Hopkinton resident Steven Dana (in handcuffs) appears in court for a detention hearing related to attempted murder charges on June 5. PHOTO/NICK SCHOFIELD
Hopkinton resident Steven Dana was released on bail Friday afternoon after a Framingham District Court judge deemed the commonwealth had not met its burden of proving the defendant was a danger to the community.
Friday’s detention hearing was intended to determine whether the 70-year-old posed a risk to other parties in his case and the community at large. Dana was arrested Wednesday and charged with attempted murder after allegedly assaulting and strangling 21-year-old Milford resident Matthew Duffy at Sandy Beach.
Dana pleaded not guilty in court yesterday and was held for Friday’s detention hearing.
“There were many factors that should have disincentivized the violence the defendant chose,” said Middlesex County assistant district attorney Elyse Wyatt. “He was not deterred.”
Wyatt submitted several pieces of evidence to judge Michael J. Callahan during the hearing that, she argued, supported the commonwealth’s request to hold Dana without bail. These included witness statements, photo packets of injuries Duffy received during his altercation with Dana and a strangulation assessment.
Wyatt also screened two video clips for Callahan with footage of the incident. The first, a five-minute long GoPro video taken by witness Benjamin Osmanovic, showed the moments leading up to the fight between both men and their subsequent struggle in the water.
Dana can be heard on the video telling the group of young men at Sandy Beach to leave the area. Duffy and Dana exchange words before Dana is seen slapping the 21-year-old and landing on top of him in the water. Duffy’s friends pull Dana off him moments later.
The other clip — taken from a CBS News report — showed another angle of the altercation.
In her argument, Wyatt claimed that Dana sought out confrontation with the men and chose to escalate the conflict. She said that despite the fact the individuals were not known to each other, the defendant “still felt it necessary” to seek out a fight.
“His behavior was disproportionate to the argument that was happening,” she concluded.
‘Series of provocations’ instigated conflict
In his remarks to the court, defense attorney David Grimaldi did not dispute the events on the GoPro video, but attempted to characterize the footage differently. He entered evidence from Facebook into the record that spoke to longstanding disputes over jet skis at Lake Maspenock. He pointed to a line heard on the video from one of Duffy’s associates that suggested the men knew they might not be welcomed at Sandy Beach.
Grimaldi also said there were a “series of provocations” that started with the jet skiers that led to the situation escalating.
“ ‘You’re not going to do [expletive]’ is a provocation,” said Grimaldi, referencing something Duffy said on the video. He also called out the moment just before Dana slapped Duffy, where the 21-year-old made a profane insult targeted at the older man.
Another point Grimaldi took to task was the commonwealth’s claim Dana had lied to police in his statement. He said his client willingly spoke to Hopkinton Police and spoke to officers truthfully. He contrasted this with testimony from the witnesses and Duffy, stating that the second video clip Wyatt showed was only given to the media and not handed over to the commonwealth as evidence. Grimaldi inferred the reason for this was because it showed things less favorable to the witnesses’ side of the story.
Grimaldi questioned the drowning accusation, claiming the shallow area Dana and Duffy fought in was only ankle deep. “What Matthew Duffy doesn’t say is ‘You tried to drown me,’ ” Grimaldi said.
He then reviewed Dana’s history, describing his lack of criminality and life as a husband and father, along with a long work history in sales before retirement. He noted that the commonwealth had asserted a criminal history and aliases attached to the defendant the day before that were not accurate.
Callahan confirmed Dana had no previous criminal history or aliases, as had been reported previously.
The defense attorney submitted into evidence 14 letters of support from his client’s family and friends, many of whom were in the courtroom.
Added Grimaldi: “I am very doubtful this [case] will be presented to a grand jury and be indicted.”
Judge sets bail, conditions
After a brief recess, Callahan reviewed the facts as they had been presented. “The legal standard is whether this 70-year-old man is a danger to the community and/or individuals,” he explained.
While Callahan acknowledged the video of the altercation was “concerning,” he said he needed to balance that with Dana’s lack of criminal history, support from his character witnesses and “being an upstanding member of the community” for 70 years.
“You get credit for that,” the judge said.
Prior to Callahan’s decision, Wyatt had requested that if the court were to grant bail that it do so under strict conditions. She asked that Dana’s bail be set at $50,000, he have no contact with Duffy and be required to wear a GPS tracker. “The commonwealth has very serious safety concerns for the witnesses,” she explained.
