The family of a Shenandoah man who died in November 2004 while in custody should have a chance to prove in court that borough police had a hand in his death, a federal judge decided Thursday.
In a 14-page memorandum and order, U.S. District Judge John E. Jones III ruled the family of David L. Vega has presented enough evidence to justify a trial of their wrongful death lawsuit against the Borough of Shenandoah and its former police chief and captain, Matthew R. Nestor and Jamie Gennarini.
"It looks like we're finally to the end of the road and we're going to see justice," Joseph E. Welsh, Allentown, the lawyer for David Vega's parents, Carlos J. Vega, Shenandoah, and Genevieve F. Victor, Hazleton, said Thursday.
Jones, a Pottsville lawyer whose main chambers are in Harrisburg, scheduled the case for the August 2012 trial term, with a pretrial conference to be held on July 2.
David Vega's parents filed the civil lawsuit on Nov. 27, 2006, alleging their son was killed by Shenandoah police, who then tried to make his death look like a suicide. They asked for unspecified actual and punitive damages in excess of $150,000, plus attorney fees and costs, from the defendants, alleging numerous violations of their son's legal rights, and demanded a jury trial of the case.
"It is believed ... that ... David L. Vega was beaten to death and then hung from the bars of a holding cell to make it appear as if he had committed suicide," the lawsuit reads in part.
The defendants have denied any wrongdoing, saying David Vega committed suicide, as had been concluded by county Deputy Coroner Albert Breznik Jr.
In Thursday's memorandum, Jones adopted in full the recommendation of U.S. Magistrate Judge Martin C. Carlson, a former United States attorney, who said most of the case should go to trial.
Jones wrote that at this stage of the case, he cannot make decisions on the credibility of the witnesses who will testify, and that he must view the evidence in a light most favorable to the Vega family.
"Determinations of fact are not to be made by a court at the summary judgment phase, but are to be left for the jury to decide at trial," Jones wrote.
He agreed with Carlson that the claims for false arrest and imprisonment should be dismissed, ruling that all the witnesses to the arrest agreed that David Vega appeared drunk and disorderly.
"There is no doubt that Defendant Gennarini had probable cause to arrest (David) Vega," Jones wrote.
Furthermore, Carlson correctly recommended dismissal of claims for damages under the state Constitution, since Pennsylvania law clearly does not permit that, Jones wrote.
However, Jones ruled the rest of the claims cannot be dismissed because to do so would require him to judge the credibility of the evidence Vega's parents are offering.
That evidence includes statements by Angela Pleva, the mother of Nestor's child, that the former chief admitted to her that he and Gennarini had killed Vega.
"Neither the credibility of Pleva's statement nor the weight that should be accorded thereto, are before this Court," Jones wrote.
Claims by Gennarini and the borough that the evidence is insufficient to support the claims against them also must be denied for the same reason, according to Jones.
"Defendants would have us weigh evidence and determine credibility, which we cannot do at this juncture," he wrote.