Robert Demaio is twenty nine years old and homeless. He admittedly has problems with alcohol and anger management. Last Friday Demaio beat up another man in a Beverly, Massachusetts park causing him to suffer sever brain damage. The victim is a fifty one year old Lynn, Massachusetts man who authorities say is likely to die from the injuries he suffered in the beating. Demaio has been charged with assault and battery causing serious bodily injury. The criminal case is currently pending in the Salem District Court. Bail has been set in the amount of $100,000. When the police encountered Demaio they observed his hand to be swollen, consistent with having punched someone.
Massachusetts General Laws Chapter 265 Section 13A makes assault and battery a crime in Massachusetts. The law states that anyone who commits this crime and causes serious bodily injury while doing so is guilty of aggravated assault and battery. A conviction of this offense can result in up to five years in state prison. However, if the victim dies from the injuries Demaio is likely to face more serious charges such as manslaughter or even murder. If the injuries to the victim are as serious as reported I would not be surprised to see this case indicted to the Superior Court in Essex County. Given that Demaio has a history of violence a superior court prosecution is a likely scenario.