A Massachusetts man has been charged with manslaughter after authorities say a road rage confrontation at a gas station turned deadly.
Timothy Scalisi, 31, of Waltham, was arrested in connection with the death of 23-year-old Nicholas Dagostino, Middlesex County District Attorney Marian Ryan said.
The incident happened just before 9 a.m. on May 27 at the entrance of a gas station on Weston Street in Waltham.
According to authorities, Dagostino told police he was trying to make a left turn into the gas station when Scalisi was blocking the entrance with his car.
An argument broke out between the two men and quickly escalated.
Scalisi’s attorney, Arthur Kelly, said Dagostino got out of his car and allegedly pulled his fist back as though he was going to hit someone.
Prosecutors said Scalisi then picked Dagostino up and “violently brought him to the ground.”
Mary O’Neill, a prosecutor with the Middlesex District Attorney’s Office, said Scalisi had experience as a high school and college wrestler and was also trained in Brazilian Jiu Jitsu.
“He used that experience to lift another person off the ground and throw him, not onto padded floors or a padded wall or padded mats that he would be used to in training but to throw him onto the pavement,” O’Neill said.
Kelly argued that his client did not intend to kill Dagostino.
“He didn’t punch him; he didn’t kick him,” Kelly said. “I think it was more of an accident than anything intentional whatsoever.”
Authorities said Scalisi left the scene in his car after the confrontation.
Investigators do not believe the two men knew each other before the incident.
Gas station manager Betsy Bailey, who called 911, said Dagostino had simply been trying to stop for gas.
“All this guy was trying to do is do his job, come in and get some gas and that’s it,” Bailey said. “I was shaking.”
She said Dagostino was bleeding from the back of his head and appeared extremely disoriented.
“He was bleeding from the back of the head, and he was very, very, very out of it,” she said.
Dagostino was taken to a nearby hospital after suffering blurry vision, nausea, vomiting and a headache. Doctors later determined he had a brain bleed and a small skull fracture.
He died at Lahey Burlington Medical Center on May 29.
Police said they used surveillance footage and Flock cameras to identify and locate Scalisi.
He was charged with manslaughter and assault and battery causing serious bodily injury. He was arraigned Monday in Waltham District Court and released on $10,000 bail.
A judge also ordered him to stay away from Dagostino’s family.
Outside court, Kelly said he believes Scalisi has been overcharged.
“There wasn’t a dangerous weapon involved. I think he’s been overcharged in this case,” the defense attorney said.
Scalisi is scheduled to return to court on July 2.
Ryan said there was heavy traffic in the area when the incident happened, and investigators are asking anyone who witnessed the confrontation or has dashcam footage to come forward.
Anyone with information is asked to contact Waltham detectives at 781-314-3550 or email tips@police.waltham.ma.us.
