Prosecutors may use Shavinskin N. Thomas’ statements, and evidence found as a result of them, against him at his homicide trial, a Schuylkill County judge decided Wednesday.
In a 19-page opinion, Judge Jacqueline L. Russell ruled Thomas neither asserted his right to remain silent nor asked for a lawyer during his interview with Pottsville police.
“(Thomas) never requested that the interrogation cease or otherwise unambiguously invoked his right to remain silent,” Russell wrote.
As a result, all of Thomas’ statements to police, plus the evidence discovered as a result of those statements, may be used when he is brought to trial in connection with the August 2015 death of John Brock. A trial date has not yet been set.
Evidence found as a result of Thomas’ statements includes gloves he had worn and a knife he had used in the incident, according to police.
Thomas, 22, and his co-defendant, Joshua Lukach, 19, both of Pottsville, each are charged with first-degree murder, second-degree murder, conspiracy, robbery, burglary, criminal trespass, theft, receiving stolen property, access device fraud, recklessly endangering another person, possessing instruments of crime and two counts of aggravated assault.
Prosecutors are seeking the death penalty for each man.
Pottsville police alleged that in the early morning hours of Aug. 6, 2015, Lukach and Thomas entered Brock’s 14 S. 12th St. home, fatally stabbed him with a knife and a box-cutter knife and took his debit card, which they used at an automatic teller machine later that day in the city. Brock was the owner of the now-closed Pottsville Bike and Board Shop, 125 W. Market St.
In his pre-trial motion, Thomas had asked Russell to rule his arrest unlawful, exclude all of his statements, plus evidence seized as a result of them, and dismiss charges of access device fraud, theft and receiving stolen property.
However, Russell ruled that police had more than enough evidence to arrest Thomas, based on the statements Lukach already had made.
“Probable cause clearly existed for (Thomas’) arrest,” she wrote.
She also rejected Thomas’ claims about his interrogation, deciding that police did not improperly question him at any time.
“The credible, reliable evidence relative to (Thomas’) interrogations was provided by the testimony of (city police Capt. Steven) Guers and Chief (Richard F.) Wojciechowsky, together with the transcript of the interrogations,” Russell wrote. “Based on the evidence, the court finds that (Thomas) never asserted a right to remain silent, nor did he request a lawyer when in police custody.”
Prosecutors and the defendant agreed to submit a transcription of all recordings of Thomas as part of the court’s official record, since the recordings were difficult to hear when played, according to Russell.
She also decided that prosecutors had presented more than enough evidence to support every charge against Thomas, who is being held without bail in the county prison pending further court action.
“The commonwealth’s evidence is more than sufficient to meet its prima facie burden to establish the identity of (Thomas) as being the perpetrator of the offenses at issue,” Russell wrote.
Russell has scheduled a pre-trial conference in Thomas’ case for 3 p.m. March 10.
Defendant: Shavinskin N. Thomas
Age: 22
Residence: Pottsville
Charges: First-degree murder, second-degree murder, conspiracy, robbery, burglary, criminal trespass, theft, receiving stolen property, access device fraud, recklessly endangering another person, possessing instruments of crime and two counts of aggravated assault