Suspect In Bizarre Bar Death Pleads ‘Not Guilty’

Family: Michael DiMaria Was Just Minding His Own Business

Updated: 8/17/2010 6:30 a.m.

HICKSVILLE, N.Y. (CBS 2) — A man accused of throwing a glass that shattered and killed a Long Island man in a bar, pleaded “not guilty” to manslaughter in court.

Michael DiMaria, 23, was catching up with friends this weekend inside a Boston pub near Fenway Park when two other men had a confrontation.

“We love him and we miss him,” sister Jennifer DiMaria said.

“He was an innocent bystander. He was innocent. He had nothing to do with anything going on in that bar,” father Joseph DiMaria added.

“The defendant then from some distance away threw a heavy beer glass,” prosecutor Ian Polumbaum said.

As the defendant Hector Guardiola hid behind a door, Boston prosecutors outlined how the beer glass shattered into pieces, hurting two other bystanders and fatally finding Michael DiMaria’s neck.

“That shard perforated the jugular vein and caused him to bleed to death,” Polumbaum said.

It was a freak chain of events that had his family wondering what if.

“He was standing an inch, if he was standing a step to the left or a step to the right …,” Joseph DiMaria said.

DiMaria’s sister said she isn’t leaving it to chance.

“It wasn’t an accident. Someone threw something and this happened,” Jennifer DiMaria said.

The tragedy cut short the life of a young man who had just begun a career on Wall Street.

Michael’s dad said the mourning at the home was for the life that was, and the one that wasn’t, that there is great sadness for the sweet moments the 23-year-old never got to experience, such as getting married, having kids, and making your mark.

Now memories will be what live on.

“He’s my brother. They called him ‘Dimo.’ They loved him, and everyone is going to miss him. He was Dimo …,” Jennifer said before breaking down in tears.

Guardiola has been charged with manslaughter and assault and battery. Michael DiMaria’s body was undergoing an autopsy to determine the precise cause of death.

Comments

One Comment

  1. Justice2 says:

    My heart goes out to this young man’s family. What a terribly terrible tragedy. Micheal was the victim of a violent crime. It is disgusting to read comments about it being “an accident.” The painful consequences of violent actions are NOT ACCIDENTS they ARE CRIMES. Manslaughter and assault and battery charges are entirely fitting. I’m surprised, honestly, there is not a murder charge. That is what happened here.

  2. Kidding me? says:

    Are you kidding me Carl? This was NOT an accident. He did not trip over floorboards and have the mug fly out of his hands. This was a series of CONSCIOUS THOUGHT-OUT actions. He CHOSE to confront someone. He CHOSE to act like a “hard-ass.” He CHOSE to act intimidating by throwing a heavy beer mug at someone. What do you THINK happens when you do stupid shit like that? Someone gets hurt, and in this case, someone DIED. As a result of his ACTIONS. This was no accident, and the only thing he deserves is to sit in jail to think about what his actions caused. The loss of a brother, a son, a friend. Whether or not he thought throwing something would hurt someone, he threw it regardless. Actions have consequences. And he should pay for it.

  3. Bill says:

    Seriously Car?? You do realize when you do certain actions you need to think about the possible consequences even if they are far fetched. Did the guy who threw the glass think he was going to kill someone… NO.. But when you make the choice to commit an act that is dangerous (And yes throwing a big thick beer glass is dangerous) you unfortunately need to suffer the consequences once that glass leaves your hand.

    By your logic, what if a person is texting and driving and kills someone. Just because the intention might not have been completely malicious it doesn’t mean it wasn’t a crime.

  4. carl says:

    WOW ITS CRAZY TO EVEN SEE THAT HIS SISTER WOULD SAY SUCH A THING ON HOW IT WASNT AN ACCIDENT IT TRULY WAS SHE NEEDS TO UNDERSTAND HER BROTHER WAS JUST AT THE WRONG PLACE @ THE WRONG TIME SHE CANT EVEN JUDGE WITH OUT KNOWING JUST BECAUSE SHES ANGRY ITS JUST NOT THE RIGHT THING TO DO ESPECIALLY IF HER BROTHER HAD NUTTING TO DO WITH THE ARGUMENT SO WHAT MAKES HER THINK HECTOR MEANT TO KILL HER BROTHER

  5. CARL says:

    WOW ITS CRAZY TO EVEN SEE THAT HIS SISTER WOULD SAY SUCH A THING ON HOW IT WASNT AN ACCIDENT IT TRULY WAS SHE NEEDS TO UNDERSTAND HER BROTHER WAS JUST AT THE WRONG PLACE @ THE WRONG TIME SHE CANT EVEN JUDGE WITH OUT KNOWING JUST BECAUSE SHES ANGRY ITS JUST NOT THE RIGHT THING TO DO ESPECIALLY IF HER BROTHER HAD NUTTING TO DO WITH THE ARGUMENT SO WHAT MAKES HER THINK HECTOR MEANT TO KILL HER BROTHER AND HE NEVER EVEN THOUGHT IT WOULD CAUSE SUCH A THING IM ASSUMING HE DINT EVEN INTENTIONALLY MEAN TO HURT ANY ONE MY PRAYERS GO OUT TO THIS FAMILY BUT ITS WRONG SO SHE SHOULD THINK ABOUT IT

    1. Kidding me? says:

      Are you kidding me? What did this kid think was going to happen acting like a big shot throwing beer mugs in a bar? This was NOT an accident. This was a series of CONSCIOUS thought-out actions. He had the glass, he CHOSE to act intimidating. He CHOSE to take that mug and throw it. He didn’t trip over a crack in the floor and have the glass accidentally fly out of his hand. HE CHOSE TO THROW IT AT SOMEONE. That is NOT an accident.

    2. justice says:

      and carl…..you just sound unintelligent

  6. Roy says:

    very very sad story………life is so tenuos,live everyday to it’s fullest, and don’t cloud your days with negativity !

  7. pete from edison says:

    I agree with Mary. Your new site is terrible. The old one was informative and user friendly, the new one NOT! Looks like a new manager decision trying to impress the boss. Whoever you are you failed.

  8. Mary Havey says:

    I have moved outside of NYC and used to watch cbs every morning. The new set up you have now is awful! The stories get cut off and the screen moves. The old was better and more enjoyable. Please do something I love my NY news!

  9. Maritza says:

    Life have this kind of weird surprises, same happened to a family member, died on same way like this young man, mine was a kid of just 8 years old that was reached by a piece of iron that was cutting somebody near…is hard this…

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