Racist Small Town Hoodlums Getting Away with Murder

Brian Fairbanks — Fri, 15 May 2009 17:10:00 GMT

Brandon Piekarsky entering court before his acquittal on third-degree murder charges. Piekarsky's level of involvement in the killing is unclear, as he wasn't believed to have helped in the beating.

On July 12th, in Shenandoah, Pennsylvania, a group of white teenagers were walking home when they came across a young Hispanic man in the park with a teenage girl. One of them yelled out, "Isn't it a little late for you to be out? Get your Mexican boyfriend out of here."

The Mexican man, whose name was Luis Ramirez, became enraged and screamed back at them and began calling for backup. Eighteen-year-old Brian Scully then traded punches with Ramirez, with no one ever agreeing on how the fight actually got started. Derrick Donchak, then 19, jumped on top of the badly-beaten Ramirez and, with a piece of metal between his knuckles, began pummeling Ramirez's face. Miraculously, Ramirez was able to recover and the boys ran off, hurling more racial slurs back as they ran. This enraged Ramirez, who chased after them until a quick blow to the head from Colin Walsh, a 17-year-old component of the all-white group, wiped him out. While Ramirez was down, Scully (it is said by witnesses) kicked Ramirez in the head, causing him to foam at the mouth and convulse. He died as a result of that brutal blow.

At the boys' trial, no one seemed to dispute these facts (except which boy did what.) Nonetheless, the jury acquitted the accused of third degree murder and various other charges while convicting them of simple assault. The defendants and their families emerged from the courtroom triumphant, while legal observers say this was on obvious miscarriage of justice:

"There's been a complete failure of justice," said Gladys Limon, staff attorney for the Mexican American Legal Defense and Education Fund, who attended the trial and informed Ramirez's family of the verdict. "It's just outrageous and very difficult to understand how any juror could have had reasonable doubt."

She said the evidence "clearly established that Luis Ramirez was brutally beaten."

Prosecutors cast Ramirez as the victim of a gang of drunken white teens motivated by a dislike of their small coal town's burgeoning Hispanic population. But the jury evidently sided with defense attorneys, who called Ramirez the aggressor and characterized the brawl as a street fight that ended tragically. [New York Daily News]
As Avery Friedman argues persuasively in the video from CNN yesterday, this was a pretty clear-cut case of jury nullification: the weight of evidence against the accused was so powerful that it's clear the all-white jury -- like similar juries in the South during the Civil Rights struggle -- was not going to convict two young white men of murdering a Mexican. Even if, as Friedman says, "the only reason he is dead is because he was Mexican." [Crooks and Liars]

Now, some activists are putting pressure on the state's Democratic Governor, Ed Rendell, to speak out about the hate crime. They believe the worst is still to come from a town that is almost 100% Caucasian and only 1% Hispanic...

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