Charges reduced for twins in '05 death of ex-schoolmate

AYER -- In three weeks, prosecutors will present their side of a case that has gripped this small town ever since well-known twins Daniel and Peter McGuane were in a fatal fight with a former schoolmate following the local Fourth of July fireworks in 2005.

The case has many elements for a dramatic trial: Two white brothers accused of fatally beating a smaller black man as the victim walked home with his girlfriend. The accused hail from an established family with strong ties in the area; the victim, Kelly Proctor, 19, was a class president and three-sport athlete at Nashoba Valley Technical High School.

For nearly two years, residents wondered whether the McGuanes would be convicted and sentenced to prison for life without possibility of parole.

But now, in a blow to Proctor's family and supporters, the twins no longer face murder charges. Last week, after defense lawyers pointed out conflicting medical opinions on the cause of Proctor's death, the Middlesex district attorney's office reduced the charges against the McGuanes from first-degree murder to manslaughter. They now face a maximum sentence of 20 years in prison if convicted.

Neither family would talk about the case this week. Proctor's relatives said they made a family decision to not speak to the media about the new charges and the upcoming trial. One said commenting publicly about the accused could hurt the case, from the family's perspective.

Friends and relatives of the McGuanes also declined to comment, saying the media already had tarnished the brothers' reputation by reportedly referring to them as "evil twins."

The twins' lawyers, though, called the reduced charges more appropriate. They said the defendants had acted in self-defense after Proctor started the fight.

"This is where the case should have been all along," said Edward P. Ryan Jr., who represents Daniel McGuane. "The cause of the death, even at this point in time, is unknown or uncertain."

Stephanie Page, Peter McGuane's lawyer, said: "We have always maintained that the young men were overcharged, and that what happened that night was a terrible, terrible tragedy, and nothing more.

"Subsequent investigations show that nobody knows why Kelly Proctor died."

The cause of death is a critical factor when determining whether a homicide is by murder or manslaughter.

Initially, the brothers were charged with manslaughter. But after a state medical examiner determined that Proctor died from a brain injury caused by blunt-force trauma, a grand jury indicted the pair on first-degree murder charges, to which they pleaded not guilty.

A second medical examiner, however, contradicted the original examiner's conclusion. In her review, Dr. Elizabeth Bundock found no hemorrhaging or swelling of Proctor's brain.

Defense lawyers cited the discrepancy, and during a court hearing last week, the prosecutor's office moved to reduce the charges.

"In the normal course of preparing for trial, we reviewed the scope and the infliction of the injuries and the manner of death with the medical examiner's office," said Corey Welford, a spokesman for the district attorney's office. "We determined the appropriate charge to be manslaughter, and we are confident in our case and our ability of success at trial."

There is no disputing that an altercation took place between Proctor and the McGuanes on July 2, 2005.

According to police records, Proctor was walking home with his girlfriend from the Ayer Independence Day fireworks display when the couple encountered the McGuanes. Words were exchanged and a fight broke out between Proctor, described as 5-foot-6 and 160 pounds, and the McGuanes, each over 6 feet tall and more than 200 pounds.

Prosecutors said the twins, 21 at the time, kicked Proctor in the face and head. "Mr. Proctor was so desperate at one point that he crawled underneath an SUV to get away from the defendants," Middlesex Assistant District Attorney Kate MacDougall told a judge several days after the fight. Proctor reportedly was dead about 15 minutes after the fight began.

Ayer Town Administrator Shaun A. Suhoski said the slaying had an enormous impact on the town. Some were relieved no one called the fight racially motivated.

"It was a tremendous tragedy... that affected a lot of good families," Suhoski said. "When I attended the calling hours for Kelly Proctor, I was struck by the outpouring of support from so many people, young and old, black and white. There was a lot of emotion and caring."

The defendants' family is well known locally. Their mother is a nurse, and their father runs a plumbing company. An older brother is a Marine, and they have several cousins in town. They played in soccer leagues as boys, and on the soccer team at Fitchburg State College.

Over the years, police were called to the McGuane home six times to break up fights between the two brothers, one of which involved their mother, according to police records.

Michael Hartigan, spokesman for Middlesex Sheriff James V. DiPaola, said the twins have been held without bail since July 2005.

Christine McConville can be reached at cmcconville@globe.com.