A mixed martial arts fighter accused of starting a fight that sent three Dayton police officers to a hospital was convicted Friday of felonious assault.
Nikolaos R. Boscarino, 29, of Bellbrook, was taken into custody after Montgomery County Common Pleas Judge Steven Dankof revoked his bond. Dankof set sentencing for Nov. 20.
Boscarino had been on trial since Monday on the felonious assault charge and four misdemeanors. The jury convicted him of 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, Officer Donnie 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.
This is Boscarino’s second felonious assault conviction. 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. At the time, a judge said the victim had been beaten “within an inch of his life.” Boscarino was released after serving 20 months of a four-year sentence.
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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