Pablo Guaman is Deposed in Brother's Case

WORCESTER — The brother of Nicolas Guaman, an Ecuadorian laborer who is charged in the death of Milford motorcyclist Matthew Denice, testified Wednesday, in a deposition collected for the second-degree murder case.

The deposition of Pablo Guaman, 36, was taken in a closed hearing at Worcester Superior Court. In statements following the appearance, a defense attorney and the family of Denice confirmed that the deposition took place.

Defense attorney Peter Ettenberg said in exchange for the deposition, the prosecutor will drop a misdemeanor charge facing Pablo Guaman. The charge, permitting an unlicensed driver to operate a motor vehicle, is pending in Milford District Court.

Otherwise, Ettenberg said, Guaman would not have testified Wednesday because he could have incriminated himself in the misdemeanor case.

The cases are related because prosecutors say Nicolas Guaman, who did not have a driver's license, was operating his brother's truck when he struck and killed Denice on Aug. 20, 2011.

Denice, 23, was a recent graduate of Framingham State University who was riding his motorcycle home when he was killed. Nicolas Guaman, 34, then a roofer, is charged with second degree murder and numerous other criminal charges in the case.

He is being held in a Worcester County jail while his case proceeds.

Outside the courthouse, Maureen Maloney, Denice's mother, said she wasn't sure how valuable the deposition testimony was. "I don't know that he said anything that we didn't already know," she said.

Ettenberg, who is one of two criminal defense attorneys representing Nicolas Guaman, said the deposition wasn't necessary. Pablo Guaman has a family in Milford, he said. "I don't think this witness is going to flee the country," he said. "I don't think the preservation of testimony is necessary."

The next court date in the case is now March 29, when a Superior Court judge may determine if Nicolas Guaman is competent to stand trial in the case.