Golfer from Howland to face assault charges

Golfers were asked to leave Old Avalon after they
became belligerent, police reported.

By TIM YOVICH

VINDICATOR TRUMBULL STAFF

WARREN — An alleged attack with a golf ball is requiring a visiting judge and special prosecutor to handle the case in Warren Municipal Court.

A pretrial hearing will be Tuesday morning for Bradley J. Rushin, 46, of Howland Springs Road, Howland, who faces two counts of assault, using the ball as a weapon.

Normally the case would be heard before municipal Judges Thomas Gysegem or Terry Ivanchak and prosecuted by one of two city prosecutors.

But because of a conflict of interest, the case will be heard by visiting Judge Thomas Townley of Niles Municipal Court. Niles Prosecutor Terry Swauger will be special prosecutor.

That’s because the case involves Nick Graham, one of the two Warren Municipal Court prosecutors, and his 3-year-old son, Jimmy.

According to documents filed in the case, Graham alleges that Rushin teed up a golf ball on the 17th hole at city-owned Old Avalon Golf Course in Howland and fired it at those attending a birthday party, including the Grahams, being held at a house just off the 17th fairway.

Graham is the son of Jim Graham of Warren, president of United Auto Workers Union Local 1112 at the General Motors Lordstown complex. He too was at the party.

Rushin declined to comment about the case as his attorney has told him not to talk to the press.

His attorney, Robert Shaker, however, called the charges “outrageous” and “blown out of proportion.”

Nick Graham reported to Howland police that he was attending the party June 30 at the home of Don Fowler on Avalon Drive, located next to the course.

Graham told police that a group of “intoxicated golfers” had been on the 17th and were causing a disturbance. They were acquainted with Fowler; and one of the golfers was Rushin, Graham said.

According to his account, Graham said the golfers and those at the party were joking around when Rushin teed up a golf ball a couple hundred feet from Fowler’s home, aimed it at the birthday crowd and hit it. The ball struck the deck at the back of the house shortly before 8:30 p.m.

According to Graham, the ball missed his son’s head by inches, and police reported seeing an indentation on the deck where the ball struck it.

Shaker, though, said there is no way Rushin could hit a golf ball 200 yards through trees and intentionally hit Graham and his son.

After speaking with Graham, police received a call from golf course staff that they were dealing with some unwanted golfers who were drunk and belligerent.

By the time police got to the golfers, Rushin had left.

But his fellow golfers told police that Rushin had hit the ball toward the party while he was drunk. Police told the group that they were no longer wanted at the course by the staff and left.

Shaker termed Graham’s version of what happened as “completely ridiculous.”

Judge Gysegem said that conflicts of interest have happened from “time to time” during his 12 years on the bench.

The judge explained that he, and not the Ohio Supreme Court, selected Judge Townley as a visiting judge because the high court sometimes can’t find a judge to sit by assignment.

Judge Gysegem noted that he and Judge Ivanchak sometimes are visiting judges at Niles Municipal Court in cases in which Judge Townley’s son is involved. His son is Niles Patrol Officer Tom Townley.

yovich@vindy.com