No bail for suspect in Lynn murder

SALEM – The man charged in the beating death of a Peabody father of two, in connection with what prosecutors say was a parking space dispute, remains held without bail at the Middleton Jail.Fernando Aristy, 24, of 59 Burma Road, Chelsea, appeared at his arraignment Wednesday morning showing no emotion as he entered his innocent plea in a firm voice to charges of first-degree murder, assault and battery with a dangerous weapon, causing serious bodily injury and assault and battery resulting in serious bodily injury in connection with the death of Chad McDonald Sr.McDonald, 34, of 4 Cashman Road, Peabody, was severely beaten during a confrontation in the early morning hours of Oct. 9 in front of a warehouse, Jim Appleyard Bonded Storage, located at 37 Bennett St., Lynn.Assistant District Attorney Maureen Wilson-Leal, who insisted that Aristy be held on no bail pending his trial, maintains that Aristy struck McDonald in the face and head with his fists and a two-by-four during the incident. McDonald died 11 days later on Oct. 20 as a result of his injuries.Wilson-Leal told Judge Timothy Q. Feeley that Aristy had been hanging out with friends on Bennett Street at an auto body shop drinking and playing dominoes earlier that evening.The owner of REM Auto Body and Paint, Juan Delrio, told authorities that McDonald came by to say hello that night, then left carrying a beer and a marijuana cigarette.Wilson-Leal explained that there is a fence between the two businesses and that Aristy had a history of blocking McDonald’s entrance with his white Jeep.A confrontation began between McDonald and Aristy. McDonald grabbed a screwdriver and he and Aristy went down to the ground with McDonald on the bottom, she said.Witnesses told authorities that they heard two different sounds, five or six times, and that Aristy “had the upper hand.”The confrontation lasted roughly two minutes, Wilson-Leal stated, before witnesses pulled Aristy off the Peabody man and insisted he leave the scene. McDonald, who got up and managed to stagger back into his workplace, where he had also been temporarily staying, at about 3 a.m., according to the prosecutor.Witnesses testified at the grand jury that while driving back to Chelsea, the defendant urged his driver and friend, Antonio Santos, to take him back to the scene to “keep fighting,” but he refused.McDonald had arranged to meet a worker and friends that next morning for a yard sale on Alley Street at about 8:30 a.m.When he did not appear, a woman, Kellie Boyd, sent him a text message. McDonald’s reply was garbled.Boyd went to the warehouse later with a fellow co-worker and found McDonald bloody and bruised, eyes swollen shut, lying on an air mattress.McDonald, who apparently had no idea how badly he had been hurt in the fight, refused to go to the hospital, because he had no health insurance. Boyd nevertheless called 911.Police responding to the scene immediately called for an ambulance, which took McDonald to the North Shore Hospital, where he was air-lifted to Massachusetts General Hospital in Boston. He died there on Oct. 20.The autopsy report indicates McDonald’s cause of death was due to blunt force trauma to the head with injuries to the skull and brain, Wilson-Leal said.”This is a first-degree murder case ? He (Aristy) left Mr. McDonald for dead,” Wilson-Leal insisted.But defense lawyer Raymond D. Buso insists the case likely is a “manslaughter” case and that it was the victim who was the “aggressor,” as he asked that the judge impose either a $10,000 or $15,000 cash bail.He explained that his client is hard working, has roots in the community and comes from a family of little means.The question here is “who initiated the fight,” Buso said, as he told Feeley that his client “absolutely denies” he used the two-by-four, “he only used his fists.”Buso maintains that McDonald got up after the incident, was moving and went into the building where he made himself a bed.”He was under the influence, as he has bee