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Teen struck by gunfire files suit
By Ed Runyan
WARREN
A teen hit by gunfire from the rifle of a neighbor in 2008, after the teen’s cousin knocked down a campaign sign in the shooter’s front yard, has filed a lawsuit over the matter.
Kyree S. Flowers of 1205 Dover St. SW filed the suit against Kenneth J. Rowles of 1237 Dover in Trumbull County Common Pleas Court.
The suit, which seeks more than $25,000 in damages, says Rowles “negligently, carelessly recklessly and/or in a wanton fashion,” fired the gun at Flowers, then 17.
Rowles has filed a counterclaim in the suit, saying Flowers “was himself negligent,” and that negligence was the reason the teen was injured.
A hearing was held Tuesday before Judge John M. Stuard, but no settlement was reached, and no trial date has been set.
Rowles, 53, pleaded guilty last February to aggravated assault and was sentenced to five years probation and 90 days of house arrest.
Judge Andrew Logan of common pleas court also ordered Rowles to pay restitution of $790 for the damage the gunfire did to a vehicle, attend a racial-diversity training class, have no contact with his victims and submit to random firearm searches at his home.
The incident began Oct. 25, 2008, when Flowers and a cousin, who are both black, rode past Rowles’ house. Rowles is white. Flowers’ cousin, then 16, who was driving, got out of the vehicle, “joking and playing” and kicked over a “John McCain for President” sign in Rowles’ front yard while Rowles was sitting on his front porch.
Flowers’ cousin yelled, “This is for Obama” to Rowles, who went inside and got a rifle and fired it.
The gunfire hit Flowers in the arm, and hit the vehicle twice, breaking out the front passenger and driver windows.
In Rowles’ counterclaim, he said Flowers “engaged in a pattern of harassment,” and for several months prior to Oct. 28, 2008, “individually and in concert with others, engaged in a pattern of harassment, criminal trespass, threats and intimidation.”
Rowles also claimed his actions against Flowers “were acts of legally protected self-defense.”
Rowles seeks in excess of $25,000 from Flowers for the “serious emotional distress” he has suffered. Flowers’ actions violated Rowles’ “right to live peaceably in his own home,” Rowles’ counterclaim said.