On Thursday, Donald L. Nichols, 31, of Parsons Road in Grafton, Ohio, was sentenced by Judge Kimbler for Interference with the Operation of a Train, a first degree misdemeanor, and Criminal Trespass, a fourth degree misdemeanor. Judge Kimbler gave Mr. Nichols a 180 day jail sentence, but suspended it on condition that he pay restitution of $857.92 to the Wheeling and Lake Erie Railroad; do 24 hours of community service; and pay a monthly community control sanction fee to the Medina County Adult Probation Department. Judge Kimbler also ordered his shotgun forfeited to the State.
The shooting took place at the railroad crossing located on Hunter Road in Spencer Township on February 27, 2010. The shooting damaged the braking system on one of the railroad cars. The Medina County Sheriff Deputy assigned to the case, found five spent shot gun shells in the snow and there were also footprints by the shells. The Deputy followed the footprints back to the house where Mr. Nichols's father lived.
Mr. Nichols's father told the Deputy that the defendant had been at his home that day and that he had a shotgun with him. Mr. Nichols's father also told the Deputy that Mr. Nichols had wanted to shoot the gun on his property and that he told his son to take the shotgun out into a field near his house. The Deputy then contacted Mr. Nichols who agreed to come to the Sheriff's office. Once at the Sheriff's office, he admitted to shooting the train, but said that the shotgun had accidentally discharged.
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