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Canfield man gets 3 years for dragging death



Published: Thu, May 13, 2010 @ 12:08 a.m.

By JOHN W. GOODWIN JR.

jgoodwin@vindy.com

YOUNGSTOWN

photo

Bryce D. Burke, 27, left, was sentenced to three years in prison for the death of Andrew Culp, 22, of Columbiana. Burke’s car rolled over Culp at a South Side fast-food restaurant in 2007, and Burke dragged Culp underneath the car about two blocks. This picture of Burke and his lawyer J. Gerald Ingram was taken in 2008 at Burke’s arraignment in Youngstown Municipal Court.

A Canfield man who dragged a man beneath his car, which resulted in the victim’s death, was led from the Mahoning County courthouse in handcuffs and will spend at least the next three years in prison.

Bryce Burke, 27, of Mercedes Place, appeared Wednesday before Judge James C. Evans of Mahoning County Common Pleas Court for sentencing on one count of failure to stop after an accident resulting in death.

Burke, in a plea agreement with prosecutors, entered a guilty plea to the charge in March.

Burke was not alone in the courtroom. He was joined by dozens of family members and friends of the victim in the case — 22-year-old Andrew Culp of Columbiana. The victim’s supporters crowded the court, leaving some standing in the hall outside the courtroom. Several addressed the court on behalf of the victim.

Rose Culp, the victim’s mother, told the judge she still can’t understand how Burke could drag her son under his car then leave him on the side of the road to die. Through tears, she said even the maximum sentence of five years in prison would not be long enough.

“The defendant has shown no care from Day One and only cared about his own well-being,” she said. “Five years seems like a light sentence after the pain he caused Andrew and his family and friends.”

Mary Sharpe, Andrew Culp’s aunt, asked the court to show the value in human life by imposing a stiff sentence on Burke.

Todd Herron, a friend to the Culp family, said Culp’s loved ones have waited for justice since the day of the incident. He told the court Burke should be considered a danger to society because he lacked empathy for human life.

Atty. J. Gerald Ingram, representing Burke, described his client as a 27-year-old kid in a situation with very unusual circumstances. He told the court that Culp is partially at fault in the accident because it is believed he was lying in the road when he was struck by Burke’s car. That comment drew a reaction from family members in the courtroom, forcing deputies to ask for quiet.

Ingram said Burke has had to have counseling after the incident and still has nightmares about what took place. Ingram asked the court to impose probation with some time in the county jail.

Burke apologized for the situation.

“I regret everything that happened that night. I have to live with it every day, and I can’t take it back,” he said.

Ultimately, Judge Evans went with a recommendation from Mark Hockensmith, an assistant county prosecutor, of three years in prison and a three-year driver’s-license suspension. Burke also will have to pay a $1,000 fine.

According to police, Burke hit Culp just west of Zedaker Street and Midlothian Boulevard on the city’s South Side on Nov. 29, 2007.

Culp is believed to have been dragged a substantial distance after the impact.

Burke was in the McDonald’s drive-through at South Avenue and Midlothian when another motorist told him there was a body under his car, police said.

A witness called 911 and told the police dispatcher there was a body under the car in front of him. By the time police arrived, the car had gone.

Culp was found on the road about two blocks from the McDonald’s. Burke surrendered to detectives a few days later.


Comments

1boardmanneedschange(364 comments)posted 3 years, 11 months ago

Well it pays to have family members who work in the court system. 3 years and $1000 is all a human life is worth. At least according to the city of Youngstown.

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2janitspace(92 comments)posted 3 years, 11 months ago

Wow, the callous disregard for human life he has shown should have garnered a much more substantial sentence. I guess I have to agree with boardmanneedschange on this one.

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3MOMSS(3 comments)posted 3 years, 11 months ago

#1. MR BURKE KNOWINGLY DRAGGED A HUMAN BEING UNDER HIS CAR AND LEFT HIM ON THE SIDE OF THE ROAD TO DIE. #2. 27 years of age is not a kid, he is an adult. #3. Just like the defense to try to blame the victim with "man laying in the road" speculations to try to make their client look better. #4. MR BURKE KNOWINGLY DRAGGED A HUMAN BEING UNDER HIS CAR AND LEFT HIM ON THE SIDE OF THE ROAD TO DIE.

