Arbiter upholds the firing of patrolman

Tuesday, August 22, 2006 Young has no other source of appeal for his discharge. By WILLIAM K. ALCORN VINDICATOR STAFF WRITER STRUTHERS — An arbitrator has upheld the firing of then-Struthers patrolman Xavier Young for his actions on New Year's Eve 2004, including failing to prevent party-goers at his home from beating two brothers unconscious. Safety-Service Director John P. Sveda said Young has no other source of appeal for his discharge, which occurred Jan. 17, 2005. The city fired Young for violating his oath of office after a melee at his home on New Year's Eve involving alcohol and some 16 children and youths and 10 adults, according to reports. Young appealed the city's action, and hearings on the matter were conducted March 15 and May 4, 2006, by Arbitrator N. Eugene Brundige. He issued his ruling Thursday. According to information provided in Brundige's binding opinion, Young, after finishing his shift at 11 p.m., was dropped off by at colleague at his Fifth Street home, where a party was in progress. During the night, multiple events occurred that resulted in the calling of police units from Struthers and Lowellville to the residence. Children, including one of Young's sons, were found drunk, smoking marijuana and in possession of other drugs, police reports said. In addition to the city's action, investigations by the Ohio Bureau of Criminal Identification and Investigation and the Struthers Police Department led to 21 criminal charges against Young. Plea deal A plea bargain resulted in Young's pleading no contest to two counts of disorderly conduct in exchange for the dismissal of several charges of contributing to the delinquency of minors. He also pleaded no contest to two counts of disorderly conduct in lieu of two assault charges. In his grievance filed by the Fraternal Order of Police, Young said his termination was without just cause, and he asked that he be returned to his position and compensated for any lost time, wages and expenses related to his discharge. Sveda, in his letter of termination to Young, said the officer had not only broken numerous city rules and regulations, but also had violated the "public trust bestowed upon you." In the city's notice of a predisciplinary hearing to Young, Sveda said the former policeman caused bodily harm and injury to brothers Shawn and Jason Scott and failed to provide assistance to them or prevent the assault of the Scotts by other individuals at his home Dec. 31, 2004, and Jan. 1, 2005. Young was employed as a reserve, part-time and full-time Struthers policeman from Oct. 20, 1995, until his discharge. According to Vindicator files, police were called to Young's residence at 2 a.m. Jan. 1, 2005, where they found the Scott brothers on the ground unconscious. The Scotts had gone to Young's house to pick up the teenage daughter of Shawn Scott's girlfriend, who lives nearby, reports said. A verbal disagreement ensued and eventually involved up to 25 people in an alley behind the Fifth Street home. Shawn Scott said that Young was on top of his brother choking him, and when Shawn tried to pull Young off his brother, both Scotts were attacked by a large number of people and beaten and kicked. Jason Scott, of Marine City, Mich., a Struthers native, was hospitalized. Another view A police report filed by Young's wife, Sandra J., however, told a different version of what happened. She said Shawn, of Struthers, and Jason came to the Youngs' home at about midnight looking for someone. The Youngs asked them to leave after telling them the party was for family only. She said Shawn returned 10 minutes later and was again asked to leave. Sandra Young also saw Jason Scott standing in the backyard, and when she asked him to leave, he began to shout profanities and a shoving match began, she told police. When Xavier Young came outside, Sandra said he shoved Jason Scott to the ground, and then Shawn Scott jumped on her husband's back, and Xavier Jr. tried to pull him off. After that, the Scotts left and police were not called at that time. The episode that left the two Scotts unconscious in the alley happened about 2:30 a.m., and police responded to a call at that time. An internal police probe concluded that Young choked Jason Scott and instigated and led the group that beat the Scotts. In his opinion, Brundige said Young's actions "cannot be condoned or allowed in any police organization. It is apparent Mr. Young failed to act as a police officer. He clearly violated his oath of office." alcorn@vindy.com