The brother of Nancy Kerrigan has been indicted on manslaughter and assault and battery charges. Middlesex District Attorney Gerry Leone announced the upgraded charges today against Mark Kerrigan, who was originally charged with assault and battery on an elder. The 45-year-old was arraigned in Woburn Superior Court (Massachusetts) on the new charge and pled not guilty. The two charges stem from the death of Daniel Kerrigan, 70, on Jan. 23.

Mark Kerrigan was out on $10,000 bail but that amount was raised to $25,000. He was briefly behind bars until the family posted the additional $15,000 later that day.

The figure skater’s family is standing behind Mark Kerrigan. “We are deeply disappointed at the continued prosecution of Mark Kerrigan. We disagree with the decision to indict and look forward to the facts being considered by an impartial jury,” said Tracy Miner, attorney for the Kerrigan family said in a written statement. “The Kerrigan family continues to believe that he is not responsible for the death of their beloved Daniel Kerrigan. Mark Kerrigan has been living at home supporting and caring for his mother and is in complete compliance with all conditions of his pre-trial release and we see no reason that the situation should change."

In today's statement, the district attorney alleged that Mark Kerrigan actions were violent and reckless, disregarded his father’s safety and well-being, endangered Daniel Kerrigan’s life, and ultimately resulted in the substantial harm that led to his death.

“This defendant should have known that the cruel acts that he committed against his elderly father, including grabbing him by the neck with enough force to cause a fracture, were highly likely to result in substantial harm and endanger his father’s life,” Leone said in a written statement. “Compounding these tragic circumstances is the fact that we allege the altercation by the defendant began because he wasn't allowed to use the family telephone late that night, a seemingly trivial issue that we allege triggered the defendant's drunken rage and led to his committing the malicious acts that led to the death of his elderly father.”

Mark Kerrigan was living with his parents in their Stoneham attack when the alleged deadly incident occurred.

The press release from the Middlesex district attorney outlined an evening of violence and heavy drinking that began with an argument between Mark Kerrigan and a female acquaintance. It escalated to the point where the woman called 911 because the defendant allegedly would not allow her to leave.

The local police responded to the call and Daniel Kerrigan returned home when he was alerted to the situation, according to Leone. The Stoneham police left after speaking with the parties involved.

“Over the next six hours, the defendant allegedly drank liquor, became intoxicated and repeatedly argued with his parents over the use of the house phone to contact the female,” Leone said. “The defendant had been calling and leaving over a dozen messages on the female’s cell phone.

“Sometime after midnight, the defendant came into his parent’s bedroom screaming obscenities and yelling about the telephone not working. The victim and his wife went downstairs to the kitchen in an attempt to talk to their son. The defendant then allegedly engaged in a heated argument with the victim, which escalated to a violent physical altercation where the defendant allegedly pushed, grabbed and shoved the victim, resulting in several pictures falling off the wall.The defendant then allegedly forcibly grabbed the victim around the neck, causing a compression fracture to the left thyroid cartilage of his larynx, and the victim fell to the kitchen floor onto his back, unconscious.”

Brenda Kerrigan, Daniel’s wife who is legally blind, called 911. “During her recorded call for help, the defendant is heard screaming obscenities at his father and yelling at him,” Leone said. “When emergency responders arrived at the scene, the victim was found on his back unconscious and suffering from cardiac dysrhythmia. They immediately began resuscitation efforts while officers spoke to the victim’s wife and son.

“When approached by officers, the defendant was observed hiding a bottle of scotch and allegedly refused to comply with their orders to calm down. The obviously intoxicated defendant allegedly fought with officers and swore at them as they attempted to subdue him. Once handcuffed and under arrest, the defendant allegedly made statements to police officers, including that he argued with his father, grabbed him around the neck and that he fell to the floor. The defendant additionally told police that his father was faking it.”

Emergency responders transported Daniel Kerrigan to Winchester Hospital, where he was pronounced dead one hour later. “After a thorough investigation and autopsy conducted by the Office of the Chief Medical Examiner it was determined that Daniel Kerrigan died from cardiac dysrhythmia triggered during a violent physical altercation that resulted in a compression fracture to his left larynx,” Leone said.

Mark Kerrigan was arraigned on Jan. 25 in Woburn District Court. He is free on $10,000 bail and is living with his mother, Brenda Kerrigan, in the home where the alleged altercation took place. He has been outfitted with a GPS bracelet monitoring system.


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