Teens Ask Judge To Dismiss Charges In Shenandoah Death
Attorneys for three teenagers charged in the July fatal beating of an illegal immigrant in Schuylkill County asked a judge today to dismiss the charges, saying there was insufficient evidence to convict their clients on third-degree murder, ethnic intimidation and other counts.
The attorney for one of the teens, Brandon J. Piekarsky, 18, of Shenandoah, also asked the judge to compel the prosecution to identify specific evidence that shows what his client did to warrant a third-degree murder charge, what he said to warrant the ethnic intimidation charge and how he was involved with the others.
A fight broke out, and as Ramirez battled with Donchak, Walsh ran up and punched him, knocking him down so hard his head bounced off the pavement, leaving him unconscious. Then Piekarsky gave a final kick to the head, authorities say. Ramirez died two days later of his injuries.
In response to the lack-of-evidence motion, prosecutors submitted as evidence only a transcript from the teens’ Aug. 18 preliminary hearing and two supplemental physicians reports. Baldwin also gave prosecutors 10 days to file written responses to the motions.
The teens originally were charged with first- and second-degree murder, but a district judge dismissed those counts after the preliminary hearing, saying there wasn’t sufficient evidence to support them.
Tags: baldwin, district judge, ethnic intimidation, fatal beating, final kick, illegal immigrant, insufficient evidence, kick to the head, lack of evidence, motions, murder charge, pavement, preliminary hearing, prosecution, prosecutors, schuylkill county, second degree murder, teenagers, third degree murder
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