SalemNews.com, Salem, MA

Local News

February 2, 2012

Jury selection starts in trial over beating death

PEABODY — Jury selection got under way yesterday in the trial of a Chelsea man charged with killing a Peabody father after the two fought about parking outside a Lynn storage warehouse.

Fernando Aristy, 25, is charged with beating Chad McDonald, 34, with a piece of wood during a confrontation in the early morning hours of Oct. 9, 2010, inside the Bennett Street facility where McDonald had been sleeping.

Aristy and McDonald had argued two weeks earlier over Aristy parking a car in a way that hindered access to the driveway, police and prosecutors said.

Aristy had been at a nearby facility with some companions when McDonald showed up, carrying a beer and a "blunt," a cigar filled with marijuana.

The two eventually got into an argument. McDonald armed himself with a screwdriver, and Aristy allegedly grabbed a piece of wood, which prosecutors say he used to beat McDonald in the head.

McDonald, badly beaten, went back to the warehouse, where he went to sleep on an air mattress. When he failed to show up for a scheduled event the next day, a friend went to check on him and found him, conscious but badly injured. He died 11 days later.

The case had been ready to go to trial — in fact, a jury had already been selected — last June when Aristy's lawyer, Ray Buso, raised questions about the arrangement that prosecutors had made to bring a key witness, Wilfredo Mordan, back to the United States to testify at that trial.

Mordan, who had given police the name "Antonio Santos" when he was interviewed after the incident, has been allowed to remain here under an agreement with the Department of Homeland Security until Feb. 10.

Then, Buso's own legal difficulties led to the case being reassigned to a different lawyer. Last month, Buso was allowed to re-enter the case as a privately paid attorney.

Courts reporter Julie Manganis may be reached at 978-338-2521 or jmanganis@salemnews.com.

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