Hector Guardiola, 25, of South Boston, Massachusetts, was arraigned today in Roxbury District Court on charges of Manslaughter and Assault & Battery with a Dangerous Weapon in connection with an incident at a Lansdowne Street pub that resulted in the death of Michael DiMaria.
DiMaria, who lived in New York, was in Boston visiting with old friends from college and the group went to a pub on Lansdowne Street to spend some time together.
According to the Suffolk County District Attorney’s Office, prosecutors allege that a trivial argument broke out at the pub because one of the men in DiMaria’s group accidentally brushed against Guardiola as he was going to the bathroom. An argument allegedly ensued and DiMaria’s friend walked back to the table. At that point, Guardiola allegedly threw a beer mug, which shattered after hitting something and shards of sharp glass struck DiMaria, cutting his jugular vein.
Both the crimes of Murder and Manslaughter require proof of an unlawful killing, but the killing may be Manslaughter if it occurred under mitigating circumstances, i.e., if there is no evidence of malice.
In Massachusetts, Manslaughter is defined as the intentional unlawful killing of another, and in order to be convicted of Manslaughter, the prosecutor must prove:
- The defendant intentionally inflicted injuries likely to cause death upon the deceased that caused death; and
- The defendant acted unlawfully.
Boston Criminal Lawyer Lefteris K. Travayiakis has extensive experience in defending persons charges with Crimes of Violence, and is available 24/7 for consultation on Murder, Manslaughter and other felony charges.
To schedule a Free Consultation with a Boston Murder Lawyer, Contact Us Online or call 617-325-9500.