Callahan ruled the commonwealth had not met its burden for proving dangerousness. He set bail at $7,500 and ordered Dana to have no contact with Duffy or the other witnesses. The judge also required the defendant to stay away from Sandy Beach and be banned from possessing firearms.
A probable cause hearing was set for July 13.
Video proof of a man attempting to drown an individual and bail is set to the same price as a used car? I am embarrassed by the justice system of the country I fought for. I am embarrassed by my home state.
Time to fight against it.
I hope he’s sued and loses his lakefront home…..
MUCH less than a used car.
It isn’t the country… it’s the state and the political party who runs it!
No one seems to mention Matt Duffy was illegally using the locals only boat ramp
So that is a reason to be attacked? Didn’t your mama teach to keep your hands to yourself.
Maybe his momma should taught him respect ur elders and follow rules ….or even don’t poke the bear
Or maybe punching other people is wrong regardless of whether you live near the lake. Dana does not own the lake and stupid 70 year olds who act like this deserve the boot up the ass.
Please God tell me you are just joking! A Boat Ramp being used illegally or not isn’t any justify for Holding your super fat body on the head & neck of. Individual forcing it underwater. You definitely sound like you either know him or you are over the age of 50. They should have beaten that old due until he needed medical attention doing what he did. I would have supported that 100%.. Old people Crying over Lakes, Property,Boat Ramps sounds like a Horrible life. I hope he is sent to prison for the 10-15yrs he has left on Earth. I would have shot him to get him off or at least stabbed him
Has zero bearing on what the attacker did. Just because someone is using a boat ramp in your neighborhood that they aren’t really supposed to be using, it does not give you the right to physically attack them.
Wrong. The boys were there as guests of a Hopkinton and Lake Maspenock resident.
So he deserved to be assaulted and nearly drowned?
I might be wrong but I think physical assault is a bigger crime than using a boat ramp. Maybe let’s keep perspective
He was there with a local resident. I’m sure that’s ok
That does not give you the right to try and kill somebody. You should call the police and let them enforce the law! The old man definitely needs anger management.
They did mention one of his friends is a resident.
So does that justify tring to drowned him?
First, you don’t know that, one of the other kids could be a resident. Second, call the police, he had no right to put his hands on another person. He should be charged and convicted with that video. So the kid was mouthy, you still do not touch another person.
Let’s go drown him for it. Makes logical sense
I guess he should have drowned, is what you’re saying.
So he should be attacked and drowned. You call the police idiot not someone on crutches
According to Duffy and his friends, one of the friends lives in the community. Even if that’s not true, you don’t lay your hands on people, you call the police.
You re right. You know why? Because it doesn’t matter at all.
It was mentioned in other news sources, Matt Duffy was a guest of a land owner, resident on the lake. If true, shoukd he have had his guests just visit, stay in the home/cottage while the homeowner accesses the boat ramp at the lake? Use your brain. The kid was a guest and likely helping his friends launch a jet ski or boat.
The guy attempted to murder a young man who was disabled and on crutches. Minimum 30 years so he dies in prison.
I just want to say, if anyone has had a broken leg it’s almost impossible to pop right up from being on the ground. Where was his cast? Being a Hopkinton resident that is dealing with these punks from out of town that destroy Echo Lake with camp fires and trash I can see how frustrated Mr Dana was. I’d like know more about Matt’s “motorcycle”accident. Too many disrespectful punks out there that don’t respect laws and are not held accountable. Good luck Mr Dana,, we are all pulling for you.
Do you think there might have been any other way Dana might have responded? Or you think assaulting him and holding his head underwater was his only option?
No actually we are not. You cannot justify citizens trying to enforce laws through assaulting people!!!! The guy should have called the police like he says before he walks down that hill and messed up his entire life. I hope he rots in jail like the animals he is
I agree with you. This older gentleman has had enough. It is sad that he was pushed to this point by what has been probablu many situations of highly disrespectful young ADULTS and young non adults who certainly know that place is private but decide to do as they please and find great joy in provoking these older residents who desire peace. Mr. Dana has worked his whole life and deserves to NOT be provoked by this younger generation who are very entitled to do as they please and proven here by this young man cursing in Mr. Dana’s face. I am a floridian, live in florida. Our entire state is being over run by this kind of problem as presented here by these entitled punks with “daddy’s boat”.
He bought a house ON A LAKE!
