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South Beach man acquitted in alleged baseball-bat attack; it was self-defense, says lawyer
STATEN ISLAND, N.Y. — Testifying in his own defense proved to be a good move for a South Beach resident accused of beating another man with a baseball bat during a confrontation at his home two years ago.
On Wednesday, a jury in state Supreme Court, St. George, acquitted John DiDamo, 47, of all charges stemming from the May 27, 2019 incident.
“I successfully argued that Mr. DiDamo acted in self-defense, because during the dispute the complainant threatened to shoot my client,” said defense lawyer Mark J. Fonte. “The complainant went to the vehicle he arrived in to retrieve something from it. My client assumed it was a gun.”
The panel found DiDamo not guilty of attempted first-degree assault, second-degree assault and menacing, Fonte said.
DiDamo could have been sentenced to up to 15 years behind bars had he been convicted of attempted first-degree assault. The minimum would have been 42 months in prison.
The jury reached its decision at around 4:15 p.m., Fonte said. The panel began deliberating in the morning.
The events unfolded at about 1:20 a.m. on Memorial Day 2019 at DiDamo’s home, according to the criminal complaint and police.
The 51-year-old complaining witness told cops DiDamo owed him money, the criminal complaint said.
The man said he went to collect the debt, and a verbal dispute ensued, alleged the complaint.
The argument escalated, and DiDamo struck the victim with a bat, fracturing his nose and eye socket, the complaint alleged.
The man also suffered a head laceration, said the complaint.
The victim was taken to Staten Island University Hospital in Ocean Breeze.
Both the complaining witness and DiDamo testified during the trial, said Fonte.
DiDamo said he was defending himself.
“My client was justified in acting in the matter in which he did,” Fonte said.
The criminal jury trial was among the first of several held in state Supreme Court, St. George, since the onset of the coronavirus pandemic in March 2020.
“I was very pleased to be back in front of a jury,” said Fonte. “The court staff did an excellent job keeping everybody safe in conducting this trial.”
Prosecutors did not immediately comment on the verdict.