The suspect in an altercation at Sandy Beach on Wednesday night pleaded not guilty to three charges in Framingham District Court on Thursday, including attempt to murder.
Stephen Dana, 70, also was referred to in court documents as Stephen Dion (and as Steven Dana by Hopkinton Police). He pleaded not guilty to the charges of attempt to murder, strangulation/suffocation and assault and battery on a disabled person.
The charges stemmed from an altercation between Dana and a 21-year-old man identified in court documents as Matthew Duffy of Milford. It occurred Wednesday night at approximately 6:55 p.m. at Sandy Beach, located at 1 Lakeshore Drive. Duffy was reported to be walking with crutches due to injuries from a previous accident.
A statement issued Thursday by Hopkinton Deputy Police Chief Scott van Raalten indicated that Dana, a Lakeshore Drive resident, was upset because Duffy was using Lake Maspenock. Lake use is restricted to use by Hopkinton residents only from Memorial Day weekend through Labor Day weekend. The only boat ramp to the lake straddles Hopkinton and Milford.
Judge Michael J. Callahan ruled at a dangerousness hearing Thursday morning that Dana be held in jail without bail. Dana was detained because he was considered to be a danger to the community and could not be safely released with monitoring or other conditions.
Detention hearing Friday
Dana is scheduled to appear in Framingham District Court on Friday morning at 9 a.m. for a detention hearing. He retained private counsel.
If convicted on the strangulation/suffocation charge, Dana faces:
- imprisonment in a house of correction for “not more than 21½ years”;
- incarceration in state prison for no more than 5 years;
- a fine of no more than $5,000.
Dana could also be sentenced to prison time and a fine.
If convicted on the charge of assault and battery upon a person 60 years of age or older or a person with a disability, Dana faces:
- incarceration in state prison for no more than 3 years or in a house of correction for no more than 2 years;
- a fine of not more than $1,000;
Dana could also face incarceration and a fine.
The attempted murder penalty was not detailed in court documents, as it would likely be determined at trial.
Officer: Dana stated he was assaulted
In court documents, Officer Noah Buentello, the first officer to arrive at the scene, detailed his interaction with Dana as Dana was in the parking lot on a bicycle. Buentello, Lt. Aaron O’Neil, Sergeant Cody Normandin and Officer Sean McKeon responded to the report of “a fight between an older male party and a group of younger males.”
Buentello stated that Dana told him that “he was confronting a group of teenagers about riding jet skis on the lake.”
Added Buentello: “Steven stated that he ‘punched’ one of them and they proceeded to throw him into the water and beat him.”
Buentello noted that Dana’s clothes were wet and that his shirt was “ripped around the collar.” Also, Dana, who appeared “calm,” “had some redness on the left side of his face, which he stated was from the fight.”
“At that time, multiple young male parties began running towards the parking lot from the walking path to Sandy Beach,” the officer continued. “As I was the only officer on scene, I told them to remain at the gate to the walking path and instructed Steven to go back to his house and wait for an officer to speak with him.”
Benjamin Osmanovic, 20, a friend of Duffy, reported to Buentello that Dana attacked Duffy and that “the rest of the group had to fight to get Steven to release him.”
Video shows confrontation
Osmanovic showed Buentello a video he took of the altercation.
“The part of the video I viewed showed Steven and Matthew facing off,” Buentello stated.
“Matthew made a comment towards Steven, which prompted Steven to immediately strike Matthew with an open hand slap,” he continued. “Steven struck Matthew on the left side of his face with his right hand, then again on the right side of his face with a backhanded slap. After Matthew was struck, the two parties ended up in the water.
“One of Matthew’s friends punches Steven and backs away,” Buentello noted. “Steven is seen straddling Matthew from above and holding him underwater. It takes Matthew’s friends a couple of seconds to realize what is happening, but they then rush to get Steven off of Matthew.”
Buentello noted that Duffy had scratches on his chest and collarbone, but he declined to seek medical attention.
Upon questioning Duffy, Buentello learned that Duffy had been badly injured in a motorcycle accident a few months prior. Duffy stated that he was deemed disabled after he had been “declared medically dead” but was revived. He sustained multiple fractures to his spine, neck and skull at that time.
Buentello asked Duffy if he had been held underwater, and Duffy confirmed that he had.
Recalled Buentello: “He stated that he was unable to breath and was scared for his life.”
Dana: ‘I don’t care, I’ll take a cripple’
O’Neil and Normandin reviewed the video with Buentello and determined that there was “probable cause for strangulation.”
After Dana was booked at the police station, the officers conducted a second review of the video, according to Buentello’s statement. Dana was shown at the top of a hill telling the group twice that “it’s time to go.”
After shouting back and forth, one friend asks Dana: “Are you going to beat up a cripple?”
Stated Buentello: “Steven states, ‘I don’t care, I’ll take a cripple.’ At this point, Steven is inches away from Matthew’s face asking ‘What’re you going to do, big boy?’ as well as other insults.”
