Because Montgomery County Common Pleas Judge Steven Dankof found that Boscarino met the legal standards of a repeat violent offender specification, he could have added 10 years more to that sentence.
Instead, police officers left the hearing angry. So did Boscarino’s family, who told him that they were looking forward to the appeals process.
“I’ve already been sentenced by Mr. Boscarino,” Dayton Officer Donnie Smith told Dankof during his victim-impact statement. Smith said that he still suffers from headaches, and that his injuries ended both his police employment and military career, which included two tours of duties in Iraq. He also thanked his fellow officers for “saving my life.”
Boscarino told Dankof that he was remorseful and was sorry “for any injuries that did occur,” adding, “that was not my intent.”
Boscarino wept when talking about his 2-year-old daughter.
“Please have mercy, your honor,” Boscarino said.
Dankof did go over Boscarino’s previous run-ins with the law, starting with a 2002 felonious assault conviction in Warren County that earned Boscarino a four-year sentence. He left prison early on judicial release in 2005, but that was revoked a few months later and he was released from prison again in December 2006.
Since then, Boscarino has also been convicted four times in area municipal courts, starting with a resisting arrest just months after he left prison, Dankof said. He also has three disorderly conduct convictions, but the original charges were fighting, domestic violence by threats and criminal damaging, Dankof said.
Dankof also noted that Boscarino’s family and friends sent several letters stating that Boscarino had been wrongly convicted for the assault on Smith.
“For the record, the court strongly disagrees,” Dankof said.
Boscarino had been on trial for the felonious assault charge and four misdemeanors. The jury convicted him Nov. 2 of the felonious assault, one count of resisting arrest and one count of assault, but acquitted him of two other counts of assault.
Boscarino, a former Bellbrook High School wrestling champion, was arrested Aug. 12, 2011, after he turned himself in to authorities.
The prior evening, according to police, Smith was at Taggart’s on a criminal damaging complaint when he saw three men get out of a car and walk toward the bar. The bar owner told Smith he did not want the three on his property. Boscarino stopped, undid his fly and urinated on the middle of the sidewalk, exposed to the traffic on Patterson and Wilmington, police said.
When Smith approached him, Boscarino punched him without warning or provocation, according to police. Three bystanders — the bar owner, the doorman and a patron who was an off-duty West Carrollton police officer — helped Smith wrestle with Boscarino until backup arrived. Though they were unable to subdue Boscarino, they did limit his attacks on Smith, police said.
The fight continued after backup officers arrived, as Boscarino continued to escape officers’ attempt to handcuff him. Though a Taser was used on him, it appeared to have no effect, and Boscarino grabbed the Taser from Smith, police said.
Smith suffered a concussion as a result of the fight.
Boscarino’s 2002 felonious assault conviction concerned the beating a young man in what authorities called “a gang fight” along a county road in northern Warren County. At the time, a judge said the victim had been beaten “within an inch of his life.”
As a mixed martial arts fighter, Boscarino has a 3-13 record as a professional. He is undefeated as an amateur.
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