The defense for Brandon Piekarsky and Derrick Donchak begin calling their witnesses today in day four of the death of illegal alien Luis Ramirez in Shenandoah, PA July 2008.

In a surprising move after calling 4 witnesses today the defense rested. The witnesses called include Officer Robert Senape who interviewed Arielle Garcia at the scene, Officer Michele Ashman who found the gun, Diego Tovar Alvarez who brought the gun to the scene, chief county detective Anthony Carroll who processed Ramirez' phone.

(Shenandoah Teen Trial Coverage: Day 1, 2, 3, 4, 5, My Verdict, Verdict is in!, Shenandoah Rally and Archive)

Piekarsky's attorney Fred Fanelli was the one who called all defense witnesses. Donchak's attorney Jeff Markosky called none. Markosky really didn't need to call any witnesses as those who testified pretty much kept his client out of the incident. I would think that Markosky should have called at least some testimony in challenging the "ethnic intimidation" charges against his client, but most of the witnesses in the case have already stated what happened regarding the other charges of aggravated assault, so there was really no need for him to call anyone.

The other charges against the two include underage alcohol charges and reckless endangerment. In my opinion those are going to stick as they weren't refuted in any way. Also the charges that the teens tried to hinder the prosecution by trying to get their story straight. That wasn't refuted either by the defense.

Of note in the testimony is from Carroll that Ramirez made 5 calls during the incident, two to Tovar who brought the gun, one to Victor Garcia, one to Crystal Dillman, and a call to someone named Zimudio, whom the testimony below didn't delve into.

From the way the incident has been portrayed in most of the media it has been that Ramirez and Rector, 15, were hanging out and these 5-6 boys came up and started calling them racial names then attacked Ramirez punching him to the ground and then kicking him to death.

However after hearing testimony for 4 days you can come to the conclusion that Ramirez:

• had time to walk away from the incident (as testified on day one by Roxanne Rector)


• prepared for the incident by taking his shirt off and jewelry (as testified on day one by Roxanne Rector)


• had time to make 5 phone calls (as testified below)


• that one person he called, Tovar, brought a gun (as testified below)


• Ramirez actually attacked one of the teens, Scully, after the first portion of the incident when they were dispersing "sucker punching" him (as testified on day two by Brian Scully and Colin Walsh)

Who exactly was this Diego Tovar Alvarez and why would Ramirez call him 2 times to come help? Tovar Alvarez was brought to testify from the Schuylkill County prison and some commenters during the testimony tipped me off to Tovar's rap sheet. This is the type of guy Ramirez called:

• Arrest Date: 03/22/2007 - Burglary, Criminal Trespassing-Break Into Structure, Recklessly Endangering Another Person, Resisting Arrest, Loitering And Prowling At Night Time, 2 counts of Disorderly Conduct, Criminal Mischief - Damage Property


• Arrest Date: 04/25/2007 - Theft From A Motor Vehicle, Criminal Mischief-Tamper W/Property, Harassment, 2 counts of Aggravated Assault, 2 counts of Simple Assault, Theft By Unlawfully Taking-Movable Prop, Receiving Stolen Property


• Arrest Date: 10/15/2008 - Burglary, Criminal Trespassing-Enter Structure, Theft By Unlawfully Taking-Movable Property, Receiving Stolen Property, Resisting Arrest


• Arrest Date: 10/15/2008 - 2 counts of Stalking - Repeatedly Committing Acts To Cause Fear, Defiant Trespassing, Loitering And Prowling At Night Time, Harassment-Follow In Public Place, Harassment-Course of Conduct W/No Legitimate Purpose

Then of course we know Tovar brought a gun to a fight. During testimony it was revealed to be a BB gun, but it's appearance was that of a .45 caliber handgun, which was used to threaten the teens after the incident.

All of this is really moot in whether the teens actually caused the death of Ramirez, however it does enter into your mind the type of person they were faced with in Ramirez who was sleeping with a 15 year-old-girl and had friends like Tovar they knew well enough to call twice during a fight. I simply don't believe that Ramirez was this happy, nice guy that he was portrayed as who was beaten to death by the teens without provocation. I believe that Ramirez continued to keep instigating the fight as per testimony which led them to continue to hit him after he attacked them a second time.

The above doesn't come down to whether the kick caused the death, but for those who have been thinking this was a roving band of racists, unless you are ignorant you'll see that it simply isn't the case. Of course groups like MALDEF will continue to trumpet their racist message upon conclusion of the trial and their message that "the white boys must pay!" which is their unstated real goal. Actually not just the white boys, but all white people. And that is their racist goals.

The real question here is did Piekarsky kick Ramirez in the head and did that cause his death? And remember, there can be no reasonable doubt.

Media coverage from WNEP

Below is testimony of day four:

---

Defense begins their case today.

9:09 [Piekarsky's defense attorney Fanelli] calls Officer Robert Senape, of the Mahanoy, West Mahanoy, and North Union township departments.

Senape: I interviewed Arielle Garcia on-scene, and she identified Scully as the kicker and the "he's not dead" comments to Walsh.

9:24 Cross examination by D.A. Jim Goodman

Senape says he saw the Garcias being interviewed at Shen. Police station, doesn't recall seeing the teens.

9:28 Fanelli calls officer Michele Ashman, of the Frackville police.

Ashman: on-scene, I saw Officer Hayes interview Arielle Garcia, and she identified Scully as the kicker.
Ashman: I found a gun in an alley near the scene. I was told it was a BB gun.
Ashman: my written report did not mention Garcia naming Scully as kicker.

9:47 Fanelli calls Diego Tovar Alvarez, friend of Ramirez.

Tovar: Ramirez called and told me about the fight.
Tovar: "I went down in my basement, got a BB gun and went to where he was at."
Tovar: Ramirez was down and the kids were running. I went to them and asked what happened.
Tovar: the BB gun was concealed under my shirt. I never pointed it at them.

10:04 Fanelli's examination is very choppy because of frequent objections and conferences with Judge Baldwin.

Tovar: I threw the BB gun into the bushes.

10:09 The gun has been entered as evidence. Both Ashman and Tovar identified it.

Tovar: I didn't ask the boys to call anyone. One of them did call the police, who arrived shortly.

10:50 Fanelli calls chief county detective Anthony Carroll.

Carroll: I interviewed Scully on July 13, and interviewed Arielle Garcia later that day.
Carroll: I don't recall Garcia naming Scully as kicker. She mentioned white sneakers, but "wasn't positive."
Carroll: I hadn't asked Scully about footwear. No thought given to showing footwear to Garcia for identification.
Carroll: in a July 25 interview, Scully said he kicked and missed at Ramirez.

11:15 Ramirez's phone entered into evidence. Carroll says he examined the calls.

Carroll: from 11:30 to 11:35 pm Ramirez made 5 calls: to Tovar (twice), Victor Garcia, Dillman, and someone named Zimudio
Carroll: I never had the BB gun tested but "I think it was broken."

11:21 Cross Examination by D.A. Jim Goodman's cross-exam

Carroll says Donchak and Scully have similar charges--at the time, Donchal was 18 and Scully 17. (Fanelli had asked why Scully was charged in juvenile court.)

11:22 Defense rests their case.
11:25 The crowd is shocked at the abrupt rest of the defense's case.

11:32 (Lunch Recess)

12:50 The proceedings have concluded for the day.

(Shenandoah Teen Trial Coverage: Day 1, 2, 3, 4, 5, My Verdict, Verdict is in!, Shenandoah Rally and Archive)

Testimony above from The Republican Herald