May 9—WILKES-BARRE — “Not good enough,” stated Attorney Sidney D. May who is contesting a third-degree murder charge against his client, Linasheri D’Onofrio.
May along with co-defense attorney Ellen M. Granahan are challenging the added charge of third-degree murder prosecutors were permitted file against D’Onofrio, 57, in February, more than two years after she was charged by the Pennsylvania State Police at Wilkes-Barre with neglecting to care for her physically disabled son, Shain D’Onofrio.
The partially decomposed body of Shain D’Onofrio, 24, was found by Plains Township firefighters who extinguished a blaze at a shed in the Mountain Ridge Mobile Home Park on Jumper Road, Plains Township, on Feb. 24, 2018.
Court records allege D’Onofrio placed the body of Shain D’Onofrio in a shed in early September 2017 until the morning of Feb. 24, 2018, when she moved the remains to another shed before setting it on fire. Investigators alleged D’Onofrio needed to dispose of the remains due to an eviction notice she received two days before the shed fire.
Charges of neglect to care for a dependent person and reckless burning were forwarded to the Court of Common Pleas after a preliminary hearing before District Judge Ferris Webby on Oct. 19, 2023.
First Assistant District Attorney Anthony Ross and Assistant District Attorney Gerry Scott added the third-degree murder offense against D’Onofrio on Feb. 24, 2025, resulting in May and Granahan to contest the added murder charge.
During a brief motion’s hearing before Judge Joseph F. Sklarosky Jr. on Friday, Ross presented the transcript of the preliminary hearing, highlighting testimony that D’Onofrio’s family and friends warned her Shain D’Onofrio needed hospital care prior to his death.
Shain D’Onofrio had cerebral palsy and was confined to a wheelchair while requiring a caretaker to provide life necessities such as food, shelter and prescriptions.
Ross said D’Onofrio, who was her son’s caretaker, failed to provide the necessary care that ultimately led to Shain D’Onofrio’s death by “malice,” in arguing for the third-degree murder charge to remain.
Countering Ross’ argument, May noted the cause of Shain D’Onofrio’s death remains “unknown” and the manner of death is listed as “could not be determined.” May further argued prosecutors at the preliminary hearing used “hearsay” testimony and a pediatrician, not a forensic pathologist, to talk about Shain D’Onofrio’s death.
May referred to Dr. Debra Esernio-Jenseen, a pediatrician at Lehigh Valley Hospital and an expert in child abuse, who testified at the preliminary hearing that Shain D’Onofrio died from “severe nutrition and egregious neglect” at the hands of another person.
In response to May’s argument, Ross said D’Onofrio’s neglect to care for her son led to his death due to D’Onofrio refusing to provide prescribed medications and intentionally missing appointments with physicians.
Sklarosky said he will accept legal briefs from May and Granahan, and Ross and Scott before he makes a ruling whether to keep or dismiss the third-degree murder charge against D’Onofrio.
In a related issue, investigators continue the search for the remains of Mary Rose Mikulak, date of birth Sept. 17, 1917, who is identified as D’Onofrio’s mother or grandmother in court records.
Mikulak resided with D’Onofrio and Shain D’Onofrio at the mobile home park and was last seen in 2011.