LORDSTOWN Judge fines CSX $1,000 for blocking road

By SHERRI L. SHAULIS
VINDICATOR TRUMBULL STAFF
NEWTON FALLS -- A charge against a local legislator who works as a part-time locomotive engineer has been amended to hold his employer responsible.
State Sen. Robert F. Hagan of Youngstown, D-33rd, appeared Tuesday afternoon before Judge Thomas Old in Newton Falls Municipal Court on a charge of blocking traffic with a train, but the case was changed to name CSX Transportation Inc. as the defendant.
Hagan was hand-delivered a summons in early July from Lordstown police after returning to the village more than a week after the original incident.
The senator was accused of stopping the CSX train on June 27 on a road north of the General Motors Lordstown Assembly Plant for more than five minutes, which is against state law.
The train's conductor, Ron D. Catale of Struthers, also was cited. The charge against him also was amended to name CSX defendant.
Judge Old disposed of all three cases Tuesday, including dismissing one charge altogether. The company was originally fined $3,000 and costs, but Judge Old ordered all but $1,000 and court costs suspended.
What happened
Records show Hagan and Catale were picking up a shipment of 41 vehicles from the GM complex and were waiting for clearance from a dispatcher to switch rails.
Hagan did not deny the train was stopped for more than five minutes but has argued it is not the engineer's responsibility to make sure the crossings are open.
Hagan's was the first of three citations issued by village police officers. Chief Brent Milhoan has said the department had received several complaints in recent months about trains blocking roads, and he warned CSX officials if it continued, citations would be issued.
After citing Hagan and Catale, the department began collecting information from the trains and citing the company directly.
A train was stopped for more than 16 minutes July 23 and the citation was mailed directly to the CSX offices in Strongsville.
slshaulis@vindy.com