest of their lives. We seek to unite the community. May God protect us from those who violate the honorable principles of our forefathers. "
The statement was signed by Hispanic leaders Anna Arias, Agapito López, M.D., Amilcar Arroyo and Marcos Urbina.
