Shavinskin N. Thomas told a Schuylkill County judge Wednesday that he asked Pottsville police for a lawyer during their questioning of him concerning the murder and other charges that could put him on death row.
“I asked for a lawyer twice,” Thomas, 22, of Pottsville, told Judge Jacqueline L. Russell as part of his motion to throw out some or all of his confession to city police.
Russell did not make an immediate decision at the end of the 2 1/2-hour hearing, instead asking Assistant Public Defender Andrea L. Thompson, Thomas’ lawyer, and First Assistant District Attorney John T. Fegley to assemble an accurate transcript of the interview. She also accepted briefs from the lawyers outlining their position on the legality of Thomas’ arrest and the admissibility of his statements.
Thomas and Joshua M. Lukach, 19, 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 have filed against each man a notice of their intent to seek the death penalty and the aggravating circumstances that would justify it.
Pottsville police alleged that in the early morning hours of Aug. 6, 2015, Lukach and Thomas entered John 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.
Prosecutors had responded Tuesday to Lukach’s challenges to the admissibility of certain evidence against him and on Wednesday, they did the same concerning Thomas, who is alleging police violated his constitutional rights by refusing his request to consult with a lawyer. Any evidence obtained because of that violation should be excluded from his trial, according to Thomas.
Police said Thomas neither asked for a lawyer nor requested that they stop talking with him, his Miranda rights, during the interview at City Hall.
“Did he ever say he wanted an attorney?” Fegley asked police Capt. Steven Guers, who was present during Thomas’ entire interview and asked many of the questions.
“No,” Guers answered.
Guers said police informed Thomas several times of his right to be represented by a lawyer and to remain silent, but Thomas chose to answer his questions without a lawyer present.
He said he believes Thomas understood his rights and spoke voluntarily.
“Did you wish it didn’t happen?” Guers asked Thomas during the interview.
“Yes,” Thomas answered.
Thomas said during the interview that he and Lukach killed Brock in his bedroom, threw away the gloves they used, buried a knife they used and used Brock’s automatic teller machine card to get money.
“Did you see him die?” Guers asked Thomas.
“No,” he answered.
“How did you get out?”
“The back door ... the basement.”
Guers said there are technical problems with the tape but police did not use them to hurt Thomas.
“At no time did we alter or attempt to alter the system to take rights away from the defendant,” Guers said.
In his testimony, Thomas said police Chief Richard F. Wojciechowsky played with a switch on the system, an allegation Wojciechowsky categorically denied.
The chief also denied being in the same room with Thomas and his father, Steven Thomas, which the elder Thomas testified was the case.
Russell also is awaiting preparation of a transcript of Lukach’s interview with police before making her ruling in his case.