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Matthew Denice Family supports MMA RoW Bill & Driver Indicted on Murder 2 Charges!

Published on 10/24/2011

Matthew Denice Family supports MMA RoW Bill & Driver Indicted on Murder 2 Charges!

An alleged drunken driver police say hit a motorcyclist and dragged him beneath his truck for a quarter-mile has been indicted on a second-degree murder charge.   The Worcester district attorney announced on Friday, October 21, 2012, the indictment of 34-year-old Nicolas Guaman of Milford, MA.   Guaman also was indicted on other charges, including manslaughter and motor vehicle homicide, in the Aug. 20 death of 23-year-old Matthew Denice of Milford.


The Massachusetts Motorcycle Association (MMA) is working to pass a Right-of-Way (RoW) Violations Bill that would seek higher fines and\or penalties for motorists that cause injury or harm to other motorists, bicyclists, or pedestrians.   Senate Bill Number 1797 sponsored by Senator Bruce Tarr and formally co-sponsored by 14 additional legislators enjoys support from many Police & Fire Chiefs, the Massachusetts Chiefs of Police Association, Barnstable County Sheriffs Departments, and many 1st responders across the state.


The family of Matthew Denise has issued the following statement:  “We the family of Matthew Denice fully support Senate Bill S.1797, the Right of Way bill; Since Matthew's death my wife is terrified when I ride my bicycle or go running. Many of Matthew's friends are also terrified to ride their motorcycles. More has to be done to help save lives on our roadways.”


"The MMA is pleased to see that the District Attorney saw fit to seek an indictment for 2nd degree murder and the lesser included offenses of manslaughter and negligent homicide." stated the MMA's General Counsel Attorney Paul Lancia.


Attorney Lancia further stated. "This provides the prosecution of Guaman with a strong position to a) allow a jury greater latitude of a guilty finding of one of the lesser offenses if they decide that the evidence does not support a 2nd degree murder conviction, and b) incentive for the defense to reach a plea that would more likely than not involve a lengthy term of incarceration." 


The statute for 2nd degree murder reads as follows:


Massachusetts General Law chapter 265 § 1:   The unlawful killing of a human being accomplished in one or both of the following modes:   (1) with malice aforethought; or (2) in the commission or attempted commission of a felony punishable by other than death or imprisonment for life.


(Under Massachusetts case law, to prove murder in the second degree, the Commonwealth must establish that Guaman committed the killing with malice. Malice means  an intent to inflict grievous bodily injury without legal justification, or an intent to act in a manner likely to cause death or serious injury. The malice element does not require an intent to cause a death.)


All in all, an effective indictment and the MMA applauds the Worcester County District Attorney's Office and pledges the full support of all it's resources to ensure justice is served in this most heinous of crimes .


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