Caceres guilty of manslaughter; Jury returns verdict in 2006 death at Denny's.
WORCESTER - Maico R. Caceres was found guilty of involuntary manslaughter yesterday in the death of Jose L. Alvarado during a brawl in Denny's restaurant on Lincoln Street two years ago.
A Worcester Superior Court jury of seven men and five women deliberated for nearly nine hours over two days before convicting Mr. Caceres of involuntary manslaughter, assault and battery with a dangerous weapon (chair), and assault and battery in connection with the Oct. 15, 2006, altercation, which led to Mr. Alvarado's death from sudden cardiac arrest.
Mr. Caceres, 23, of 12 Beaver Brook Parkway, is scheduled to be sentenced Dec. 5. Judge John S. McCann ordered that Mr. Caceres remain in custody without bail until the time of sentencing.
Mr. Caceres and three co-defendants were charged with murder in the death of the 36-year-old Mr. Alvarado, a father of two who lived in Marlboro. The jurors in Mr. Caceres' case found him guilty of the less serious charge of involuntary manslaughter, which carries a maximum sentence of 20 years in state prison.
Involuntary manslaughter is an unintentional killing resulting from willful, wanton or reckless conduct. The jury's verdict options on the murder charge were not guilty, guilty of first-degree murder, guilty of second-degree murder, guilty of voluntary manslaughter, or guilty of involuntary manslaughter.
Prosecution witnesses testified during his seven-day trial that Mr. Caceres slapped Mr. Alvarado in the face and hit him in the head with a chair during a fight that erupted in the restaurant at 494 Lincoln St. about 4 a.m. Oct. 15, 2006. Witnesses said Mr. Alvarado, his brother, Joseph Pena, and two women they were with were leaving the restaurant when words were exchanged between them and a group of four men that included Mr. Caceres.
A fight immediately followed, according to the witnesses.
Mr. Alvarado, who had health problems that included an enlarged heart and coronary heart disease, died after suffering an irregular heartbeat and sudden cardiac arrest. The prosecution contended the physical stress resulting from the injuries he suffered during the altercation precipitated his fatal heart failure.
The defense maintained Mr. Caceres acted in self-defense and that Mr. Alvarado's cardiac arrest was unrelated to anything Mr. Caceres might have done. An expert witness for the defense testified there was no way to determine whether the onset of Mr. Alvarado's heart failure occurred before or during the altercation.
The jury acquitted Mr. Caceres on a charge of assault and battery with a dangerous weapon (shod foot) on Mr. Alvarado and a charge of assault and battery on Mr. Pena.
Assistant District Attorney Lawrence J. Murphy moved for sentencing after the verdicts were returned, but Judge McCann postponed the sentencing hearing until Dec. 5 at the request of Mr. Caceres' lawyers, Louis P. Aloise and Michael C. Wilcox.
Still awaiting trial in the case are Mr. Caceres' brother, Armando D. Caceres, their uncle, Luis Z. Bravo, and another Worcester man, Carlos H. Terreros.
CUTLINE: Mr. Caceres
NOTE: 2006 INCIDENT
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|Title Annotation:||LOCAL NEWS|
|Publication:||Telegram & Gazette (Worcester, MA)|
|Date:||Nov 21, 2008|
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