Backlog Means Reduced Charges For Man Charged In Tewksbury Teen's Death

TEWKSBURY, MA --When Ethan Costello, 15, of Tewksbury, died at an underage drinking party in Lowell last Oct. 28, it was any parent's worst nightmare. But a grand jury was convened within days to hear testimony from dozens of teens that had attended the party where Costello sustained fatal injuries in a beating, and an indictment was quickly handed down against Joseph Zagarella, 19, of Tewksbury. Zagarella, who is under house arrest while out on bail, stands accused of slamming Costello's head against a concrete floor.

Now a backlog at the beleaguered State Medical Examiner's office means Zagarella will face assault charges when his trial begins on October 11 instead of the murder or manslaughter charges the Middlesex District Attorney's office had originally sought. Last month prosecutors asked for a delay in the start of the trial because they were waiting for the autopsy report. The Lowell District Court judge denied that request and ordered the trial to begin as scheduled.

Subscribe to Tewksbury Patch for more local news and real-time alerts.

The reduced charges against Zagarella were originally reported by Fox News 25. National standards call for medical examiner's offices to finish reports within 90 days. The office blamed a heavy caseload and not enough employees to process the backlog.

More than 75 teens, most of them from Tewksbury, attended the party at a private residence in the Belvedere neighborhood of Lowell. According to witnesses, Costello was intoxicated and bumped into the bigger Zagarella, who grabbed Costello by the neck and slammed him onto a concrete floor.

Prosecutors allege Zagarella bragged about the assault as he left the party and initially lied to police when questioned. There was as much as a two-hour delay in getting Costello medical treatment, and no one at the party called emergency services, according to an investigator's report.

One witness said Thomas Ogden, the owner of the property, refused to help even as Costello was vomiting blood. Ogden told police his child had some friends over but denied having any knowledge of alcohol consumption, according to the investigator's report.

The witness and some friends then tried to revive Costello in a shower before driving him to the emergency room at Lowell General Hospital. Costello, whose injuries were described as "grave" when hospital officials called police, died of his injuries after being transported to Tufts Floating Hospital in Boston.

For more on this story, see Fox 25 Boston.

Photo by Costello family.

Dave Copeland can be reached at dave.copeland@patch.com or by calling 617-433-7851.