One or two on ice-guilty or innocent

alledan

BOSTON, Massachusetts (AP) -- Prosecutors have called Thomas Junta, the hockey dad who beat another father to death, a bully. His supporters describe him as a devoted husband and father who fell victim to "a very bad set of circumstances." These two starkly different pictures of the 270-pound truck driver were expected to be drawn by lawyers at Junta's sentencing hearing Friday. Junta faces anywhere from probation to 20 years in prison for his January 11 conviction for involuntary manslaughter in the death of Michael Costin, 40. State sentencing guidelines recommend a term of three to five years for a first-time offender such as Junta. But the judge is not bound by the guidelines. The two men fought after Junta objected to rough play during a pickup hockey game in July 2000. Costin was supervising his three sons, Junta's son and several other boys on the ice. The jury found that Junta did not intend to kill Costin, but went too far during the fight at the Burbank Ice Arena in suburban Boston. Junta's lawyer, Thomas Orlandi Jr., would not reveal what sentence he will seek, but he said on ABC's "Good Morning America" Wednesday that he would ask the judge to show compassion for Junta. He called Junta a "barbecue dad" devoted to his wife and two children. But some previous incidents, which were not brought up at Junta's trial, could be taken into consideration for the sentencing. Junta's wife, Michelle, was granted a restraining order against her husband in 1991 when she alleged he beat her continuously in front of their two children and another child. A court ordered Junta out of the couple's Charlestown neighborhood apartment, and gave his wife temporary custody of the children. In 1992, police arrested Junta on charges he punched a Boston police officer and ripped a gold chain off his neck, according to court documents. Junta was not convicted -- the case was continued without a finding after he admitted to sufficient facts -- but a Boston Municipal Court judge ordered him to pay the officer $250 in restitution. At Junta's sentencing hearing, Costin's family will be allowed to make victim impact statements. Costin had four children, ages 11 through 14. His father, Gus, said Costin had a drinking problem and had been in and out of prison for much of his adult life. But in the final few years of his life, he had quit drinking and was working steadily as a carpenter and painter. Six months before he was killed, he regained custody of his children. The jurors in Junta's trial never heard about Costin's troubled past, which included seven prison stints between 1983 and 1995 on charges of breaking and entering, drunken driving and assaulting a police officer. They also never heard that he had taken antidepressants for years and had spent time in psychiatric hospitals. During his sentencing hearing, the judge may allow Junta to present character witnesses and family members to help persuade the judge to give him a lenient sentence. Junta has seven brothers and five sisters; most of them were in the courtroom every day of his trial, often hugging him and patting his arm during recesses. Junta's sister, Barbara Tracy, said she hoped the judge would consider the circumstances of the fight when sentencing her brother. "I'm sorry Mr. Costin passed away -- that was terrible -- but I would want (the judge) to understand that he is a good man, a good father," Tracy said on "Good Morning America."