Two Years After Death of Matthew Denice, Family Waits for Trial, Justice

Two years after Matthew Denice, 23, was killed while riding his motorcycle in Milford, his hometown, his family continues to wait for a trial.

Nicolas Guaman, the man arrested on Aug. 20, 2011, is charged with striking Denice on the motorcycle with his truck, then not stopping, even as he dragged Denice in the street. This happened in front of more than a dozen witnesses on West Street, police say, on a warm night when people were sitting on their porches and stoops.

Some of the people ran up to the truck, pounding on the window, telling the driver to stop, police reported at the time. Some of these same people were later called to testify before a grand jury, which indicted Guaman on a charge of second-degree murder, among other offenses.

That was almost two years ago. Since then, the case has stalled around the issue of competency, whether Guaman, an Ecuadorian citizen who speaks an indigenous language, and who attorneys say didn't understand the U.S. court system, is competent to be tried.

The issue of his competency, first raised in June 2012, remains undetermined. In her last decision on the case, Superior Judge Karen Fenton Walker ruled in April that Guaman wasn't competent to be tried at that time, but had the capacity to understand his case and work with his attorneys if he had the appropriate interpreter, and some education to understand the American legal system. 

His attorney has since hired a tutor, and an interpreter who speaks Quechua, his primary language. Guaman is expected to return to court on Sept. 17. The prosecution has requested the scheduling of a trial date, which will be decided at that time.

The Denice family and his longtime girlfriend have attended all of the hearings in Worcester, even the ones meant only for rescheduling. Through it all, his mother, Maureen Maloney said, they have tried to remain optimistic that once the case reaches a judge or jury in a trial, Guaman will be convicted.

"If it gets to trial, he will be found guilty," Maloney said. "I am hoping we have a trial."

What she wants most of all, she said, is the strongest sentence possible. A conviction of second degree murder, the most serious charge facing Guaman, would carry a maximum sentence of 15 years. Any plea agreement, Maloney said, would likely result in a shorter sentence and reduced charges. The family wants a trial, she said.

"Any plea deal would be for a lesser charge, and likely a lesser sentence."

For two years, she said, the incremental progress in the case through hearings and court appearances has been difficult. But the family is committed to being there, physically representing their son.

"It is this emotional roller coaster," she said. "It opens up those feelings. Are we going to get to a a trial? Will justice be served? And I think, well, he is in jail. And I'm putting my faith in the judicial system."