All the Karens coming out in full force. You probably root for ICE too
Yes we do
The”Punks” included a resident. They were there legally. They had been frequently harassed by an Entitled Bully acting like the Troll of the ramp. He told them to leave. What Steve Dana deserves is a 30 years sentence for attempted murder. Just looking at him crouching down to get face to face and then hitting him twice. The guy is dangerous. The $7500 bail was offensive.
You are by a long mile the most wretched soul. I bet you think you’re Christian too. Advocating unaliving a kid who made a mistake is worth being drowned is filthy and diabolical and I wish you stife til the end of your miserable hate filled life.
He is my buddy.
I am not sure if true or.nit but several places it is said that at.least.one of the young men lived in the area. I am sorry but if Dana had just called the.police and stayed at his house the young men couldn’t have mouth off and Dana would not have show. He had no self control.
Thats my nephew I’m 66. Steve I’m 240lbs, 10% body fat and 6 1. I boxed and MMA for 30 years. Im coming for you.. I’m not gonna slap you. You picked on the wrong kid.
Please do this for me as well. That guy deserves everything bad coming his way
Yeah right.
Good deal, rocky! That stupid old fart needs to be put in his spot! People don’t learn by time outs, they learn by getting their ass kicked!
Must be good to be white.
yes
It’s amazing
This judge sounds like a biased POS to be honest. Oh, so this was only his 1st attempted murder! Well, if you guys had said that! Would’ve totally justified the entire interaction of policing a boating dock like it’s your own, not calling the police to see if what they’re doing is even illegal, assaulting a person in crutches, then holding the injured person under water before others had to ultimately pull you off of him. But dude, it was his first time! $7,500. The judge might as well say, “Not Guilty” now given his complete lack of concern for the case or community’s safety. Keep in mind, he did that bs to a complete stranger. What happens when he gets cut off on his drive home? PIT the car and set it and the occupants on fire? But I mean, that would only be his first time doing THAT, so probably another $7,500 bond since he’s white and he got reference letters. BS. F-ing BS!
So if I don’t have criminal history I can attempt to murder someone without any consequences? Nice
It sounds like the judge and the defendant’s attorney may need to brush up on their first aid courses. It is possible to drown in as little as one inch of water, so it is certainly possible to drown in “ankle-deep” water. It is possible to die from dry drowning for up to 48 hours after being in any struggle in the water. That said, Mr. Dana is also older. Acting in a violent and aggressive way is often a sign of advanced dementia or other health problems, like a UTI. In my opinion, if Mr. Dana is acting this way, he should be receiving medical care and should no longer be behind the wheel of anything motorized.
There is so much bias involved. Bravo to the judge and the DA’s office.
There’s a problem with 15-18+ year olds now. You read about beach takeovers. You read about e-bike problems and police (new story in Attleboro). I witnessed a scene at a store where there were two kids that age misbehaving, kicking around a soccer ball and goofing around. Kids that age are the “Jacka** generation.” They were not taught how to behave in public places. They are just like their corrupted parents…rich and selfish, not concerned with bothering others.
I’d like to know how that kid broke both of those legs. Probably a jacka** stunt. I think the resounding slap was well-deserved but the pounce was a bit too much. But these kids take pleasure in having their own way and annoying others. I applaud the 70 year old marine for the resounding slap. He should’ve gotten one long ago.
This whole incident was completely avoidable at so many points. The young men should not have been congregating in the area immediately next to the swim area where it is clearly posted that no boats or PWC should be accessing the shore there. It was reckless and dangerous. The police were at the beach about an hour before this incident ticketing the people without parking passes. I’m pretty sure the young men got a ticket for no parking or trailer pass. If only they had said something to the young men at that point. Dana should have called the police out there again if he thought they were doing something wrong. Both men should have had reasonable conversation instead of shouting at each other. And Dana never should have laid a hand on the young let alone slapped him and wrestled him into the water. At no point did any of the observers try to de-escalate the situation. The whole episode is an example of how not to be a good neighbor or a good man. It’s all awful.
AT – you hit the nail on the head. It’s all just bad behavior that ruins things for everyone.
I think the town should consider changes to the types of watercrafts that should be allowed on the lake and restrict the hours a bit to cut down the noise of the jetskis in people’s backyards… Maspenock is small, rocky and shallow. It’s just a matter of time until someone breaks open their skull on a rock.
that old guy was out to kill.
Sue Steve Dana into oblivion. When he gets out of jail he’ll have to go live in a dumpster.