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4iloveohio(2 comments)posted 3 years, 11 months ago

It is certainly a shame that any of this happened at all but I agree with paulb. There were witnesses stating that the victim layed down in the middle of the street intentionally. The victim was no kid either. The papers make it sound like Burke ran him down but Burke just happened to be the guy that was driving by at the time. Granted yes he should have called the cops when he saw the body stuck underneath his car. It was bad decisions made by multiple people.

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5kfarley13(16 comments)posted 3 years, 11 months ago

I agree with Iloveohio - why punish someone for an accident. The whole thing does sound FISHY!!!!! Why in the world would someone lie in the street unless they wanted to be hit?????? Justice was wrong on both sides.

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61970mach1(1005 comments)posted 3 years, 11 months ago

Very odd. WHY WAS GUY LAYING IN ROAD IN FIRST PLACE? And why did the driver take off when he was told about it in McDonald's drive thru? VERY ODD!

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7MOMSS(3 comments)posted 3 years, 11 months ago

MR BURKE KNOWINGLY DRAGGED A HUMAN BEING UNDER HIS CAR AND LEFT HIM ON THE SIDE OF THE ROAD TO DIE. THAT IS FACT. WITNESSES SAW HIM INTENTIONALLY GET IN HIS CAR AND DRIVE AWAY.THAT IS FACT. EVERYTHING ELSE UP TO THAT POINT IS SPECULATION, LIES AND RUMORS. KNOW THE FACTS!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

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8Bassets3(3 comments)posted 3 years, 11 months ago

I AGREE WITH MOMSS, IT'S NOT LIKE HE DIDN'T KNOW HE HAD A HUMAN UNDER HIS CAR. THIS HE KNEW. I LIVED IN YOUNGSTOWN FOR MANY YEARS AND I CAN'T BELEIVE A HUMAN LIFE IS WORTH 3 YEARS. WHAT IS UP WITH THE LICENSE HE WON'T BE DRIVING IN JAIL, SHOULD HAVE BEEN 3 YEARS AFTER HE GETS OUT. I WILL PRAY FOR THE FAMILY.

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9Stan(9923 comments)posted 3 years, 11 months ago

" He told the court that Culp is partially at fault in the accident because it is believed he was lying in the road when he was struck by Burke’s car."

Lying down on a roadway is suicidal . Did they do drug and alcohol tests on Culps body ? Did Culp have mental issues ? Bryce Burke made a poor choice in fleeing the scene of an accident and will pay the price .

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10Nunya(1356 comments)posted 3 years, 11 months ago

This is abominable,..

See it's corrupt injustice like this that breaks down respect for law in society. I don't promote infringement nor violence but just culpability is imperative to social order. Where if anyone want's to know why people develop the mindset that they have to take out any trash that infringes upon them or family or even a close friend themselves.

THIS is one of the textbook examples and displays that invokes exactly the do it yourself protocol.

Apparently it's open season on hitting and dragging pedestrians to their deaths in youngstown now.

See for such a callous, deliberate and depraved act to draw a charade like that 3 year BS sentence for what that maniac did is a infringement on society and a disgrace to the entire rule of law.

See not only did he hit an individual with his vehicle which could have been accidental. But no way in hell does anyone not know they've hit and were dragging something under their vehicle in such a low sitting car.

But that maniac was even informed that he had a human life beneath his vehicle and proceeded to drag them.

I don't know either of the individuals nor the families involved here and this is so tragic and sinister. Where's it's crystal clear and a callous display that shows and proves that pedestrian hitting and malicious body dragging manic. That's by lawless cronyism is getting away with one extreme case of willfully induced murder.

