WCAC

 

Timothy Scalisi, 31, of Waltham, was arraigned Monday in Waltham District Court on charges of manslaughter and assault and battery causing serious bodily injury in connection with a fatal road rage incident.

He was held on $10,000 cash bail and ordered to stay away from the victim’s family.

His attorney claimed Scalisi was defending himself when he allegedly assaulted Nick Dagostino, 23, also of Waltham, who died several days later from head trauma he sustained. 

Gas Station Altercation Turns Deadly

The alleged incident happened on Wednesday, May 27 shortly before 9:00 a.m. 

 

Nick Dagostino, shown above in an obituary photo, was driving a box truck on Stow Street, headed to Woodside’s service station to fuel up, according to a State Police narrative.

 

He was following closely behind a white Hyundai Tucson driven by Timothy Scalisi.

Dagostino told investigators he wanted to enter the service station driveway on Tavern Road, but the way was blocked by the white vehicle. 

 

An argument ensued, and both drivers exited their vehicles, resulting in a physical altercation.

Scalisi “picked Dagostino up off the ground with his arms wrapped around Dagostino’s body to bring him to the ground,” said Assistant District Attorney Mary O’Neill in court Monday.

 

“Dagostino’s shorts and legs were momentarily horizontal to the ground,” said the state trooper’s narrative.

When police arrived, he vomited and appeared disoriented and confused. Dagostino had suffered a small fracture in the lower rear part of his skull and a brain bleed that led to his death on May 29.

 

O’Neill told the court that Scalisi, a collegiate wrestler, used skills learned from wrestling and Jiu Jitsu in the alleged fatal assault—“what should have been a two minute non-event for both of these men.”

Self-Defense Claim

Scalisi’s attorney Arthur Kelly said his client, a lifelong Waltham resident and realtor with no prior record, was not the instigator, according to video evidence.

 

“Mr. Dagostino jumped out and moved toward the front driver’s side corner of the truck with one arm out with a fist pulled back, as if ready to strike another person,” Kelly said, quoting the state trooper’s narrative.

 

“I suggest that it was more of an accident than anything intentional whatsoever,” he said.

Kelly told reporters afterward Scalisi was defending himself from being assaulted during the “tragic event.” 

 

Family members from both sides were in court, but none commented to reporters after the hearing. 

Scalisi will appear next in court for a probable cause hearing on July 2.

Public’s Help Sought

Authorities, who held a press conference earlier in the day, used multiple surveillance cameras, including Flock cameras, to identify and arrest Scalisi. But they are still seeking additional witnesses who might have information about the alleged incident.

 

Anyone around Tavern Road and Weston Street on Wednesday, May 27 between 8:40 a.m. and 8:50 a.m. who might have witnessed an altercation is encouraged to contact WPD Detectives 781-314-3550, WPD Tip Line 781-314-3636 or email This email address is being protected from spambots. You need JavaScript enabled to view it.