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Guaman Pleads Not Guilty, Held Without Bail

Nicolas D. Guaman pleaded not guilty Tuesday in Worcester Superior Court to all charges filed against him in the death of motorcyclist Matthew Denice, including second degree murder. He will be held without bail.

WORCESTER — A Superior Court judge ordered held without bail Tuesday at an arraignment hearing in which the former construction worker pleaded not guilty to all charges filed against him in the death of Matthew Denice.

Superior Court Judge James Lemire ordered Guaman, 34, held without bail and he was told to surrender his passport to Milford police. Guaman is charged with second degree murder, manslaughter while driving a motor vehicle, leaving the scene after a collision causing death, and several other state offenses.

With the assistance of a Spanish language interpreter, Guaman pleaded not guilty to all of the charges in a barely audible voice. The courtroom had additional security for his appearance.

Denice, 23, a resident of Milford, was killed Aug. 20 after he was struck while riding his motorcycle. Prosecutors contend that Guaman, who was driving the pickup truck that hit Denice, continued to drive after the collision, dragging Denice for a distance of a quarter-mile.

Assistant District Attorney Jeffrey Travers, the prosecutor, asked Lemire to set no bail. "That's based upon the seriousness of the charges," Travers said, as well as Guaman's "illegal status in the United States." Guaman is represented by Peter Ettenberg, a Worcester defense attorney appointed by the court. He said he agreed with the stipulation of no bail while Guaman awaits trial.

Guaman is charged with seven offenses: second degree murder, manslaughter by motor vehicle, motor vehicle homicide operating under the influence of liquor, reckless endangerment of a child, leaving the scene of a collision causing death, failure to stop for police and unlicensed operation of a motor vehicle.

He is charged with reckless endangerment of a child because his 6-year-old son was in the truck at the time of the collision. Aug. 20, the date of the incident, was the boy's birthday, according to the records filed in Worcester Superior Court.

Guaman, a citizen of Ecuador, is in the United States illegally, according to local and federal law enforcement authorities. has issued a detainer on him, which would hold him should he be released pending deportation proceedings.

Family and friends of Denice filled three rows at Worcester Superior Court Tuesday morning for the arraignment hearing. They declined to speak to media following the hearing.

Guaman is next scheduled to appear in court Dec. 15 for a pretrial hearing.

Carolyn Kahn November 01, 2011 at 03:21 PM
He pleaded "Not Guilty"...Seriously? He didn't notice the young man's body stuck in the side of his truck as he fled the police?
Jim Rizoli November 01, 2011 at 03:24 PM
Sad to say, the way the courts work he'll probably get a slap on the wrist. How do you prove manslaughter when someone claims they didn't realize there was a body under my car. Remember he's being tried for a specific charge and everything else you might feel about the guy is irrelevant. Jim@ccfiile.com
UglyHat November 01, 2011 at 06:47 PM
Sadly, a plea has little to do with whether you believe you did something wrong or not. It has more to do with whether you believe you can get away with something or not. Or how much money your attorney thinks he can make in the process. A guilty plea doesn’t pay for Christmas gifts.
Jim Rizoli November 01, 2011 at 09:23 PM
Uglyhat...........Good way of putting it. Also, attorney is being paid for most likely by us. It's not who is guilty it's who can make it appear they are not guilty, buy the controlled evidence brought up at the trial. Facts have no bearing on the case, it's the perceived facts, being presented in a way that you accept them. jim@ccfiile.com
Mary MacDonald (Editor) November 01, 2011 at 10:04 PM
Sorry Teri, had to delete that one ...
SomeoneOrSomething November 02, 2011 at 12:35 AM
"You have the right to remain silent. Anything you say or do can and will be held against you in a court of law. You have the right to speak to an attorney. If you cannot afford an attorney, one will be appointed for you. Do you understand these rights as they have been read to you?" Mr. Rizoli, remember Miranda rights.
Apcsox November 02, 2011 at 03:16 AM
SDM, miranda rights are RIGHT FOR CITIZENS, not illegals, get your facts straight
David Nolta November 02, 2011 at 03:55 AM
A little reading suggests that Miranda rights are usually read and granted to anyone who is arrested and taken into custody in this country, regardless of whether they are American citizens and even if they are here illegally. This is a controversial topic, but generally speaking, the US Constitution has tended to spread its protections as widely as possible, over as many people as possible. I do not know the details of the arrest of the accused in this case, but I would be amazed if he was not read Miranda rights in some form before being taken to prison. It is as much to help the prosecution run smoothly, and to safeguard the case against the accused, as it is to aid the suspected criminal. How the lawyer was obtained, and who is paying for the lawyer, are other interesting questions which deserve better than spontaneous and merely speculative replies.
Mary MacDonald (Editor) November 02, 2011 at 04:15 AM
The attorney representing Guaman has been appointed for him by the court. The lawyer is not one he hired himself. So apparently, he qualifies. It's based on income.
SomeoneOrSomething November 02, 2011 at 04:23 AM
:) Want to play a game Apcsox?
UglyHat November 02, 2011 at 12:08 PM
It's not based on his income, it's based on his reported income. He qualifies because the Commonwealth of Mass believes he makes no money.
Mary MacDonald (Editor) November 02, 2011 at 12:59 PM
good point....
Jim Rizoli November 02, 2011 at 01:14 PM
Many people appearing in court say they can't afford a lawyer. Actually they can, they just don't want to pay for one. This is just one of those nice things about living in the good old USA. Jim@ccfiile.com
southpaw November 02, 2011 at 01:19 PM
He gets a FREE attorney, FREE translator, FREE healthcare, all while the rest of us work our butts off to support our families and we are the ones paying for him and every other ILLEGAL immigrant to get everything for FREE!
David Nolta November 02, 2011 at 01:30 PM
While I cannot claim to know the criminal mind as well as some here, I do believe that in the American justice system (a system that, for all its flaws, is one of the historically important accomplishments of which Americans can be proud), justice is more likely to be served when the accused has legal representation. This is better for everybody involved.
UglyHat November 02, 2011 at 01:59 PM
I agree that defendants should have representation, even if they cannot afford it. But I do not believe we should spend more on publicly-paid defense than on prosecution. And I believe we should narrow the criteria for ‘indigent’. Taxpayer money should be better protected.
Apcsox November 03, 2011 at 12:03 AM
AMEN,why does an ILLEGAL get the RIGHTS of an American citizen (and then some)?!?!?
Tellnoone December 12, 2011 at 12:19 AM
Ahhh Southpaw you are getting it. Some in Mass actually are getting it!!!!!!!!Yeah!! And guess where your SS deposits are going Nope they aint collecting dust waiting for your retirement. They are going to illegals who never worked a day in thefir lives. Like Auntie TEETEE the Presidents Auntie in South Boston. Retired at 58 Start the Circus music now It may as well be the National Anthem These people are laughing allll the way to the Piggy BanK My deepest sympathies to the victims family This is a total Travesty of Justice Thanks to Deval(gave 98 Million in health care to Illegals last year alone. I paid for Insurance and copays who is the fool or should I say slave??) , Atty Coakley (She will be remebered for her brilliant defense of the invaders with Illegal isnt illegal" and she wonders why she didnt get Teds seat?) and every other politician that keeps looking the other way with regards to these invaders!

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