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On July 2nd, 2005, Mixed Martial Arts Fighter Dan McGuane beat 19 year old Kelly Proctor to death outside the ring.
RIP Kelly Proctor
On November 16th, 2012, Dan McGuane is being paid to compete as a fighter on national television. Ayer residents, anti-bullying advocates and even fight fans nationwide are calling for the ban of this "man" from fighting for a living. His violent history is being rewarded and we will not stand for this. Please share this site on Twitter, FaceBook or anywhere else you might feel we can get the word out.
Violent reputation follows twins. After Ayer killing, residents recall a history of intimidation and resentment.
Those ''tough guys" made headlines this month when they were charged with murdering a 19-year-old former football star who happened across their path after the town's Independence Day fireworks on July 2. Kelly Proctor, a former schoolmate of the McGuanes, was allegedly kicked to death as he tried to crawl under a truck to escape his attackers.
Daniel and Peter McGuane were found guilty of involuntary manslaughter with "wanton and reckless conduct and battery" for the 30-second fight during the Ayer fireworks festivities on July 2, 2005.
Proctor died of a fatal concussion. The 2004 Nashoba Valley Technical High School graduate was a popular high-school athlete who lettered in track, football and basketball. His nickname, "Dr. Proctor," was inscribed on his class ring, friends and family said.
Conversely, the McGuane brothers had a reputation for bullying and harassing their peers, according to prosecutors.
The McGuane family has lived in Ayer for generations. The gymnasium at Ayer High School is named after Paul W. McGuane, the twins' grandfather, who served on the town's school committee from 1933 to 1963. A cousin of the McGuanes is married to a town selectman. A police detective is married to a second cousin of the twins. Paul McGuane owns a plumbing and heating business.
The twins were both standout soccer players in local youth leagues and played at nearby Fitchburg State College.
They also were known for aggressiveness off the field.
Assistant District Attorney Kate MacDougall, appealing to a judge to hold the McGuanes without bail, said police had been called to their home at least six times for domestic disturbances in which the brothers were "beating each other, beating each other bloody." They were ordered held without bail.
Court hearings for the McGuanes have been packed with Proctor's friends, as well as the McGuanes' parents and their supporters. They've also drawn other parents who said they had previously complained to police about the McGuane brothers beating up their children.
A jury convicted the defendants, Peter McGuane and Daniel McGuane, of involuntary manslaughter of the victim, Kelly Proctor, on theories of both wanton or reckless conduct, and by battery. On appeal, the defendants argue that the judge erred in failing to instruct the jury as they requested on the defense of accident. In addition, Daniel contends that the judge erred in failing to provide the jury with an instruction on defense of others, and improperly admitted in evidence a prior bad act committed by Daniel against the victim several years prior to the killing. We affirm.
Facts. The jury could have found the following facts. The victim and the defendants, twin brothers two years older than the victim, did not have a good relationship. The parties grew up in the town of Ayer. At some point between 1998 and 2000, when the victim was in middle school, Daniel grabbed the handle bars of a bike the victim was riding, and slapped him in the face. After that, there were instances when the victim and the defendants “trash talked” to each other, and the defendants called the victim a “bitch.” At the time of the incident that led to his death, the victim was five feet, eight inches tall and weighed approximately 155 pounds.2 Each defendant was approximately six feet, four inches tall and weighed nearly 200 pounds.
On the evening of Saturday, July 2, 2005, the victim and his girlfriend, Jayme Rotondi, watched part of the town of Ayer's annual Independence Day fireworks at Pirone Park, but left early to avoid the crowds at the end of the display. As they left the park, the victim and Rotondi passed a group of at least six people walking toward the park. The group consisted of the defendants, Greg Shultz, an exchange student from Denmark, who was approximately the same size as the defendants, Brandi Livingston, Mary Papalucas and Sara Jones. Rotondi noticed one of the defendants staring at her; she smiled, then heard someone laugh. The victim stopped and asked Rotondi, “What are they laughing at?” Peter left the group and walked back toward the victim and asked, “Did you say something? Do you want me to beat your ass in front of your girl?” Papalucas positioned herself between Peter and the victim and said to Peter, “Don't do this, let's go.” At that point, Peter reached over Papalucas's head and, with an open hand, slapped the victim across the face, knocking from his mouth a straw on which he had been chewing. After Peter slapped the victim, Daniel joined in the attack. Both defendants punched the victim several times. The victim began crawling, trying to escape the assault.
The fight gradually moved from the street to the curb, then onto the sidewalk, where the defendants forced the victim back up against a sport utility vehicle (SUV). Rotondi, in an attempt to break up the fight, jumped onto Daniel's back and scratched him, tearing his blue polo shirt. She was pulled off Daniel by Papalucas, who also tried unsuccessfully to break up the fight. One of the defendants shoved Papalucas and Rotondi aside, then Daniel kicked the victim in the chest. The victim fell to the ground and ended up under the SUV. The defendants walked away, leaving the victim under the SUV. As he left the scene, Peter said, “What do you have to say now?”
The victim remained under the SUV, lying on his chest, with blood coming from his nose. His breathing was labored. Papalucas told the victim it was okay to come out from under the SUV, but he was not responsive. She and some of the defendants' friends, who remained at the scene, pulled the victim from under the SUV. The victim was unconscious and his eyes were open but rolled back in his head. Rotondi called 911.
When Ayer police Officer Terrance McSweeney arrived, the victim was lying on the ground unconscious and not breathing. His facial hair was covered with blood, sand and grit from the road. There was also some blood on his head and face. McSweeney radioed for help and began cardiopulmonary resuscitation attempts. Emergency medical technician Jeffrey Swenson arrived and intubated the victim. The victim's heart stopped, and three attempts by Swenson to revive him failed. The victim was pronounced dead shortly after arrival at Nashoba Deaconess Hospital.