Investigators allege two brothers blocked the victim’s vehicle before assaulting him with firearms and opening fire.
SCOTTSDALE, Ariz. — Two brothers face multiple felony counts after authorities say they followed a recreational baseball opponent to the parking lot at Salt River Fields, blocked his car with their vehicles, and attacked him with handguns before firing a shot that struck him in the ear, leaving him hospitalized with a gunshot wound and a traumatic brain bleed.
Nicholas DiMarco, 29, and Joseph DiMarco, 27, both of Scottsdale, were arrested at the scene June 24 and made their initial court appearances the following day. A judge ordered each held on a $50,000 secured appearance bond.
The violence began around 9:40 p.m. during a men’s recreational league game on the Salt River Pima-Maricopa Indian Community. According to court documents, Joseph DiMarco got into a physical altercation on the field with the victim, identified as Luis Ayala-Aponte, causing the game to end early. Ayala-Aponte was told to leave the facility and did so without further incident at the field.
Salt River Police say the brothers did not follow suit. Instead, both men left in their respective vehicles and pursued Ayala-Aponte, positioning their cars to block him from driving away.
With the victim trapped, investigators say both brothers exited their vehicles armed with handguns and ordered Ayala-Aponte out of his car. When he complied, they began striking him across the face and head with their pistols until he fell to the ground, then continued to punch and kick him as he lay there. When bystanders attempted to step in, Nicholas DiMarco pointed his weapon at them, forcing them back, according to a police probable cause statement.
Officers and multiple witnesses heard a gunshot during the assault. Ayala-Aponte was struck by a bullet near his ear and sustained a graze wound to the back of his neck. Emergency crews transported him to Scottsdale Osborn Hospital, where he was admitted with those injuries along with a traumatic brain bleed.
As officers responded, the DiMarco brothers allegedly attempted to flee together in a single vehicle. A high-risk traffic stop ended the attempt. Officers recovered a Glock 9mm from the floorboard near where Joseph DiMarco was seated and a Sig Sauer 9mm from Nicholas DiMarco’s waistband. A single 9mm shell casing was recovered from the attack site. Both men invoked their right to remain silent after arrest.
Nicholas DiMarco was charged with aggravated assault causing serious physical injury, four counts of assault with a deadly weapon, and aggravated assault involving multiple accomplices. Joseph DiMarco faces an identical assault charge package including a count of assault with a deadly weapon.
Their defense attorney characterized the incident at the initial court appearance as a fight on a baseball field that went bad and signaled the brothers intend to pursue a self-defense argument at trial. Judge John T. Aragon imposed the $50,000 bonds and ordered both men to have no contact with the victim, witnesses, or the location of the attack. A status conference is scheduled for July 1 in Maricopa County Superior Court, followed by a preliminary hearing July 6.
