Derrick Donchak, the man who witnesses said wore brass knuckles when he sucker punched Luis Ramirez in the head, knocking him unconscious, so Brandon Piekarsky could deliver the final kick to the head, has been granted parole! This "cute" murderer has "learned his lesson in only 3 months".... for MURDER!! This is the same Derrick Donchak that dressed as a Border Patrol Agent after the murder and while he awaited trial, at a Halloween Party! He posted these pictures on his MySpace page! This is the same Derrick Donchak that was placed in "solitary confinement for misbehavior" for two months after misbehaving his 1st month in prison. The judge said he "learned his lesson" over the next three months??? Then granted him parole????
I wonder how many Latinos the Judge has released early, after only 3 months, saying he KNOWS they learned their lesson! This JUDGE is truly biased!
Let's hope the HATE CRIME charges move forward for both Donchak and Piekarsky. Luis Ramirez and his children deserve Justice!
Republican Herald reports:
Derrick M. Donchak can go home, a Schuylkill County judge ruled Tuesday in paroling him on charges stemming from the fatal beating of an illegal Mexican immigrant in July 2008 in Shenandoah. After a 30-minute hearing, Schuylkill County President Judge William E. Baldwin granted parole to Donchak, 20, of Shenandoah, saying he had changed his behavior after being placed in solitary confinement for more than two months for violating county prison rules.
"You have demonstrated that you learned a lesson in the last three months," Baldwin told Donchak, who was clad in a prison jumpsuit, handcuffs, leg shackles and a belt. However, Baldwin warned Donchak that he must follow the rules of his parole or face more prison time. "You have shown a complete lack of sensitivity," Baldwin warned Donchak. "If that attitude reappears, you'll be back in there pretty fast."
A prison spokesman said late Tuesday afternoon that Donchak already had been released.
Donchak said little while being led out of the courtroom after the hearing, replying, "Yes, sir," when asked if he would follow the rules and spend more time with his family. During the hearing, he said the misconduct was not is fault. "What happened with the write-up was a case of mistaken identity," he testified. "I was sleeping."
Prison officials, however, found that Donchak participated in "fishing" on Aug. 29 by accepting contraband - in his case, deodorant - dropped into his cell by a sheet attached to a long rope.
"He jumped up and started yelling and cursing," corrections officer William Schweikert testified. Prison officials found him guilty of insolence, giving a false statement and refusing to obey an order, and placed him in solitary confinement for 70 days.
Earlier in August, Donchak had been confined to his cell for 24 hours due to having contraband - in this case plastic forks and spoons and an excessive number of styrofoam cups - in there, according to corrections officer David Carduff. Prosecutors had opposed Donchak's parole due to the violations. "There have been multiple misconducts," Assistant District Attorney A.J. Serina argued to Baldwin. "We believe the defendant hasn't demonstrated he's capable of abiding by rules." Serina declined to comment on the parole after the hearing.
Donchak served the minimum seven months of the prison term Baldwin imposed on him after he was convicted on May 1, 2009, after a five-day trial of simple assault and alcohol-related offenses in connection with the July 12, 2008, beating of Luis Eduardo Ramirez Zavala on a Shenandoah street. Ramirez, 25, of Shenandoah, died two days later at Geisinger Medical Center, Danville. Donchak's co-defendant, Brandon J. Piekarsky, 18, of Shenandoah Heights, also was convicted of simple assault and alcohol-related offenses in connection with Ramirez's beating. Baldwin sentenced him to six months and seven days to 23 months in prison. Piekarsky already has been paroled.
Both Donchak and Piekarsky face federal hate crime charges and potential life sentences in connection with Ramirez's death. In that case, U.S. District Judge A. Richard Caputo on Tuesday granted Donchak until April 1 to file pre-trial motions, and said he would schedule the trial after ruling on them. Piekarsky on Tuesday asked for a similar extension; Caputo has not yet ruled on that request.
Donchak's release from the county prison means he can go home, although he will stay there on home detention pursuant to Caputo's Jan. 13 order allowing him to be released before trial. Piekarsky also is free from prison on home detention pending trial.
In a related case, Matthew R. Nestor, William Moyer and Jason Hayes, former Shenandoah police chief, lieutenant and officer, respectively, face federal charges for allegedly obstructing the investigation of the Ramirez beating. Caputo on Friday granted them additional time to file pre-trial motions and indicated he would schedule their trial after ruling on any motions that are filed.