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Judge weighs statements in Pottsville slaying

A Schuylkill County judge will wait to read transcripts of interviews with two young men accused of murdering a former Pottsville business owner in August before deciding whether their videotaped statements can be used as evidence at their trials.

Joshua M. Lukach, 19, and former Pottsville High School basketball standout Shavinskin N. Thomas, 22, both of Pottsville, each face charges of first and second degree murder, aggravated assault, robbery, burglary, theft, receiving stolen property, access device fraud, recklessly endangering another person, possessing instruments of crime, criminal trespass, and conspiracy.They are being held without bail. Prosecutors are seeking the death penalty.The men are accused of killing John Brock, 59, also of Pottsville in his home on Aug. 6. Brock owned the former Bike and Board Shop in Pottsville, which he opened in March 2012.According to an affidavit of probable cause filed by Pottsville police, Lukach and Thomas went into Brock’s home at 14 S. 12th St. at about 3 a.m., cut him with a box cutter and a knife, and stole $200 and his debit card.The pair later used the card at a Pottsville convenience store, according to testimony.Defense lawyers want the men’s’ incriminating statements to police suppressed. Lukach’s lawyer contends police kept questioning him even after he told them he no longer wanted to talk.Judge Jacqueline L. Russell listened to testimony and watched recorded interviews of Lukach and Thomas at hearings held Tuesday and Wednesday.Russell on Tuesday said neither she nor the court stenographer could hear what was being said on the video. First Assistant District Attorney John T. Fegley obtained speakers to amplify the sound.Lukach’s defense lawyer, Jeffrey M. Markosky, contends that his client told police he did not want to continue talking to police, but that Pottsville Police Chief Richard F. Wojciechowsky persisted with the interview.Wojciechowsky described Lukach as “extremely fidgety, nervous” during the interview, which was recorded at the police station. The video showed Wojciechowsky giving Lukach his Miranda rights before the interview began, telling him he had the right to stop talking. Lukach’s statements were difficult to hear.Wojciechowsky testified he did not recall asking Lukach questions after that statement, but said that he did not think Lukach meant that he wanted to stop the interview.He said that at one point during the interview, Lukach told him “I don’t want to talk because I don’t have nothing else to talk about.”“You didn’t take that as an indication” Lukach wanted to stop the interview? Markosky asked Wojciechowsky.“I did not, at that point, no,” the police chief answered.Wojciechowsky said they talked a bit more, then took a break.Lukach also asked to “talk to someone from the (district attorney’s) office,” Wojciechowsky said.At that point, he stopped the interview.On Wednesday, Russell watched a videotaped interview of Thomas, who is represented by Andrea L. Thompson. She is also asking for her client’s statements to police to be suppressed.Thomas, a 2012 graduate of Pottsville High School, was an outstanding athlete who participated in both basketball and track.In basketball, he was a two-year starter. A 6 foot 7 inch forward, he averaged 5.7 points per game his junior year for the Crimson Tide and 8.8 points per game his senior season.In 2012, Thomas won the District 11 Class AAA high jump and qualified for the PIAA State Track and Field Championships.Following graduation, he attended Bloomsburg University for a year. Thomas most recently played for the semipro Schuylkill County Firedogs basketball team.Reporter Emmett McCall contributed to this story.