That was done in an aggravated manner and the culprit even fled the scene of felonious assault showing no regard for law nor the victim that resulted in murder. Within all that transpired there are numerous charges that would have justifiably increased maximum incarceration time.

Without mincing words anybody orchestrating that kind of criminality in the courts. That dares to think, allege or expect any decent, sensible being would ever see or respect them as honorable can go straight to Hell.

It'll never stop if people continue to cower from calling it what it is just because a culprit has a title. Which in this case it's the worst in society that sanctioned that criminal culprit.

Because he or his family has a rancid corruption connection. To nothing less than some James Philomena, Maureen Cronin variety ingrates working in rotten @ss downtown Youngstown.

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11Youngstown_Strong(91 comments)posted 3 years, 11 months ago

I know Bryce. We aren't friends but I do know him. He made a terrible decision and is going to jail for it. They couldn't charge him with anything higher than leaving the scene of an accident because of lack of evidence. Witnesses were saying the victim was suicidal and drunk and possibly laid in the street on purpose. The only hard facts the prosecutors had is what happened at McDonalds. For that this man is 100% guilty, he should never have gotten back in his car and I can tell you all that he is sincerely remorseful for that decision. He doesn't have a criminal history and isn't a bad person at heart but he indeed made a horrible life-altering decision. Would the victim have lived if Bryce never drove out of McDonalds? No one can say for sure but it happened and there is nothing anyone can do to change it. Hopefully one day the victim's family can forgive him.

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12ysugirl08(3 comments)posted 3 years, 11 months ago

Culp layed down in the street that night to die, and there is evidence that says so. People need to recoginze that CULP played a major role in his own death. Not only did he play a major role in his death, he selfishly brought an innocent victim into it. While Burke should have never left McDonalds, who is prepared to see something like that and knows how to react? He was scared and made a terrible decision, that is why he is serving a three years in jail.

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13boardmanneedschange(364 comments)posted 3 years, 11 months ago

the last two posts are HORSE S*@T. I know that kid too and this aint the first time hes driven drunk nor is it the first time he made a bad decision. Its the first time it couldnt get shoved under the rug because it left a dead body behind. The riverbend tavern owner who was selling drugs got a worse sentence than this kid. Our criminal justice system is BROKEN, someone needs to call in the feds or the attorney general to investigate this.

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14Westsider8(8 comments)posted 3 years, 11 months ago

It's a tragic accident that changed the lives of many people. There are some aspects of this case that fault multiple people. Burke was handed a sentence for fleeing the scene of an accident that involved a fatality. He was not charged with murder. The evidence gathered could not tell if the victim was dead before or after Burke came into contact with him. There is much stipulation, even stories saying that Culp was dead before Burke initially ran him over. Is Burke wrong for fleeing? I believe he made a bad decision. Is Burke a murderer? No. It's unfortunate for both families. One has to deal with a deceased family member. The other with a family member in prison for 3 years. All from an accident. Would adding more years change anything? Would it keep a killer off the streets? No.

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15walter_sobchak(1747 comments)posted 3 years, 11 months ago

If you are going down the road, at any time of day, and ther is a dog, raccoon, oppossum (dead or alive), pothole, old muffler, wouldn't you swerve to miss it? How do you run over an adult human, get it stuck, and keep driving for about 1/4 mile, go over an entry ramp and into a drive-thru and not know it happened? "Hey, buddy, I'm not sure but I think there's a dead guy under your car!" Obviously, the driver freaked out and left the scene because he was under the influence. Why wouldn't you jump out of the car and look? This was no accident but definitely a tragedy for both families. Very, very strange.

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16Lifes2Short(3867 comments)posted 3 years, 11 months ago

I don't agree with the sentence but we all know that there are tragic accidents that occur every single day. It happened, it's over and thats about it. Someone mentioned about 3 years for a human life, what about 30 days in the county jail for the Donte Stallworth accident in Miami and I'm sure if I look I'll find more ridiculous sentences around the good 'ole USA.

