LOWELL, Mass. -- New details were revealed in court Thursday regarding the death of a 15-year-old boy after a fight at an underage drinking party in Lowell.
25 Investigates uncovered a backlog at the Medical Examiner’s office that kept the charges minimal, until now.
After a year on house arrest for assault and battery, charges against 19-year-old Joseph Zagarella have been upgraded to manslaughter following an autopsy that ruled the death a homicide.
Prosecutors say State and Lowell police poured over evidence with the grand jury for several days before indicting Zagarella on the new charges.
New details also came out surrounding the parent who investigators say hosted the party, 51-year-old Thomas Ogden.
Police say at one point up to 80 teens were drinking at Ogden’s house in Lowell after his daughter asked to have some friends over. There were open containers everywhere and children throwing up, investigators said. Then, after a fight broke out, investigators say Ogden didn’t do anything to help 15-year-old Ethan Costello, who had suffered a brain injury.
“Mr. Ogden looked at these three individuals who were helping Mr. Costello, said ‘I’m not dealing with drunk kids tonight. Don’t put him on that couch, that couch is new, you can put him over there on the roll up carpeting,’” an attorney said.
Ogden is facing charges for his role in providing alcohol to minors.
Zagarella’s defense attorney asked for release on bail, since he’s already spent a year awaiting trial and it will likely be another year until the case is heard, but the judge did not approve that request.
Both men are due back in court in December. Family members of the 15-year-old who was killed declined to comment.
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