Martial arts fighter indicted, faces up to 23 years for officer assault
Steve Bennish
Posted: 09/13/2011 5:15 PM
DAYTON - A 27-year-old mixed martial arts pro authorities say started a wild brawl with police outside a bar faces up to 23 years in prison and a fine of $34,000 according to Montgomery County Prosecutor Mat Heck, following a a seven-count indictment from a Montgomery County grand jury.
The indictment includes charges of felonious assault and resisting arrest related to the fight that ended up injuring six: three Dayton police officers, an off-duty West Carrollton officer and two civilians who helped bring the fighter into custody.
The first-degree felonious assault charge carries a specification of repeat violent offender and a mandatory minimum sentence of 10 years.
Nikolaos R. Boscarino, who has a history of violent assaults, turned himself in Tuesday afternoon. Heck said he has asked the court to hold him on a $250,000 bond.
Boscarino is a former Bellbrook High School wrestling champion. In October 2002 he was sentenced to prison for beating a young man in what authorities called “a gang fight” along a county road in northern Warren County. He was released after serving 20 months of a four-year sentence.
Police gave this account of the August fight: It began after police officer Donnie Smith, who was in uniform, arrived at Taggart’s Pub at the intersection of Patterson Road and Wilmington Pike around 2 a.m. Three men exited a late-model white Cadillac and walked toward the bar. The bar owner, seeing the men as too drunk to be admitted, told officer Smith he did not want the trio on his property.
Boscarino then stopped, undid his fly and urinated in plain view on the middle of the sidewalk, exposed to the vehicle traffic on Patterson and Wilmington.
When Smith approached to perhaps write a ticket for the rude display, Boscarino immediately punched him in the face with his fist and started to walk away.
The officer then tried to restrain him and radioed for backup. He hit Boscarino with a Taser shot, but it was ineffective. It took the efforts of the six to get Boscarino under some control, enough to wrest him into handcuffs.
Officer Smith, who suffered a concussion, remains off-duty, Heck said. He said medical confidentiality law prohibits him from disclosing further details. He added, however, that it is not known when Smith, an 11-year veteran, will return to work. Two other Dayton officers, John Howard and John Kernich, were also injured, but are back on the job.
As a mixed martial arts fighter, Boscarino has a 3-and-13 record as a professional. He is undefeated as an amateur.
“This defendant thinks he can do whatever he wants,” Heck said at a news conference to announce the indictment. “He’s shown an utter disregard for authorities and police officers. The defendant is a trained pro fighter and can fight past the pain.”
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