No Bail in Lansdowne Pub Death

A Superior Court clerk magistrate ordered a 25-year-old man held without bail following his arraignment for allegedly throwing a glass that shattered and fatally sliced a stranger’s throat, Suffolk County District Attorney Daniel F. Conley said.

HECTOR GUARDIOLA (D.O.B. 5/8/85) of South Boston is charged with manslaughter for the death of Michael DiMaria, a Hicksville, New York, resident who bled to death at the Lansdowne Pub shortly after midnight on Aug. 14. He is additionally charged with two counts of assault and battery with a dangerous weapon for allegedly injuring two other people with the same glass.

Assistant District Attorney Ian Polumbaum of Conley’s Homicide Unit told Clerk Magistrate Gary D. Wilson that about ten friends, including the 23-year-old DiMaria, had been in the pub for less than two hours and had separated into smaller groups.

“Two people in that group were making their way through a very crowded section of the bar,” Polumbaum said. “One of the people in Mr. DiMaria’s group was bumped from behind by the defendant as the two men made their way in the same direction through the crowd.”

That man turned around and exchanged words with the defendant, Polumbaum said. When he was bumped again, he turned around.

The interaction that followed “did not come to blows, but they did exchange some hostile stares and some words,” Polumbaum said. The two men were soon separated by individuals in their own groups.

“It seemed to be over at that point,” Polumbaum said, “except that after separating from this man some distance of yards, the defendant threw – with what was described as a baseball type overhand motion – a glass” in that man’s direction.

That glass struck one of DiMaria’s friends in the back of the head, causing a gash that required staples to close. A young woman standing near him was cut on the arm and forehead by flying glass.

“From the physical evidence, it appears that the bulk of the glass that the defendant threw continued at a high rate of speed and struck Mr. DiMaria in the throat, at such an angle that a sharp piece that was protruding from what was left of the glass went into his neck and shredded his jugular vein.”

It was in light of uncertainty about the defendant’s true identity that Wilson ordered Guardiola held without bail.

Polumbaum also said Guardiola initially told investigators he “had come from Colombia several years ago.” When his identification was investigated further, however, authorities discovered that he had a United States passport indicating he was a U.S. citizen from Puerto Rico.

Authorities ran an interstate records check, Polumbaum said, which led them to another individual currently in custody in Puerto Rico with the same name, date of birth, social security number, and general description – but with a criminal record and fingerprints that distinguished him from the defendant.

Catherine Rodriguez is the victim witness advocate assigned to the case. The defendant is represented by attorney Albert Hutton, Jr. He is expected to return to court on Jan. 6, 2011.