Duffy was called to the station, where pictures were taken of his injuries. Witness also spoke with officers at that time and provided written statements, which were included in the 23 pages of court documents.
“Matthew had redness on both elbows, as well as abrasions to his chest, left collarbone, and lower back,” stated Buentello. “There were also marks on the left side of his neck that appeared to be finger impressions from where a hand had grasped him.”
Sergeant confirms attempted strangulation, submersion
Normandin provided a statement that confirmed Buentello’s account of the event. He noted that Buentello had been interviewing a group of males age 18-21 when he arrived.
Normandin asked Duffy at the police station if he was being strangled or held underwater. Duffy replied “Both.”
This statement led to the booking of Dana on attempt to murder and attempt of strangulation/suffocation charges.
Normandin took pictures of Duffy’s injuries with a department-issued cell phone in the police station lobby. He also received a copy of the video, which he stated that he attached to his incident report.
Duffy: ‘I’m really glad they got him right away’
A WBZ-TV report Thursday night shared comments from Duffy about the incident.
“He tackled me into the water, then we were fighting, and then he shoved my head under and was not letting me breathe until my friend came up and pulled him off me,” Duffy said. “I just knew I couldn’t use either of my arms or my leg as they were both broken, and I was just praying that he let go or my friends pull him off of me.”
Added Duffy: “I’m really glad that they got him right away. He did say that he lived by the lake and he was very annoyed with jet skis for some reason. A lot of people think they should be banned even though we don’t bother people.”
[Editor’s note: This story has been updated to remove two statements from a WCVB-TV report. The first indicated prosecutors saying Dana had an “extensive criminal history.” According to Friday’s hearing, that is not accurate. The second was comment from a resident who fishes at the lake. The resident indicated to the Independent that the comment he made was not in reference to the suspect and thus should not have aired as part of the WCVB report.]
Just to clarify, the quote attributed to me was not about the individual who was arrested. I was asked whether I’d ever had any confrontations at the lake, and I described a separate encounter with a different person. The reporters showed me the arrested individual’s photo, and I specifically stated that it was not the same person. Unfortunately, the way the clip was edited made it seem otherwise. I don’t know the person who was arrested and wasn’t commenting on him.
That’s a very serious mistake. You should probably reach out to Mary Ellen Gambon, as she is on the byline for this story.
It’s not that serious
Steven Dana is a criminal and needs to be prosecuted to the full extent of the law. If it wasn’t for his friends, Duffy would be at the morgue right now. Steven is a psychopath!
That’s not true Lane…i was there and you specifically said you knew that old geezer and that you were tired of him harrassing people at the lake, stealing their clothes while they swimming and physically attacking people and their service animals. When the reporter showed you the picture, you said “I’m tired of that ornery ole son of a biscuit eating bulldog” before putting your hand on your heart and humming Taps before shouting “Let’s go Bruins!”. I swear this happened…i swear it as the day is long.
Thankful there’s video to back up the victim.
The part that reads “ “Matthew made a comment towards Steven, which prompted Steven to immediately strike Matthew with an open hand slap,”, implies that the younger man’s comments prompted Dana to strike. No, he struck and tried to drown because he was out of control.
Yeah, Tim Wilson, it is. 🤦🏻♀️ Have you not seen the video? Dana is going away and he deserves everything that’s coming his way. Guy is a nut job.
Tim’s reply is referring to the “error” mentioned in the first comment/post. The local resident said his comments were edited to sound like he was talking about the suspect when he was actually referring to another resident. Tim was saying the “error” was not that serious. Not the crime committed.
Can the article please publish a retraction and correction of Lane’s comments regarding the accused?
It is incorrect and misleading.
Lock him up for the rest of his miserable life.
Dana is clearly unhinged over something so trivial. He needs anger management.
I can’t believe they let this lunatic out on a $7500 bond. Absolutely no concern for public safety.
Stephen Dana speaks for all of us when he slapped that obnoxious kid. There’s a whole generation of kids doing whatever they want whenever they want. . They don’t care about disturbing others or stepping on peoples’ toes. Dana proved that when it comes to physical confrontation, the pack rats are cowards. It was probably a mistake to pounce on the kid in the water but Dana offered no resistence when Duffy’s friend’s pulled him off. He could’ve easily drowned the kid but he held back and he got off him voluntarily. As older people all we want is peace, not dealy with noisy, obnoxious jacka**es who not only have no respect but don’t know or care what respect is, thanks to their corrupt parents..
Thats such a thoughtful reply. Yes anyone that’s annoying and noisy deserves to die. He was so brave taking on a kid that was disabled and couldnt defend himself. What a hero for elderly folks. Youre hilarious. Go drown yourself spineless coward.
Erik, I bet you hit your wife and kids too if they do anything to cross you. If you were even able to keep your fragile ego intact long enough to have a family. You sound like a stellar human being.