71-year-old charged in alleged attempted drowning case

NBC News posted a YouTube video titled “71-year-old charged after alleged attempted drowning.” Boston 25 News reported that the case began June 3 at Lake Maspenock in Hopkinton, where police said a verbal dispute over resident-only beach access turned physical: Steven Dana struck 21-year-old Matthew Duffy of Milford in the face twice, both men fell into the water, and Dana then straddled Duffy, put his hands around his neck and held him underwater for approximately 10 seconds before bystanders pulled Dana off. NBC10 Boston legal analyst Michael Coyne said a second-degree attempted murder charge can carry up to 20 years in prison.

“It’s a very serious charge with very serious consequences,” Coyne told the station.

NBC Boston, in reporting by Mary Markos and Marc Fortier, said Dana of Hopkinton was charged after the confrontation with attempted murder, strangulation/suffocation and assault and battery on a disabled person. The station described him as 70; Boston 25 News and the YouTube title give his age as 71. Duffy was on crutches from a motorcycle crash months earlier, NBC Boston reported. Police said at the time that Dana had confronted Duffy and his friends over their use of the lake. A Middlesex County grand jury later watched video of the incident. Duffy, called as a witness, told NBC10 Boston he was asked if he could breathe. “I definitely couldn’t breathe when I was under the water,” he said.

The Hopkinton Independent, citing court records, filled in the earlier sequence police described. The dispute centered on Duffy and his friends using Lake Maspenock, also called Sandy Beach, when they were not Hopkinton residents. After an exchange of words, Duffy allegedly delivered a profane insult. Dana responded by slapping him. The fight ended with both men in shallow water and Duffy claiming Dana held him under. Hopkinton police charged Dana with attempt to murder, strangulation/suffocation and assault and battery on a disabled person. He was released on $7,500 cash bond after arraignment at Framingham District Court and ordered to have no contact with Duffy or other witnesses, the Independent reported.

Dana’s attorney, David Grimaldi, spoke at a June 5 dangerousness hearing. He said he was doubtful the case would be presented to a grand jury and be indicted, the Independent reported. Indictments were returned anyway. The Independent, checking the Massachusetts Trial Court case portal, said the grand jury charged Dana with attempted murder and strangulation/suffocation, upholding two of the original felonies, while the third count came back as misdemeanor assault and battery, a downgrade from the felony assault and battery on a disabled person police filed in June because Duffy was on crutches. The case moves from Framingham District Court to Middlesex Superior Court. Boston 25 News said Dana is set for arraignment there on Oct. 19 at 10 a.m. NBC Boston said a date had not yet been set. NBC Boston reached out to Dana’s attorney for comment and did not hear back.