By Emily Sweeney, Globe Staff
Matthew R. Nagle was stabbed in the neck on July 3, 2001, and spent
the last six years of his life in a wheelchair. After he died last
July, prosecutors said they would consider pressing murder charges
against his attacker.
And now they are - in a move that some legal analysts say is unusual, but not without precedent.
Last week, a Norfolk County grand jury indicted Nicholas M.
Cirignano on a charge of second-degree murder. Cirignano - already
serving nine to 10 years at MCI- Norfolk for stabbing Nagle - now faces
a charge that could keep him in prison for life.
He is expected to be arraigned in the next few weeks, according to
David Traub, spokesman for the Norfolk district attorney's office.
The decision by Norfolk District Attorney William R. Keating to
pursue the murder charge so long after the incident makes the case high
profile.
"It is very unusual," said Peter Elikann, a Boston criminal defense
attorney and a member of the Massachusetts Bar Association's criminal
justice section. "We rarely hear about any cases like this. . . . It's
almost unheard of."
Generally speaking, proving that a death was caused by injuries sustained years ago isn't easy, he said.
"Good defense counsel can come up with all kinds of reasons why
something else caused a death years later," he said. "It could be very
difficult for a prosecutor to show there's a direct link."
Prosecutors will have to prove that Nagle's death was caused by the
stab wounds he received during a fight at an Independence Day
celebration at Wessagusset Beach in Weymouth on July 3, 2001. The knife
severed Nagle's spinal cord and left the 21-year-old former Weymouth
High football star paralyzed from the neck down and unable to breathe
without the help of a Ventilator.
Nagle spent the next six years in a wheelchair and volunteered to
participate in several groundbreaking medical studies. Last July, Nagle
contracted sepsis, a blood infection, and slipped into a coma. He died
at Good Samaritan Medical Center in Brockton on July 23, 2007. He was
27 years old.
Cirignano, who was 20 years old at the time of the stabbing, was
convicted in February 2005 of assault with intent to kill and assault
and battery with a dangerous weapon. Cirignano was sentenced to nine to
10 years in state prison. Prosecutors had sought a longer sentence of 9
1/2 to 10 years for each count.
According to Keating, an investigation by the state medical
examiner's office found that Nagle's injuries from the 2001 stabbing
"were the eventual cause of his death in July 2007."
"Although it is not commonplace to be able to bring a murder charge
when the victim has lived for several years after the attack, it is
also not unprecedented in Massachusetts or elsewhere in the country,"
Keating said in a prepared statement, after the indictments were
returned June 4.
Keating's office pointed out an incident in 1993 in which Crispulo
Rodriguez, an inmate at MCI-Cedar Junction in Walpole, stabbed another
inmate in the chest and leg. After the victim died six years later,
Rodriguez was convicted of manslaughter.
For Nagle's case, "the issue will be, why did he die, and what role
did the stabbing play in his eventual demise," said David Rossman, law
professor and director of clinical programs in criminal law at the
Boston University School of Law.
"It's not often the case that somebody dies so long after the
initial injury," said Rossman. "Unless he had been getting continual
medical treatment for his injuries, it's going to be difficult."
According to Rossman, the case is unusual, but not unheard of.
"In terms of legal doctrine, it's pure, in terms of the law," he said.
Dr. Jon Mukand, who treated Nagle and is writing a book titled "At
Knifepoint: Brain Implant, Stem Cells, and Matthew Nagle's Quest for
Recovery," believes Nagle's death was a result of the severe stab
injuries he received.
Patients with spinal cord injuries so severe that they cannot
breathe on their own have very high mortality rates; they are 40 times
as likely to die in the first year compared with patients who suffer
other types of spinal cord injuries, said Mukand.
The blood infection that Nagle developed is typically rare for
people his age: out of 34,000 fatal cases of sepsis in 2005, only 311
of them were in people ages 25 to 34, he said.
"It's really not a common cause of death in that age group," unless
one has a spinal injury that makes him dependent on a ventilator, he
said.
Nagle's father declined to comment on the charges against Cirignano.
Emily Sweeney can be reached at esweeney@globe.com. 