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17citizenx(9 comments)posted 3 years, 11 months ago

This is a tragic accident and two lives have been destroyed. The fact of the matter is that Mr. Culp DID lay in the middle of the road. Mr. Culp DID have a history of drug use and alcoholism and was kicked out of more than one bar that night. I have also heard that Mr. Culp made several attempts at ending his own life. I feel for Mr. Culps family. And it is tragic that he is no longer with us, but Mr. Culp should be held accountable for some of the outcomes that night. If Mr. Culp did lay in the middle of the road to end his own life, what about his selfishness. And if that was his intent he was cowardly not to do it himself, instead he brought an unwilling participant in to do it for him by laying in the middle of the road. Mr. Burke is a father with no history of violent crime. This is a sad case no matter how you look at it. Should Mr. Burke have left McDonald's? No. But none of us could say what we would have done in that state of panic. You wold like to think you would do the right thing and stop. But your body's instinct of fight or flight is so strong, you can't say how you would have reacted. I can only imagine the pyschological trauma Mr. Burke will live with the rest of his life. To me, that is punishment enough.

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18Nunya(1356 comments)posted 3 years, 11 months ago

@Stan

As usual you're full of false front nonsense,..

This is nothing less than the indefensible display of court corruption. That it indisputably is and has deplorably shown itself to me and everyone with sense knows it.

If I were to provide advice for the members of that victims family. I'd suggest swiftly contacting the the state attorney general and the federal U.S. department of justice about this.

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19citizenx(9 comments)posted 3 years, 11 months ago

@Nunya. Court corruption? Give me a break. The plea was accepted by both parties. Mr. Burke is paying a price for leaving the scene of a crime. The fact is none of us knows the full extent of the evidence provided to the judge because there wasn't a full trial, so you don't know all the facts to make that dramatic statement. Judge Evans, I am sure, reviewed all the evidence and based his decision on that evidence. If you don't like his decision, don't vote for him when he is up for re-election. But to stand up on a soap box annoymously on a forum and talk about court corruption. Maybe you need to go out and find something of your own to focus your life on rather than fantasical remarks on vindy.com. You don't have all the facts. None of us do. What you have are assumptions.

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20Nunya(1356 comments)posted 3 years, 11 months ago

Here's the deal,..

Where not to discount nor disrespect that not all will see this the same. But to allege vindication of the driver of that vehicle is beyond absurd and a confluence of ones own idiocy.

Where it's also to be noted that all you " mysterious " first time and initial entry syncopates

Trying to forge traction for your innocence insistent fact avoiding postulations identifies you as fraudulent freaks.

For which it's without question you're about as genuine as Faux fur on a pleather cloak and a few sizes too small,.. got that?

There was a murder committed and nothing personal in nature with regards to a victims life being taken is relevant.

See the record reflects that this wasn't a fight, attempted theft, long standing confrontation that came to a flash point or any of that.

Therefore such allegations of personal abuse be it drugs, alcohol or metabolically natural chemical imbalance doesn't support your stance.

The victim didn't jump on nor beneath that vehicle and there's no account that he did nor any revisionist line in the world that would obscure that.

There are LAWS emplaced to be adhered to that directly conflicts with the actions of that homicidal vehicle driver.

We all know what those laws are and only decent and innocent people adhere to them.

Those whom don't are criminal in act and nature and this is a case where it doesn't get anymore conclusive or callous than it reveals.

No way is a 3 year sentence that can and will be petitioned to be further reduced to nothing more than a tort laden trick.

Is a miscarriage of justice that in no way serves as commensurate culpability to criminal penalty of the indefensible act committed.

Not being one to mince words nor cower to any insidious crumbs.

With clarity and without hesitation nor uncertainty. By manner and mischief that prosecutor isn't worth his weight in rodent excrement and that alleged Judge is acted as a choreographed conduit to criminality in concert.

It's beyond question or opinion it's now documented record and I bet this isn't the only criminality they've crafted.

That victims family needs to contact higher and just authority and place this under review. Which is a pursuit of justice that could also serve as cumulative criminality. That could disbar both of those abominable tools of treachery.

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21Lifes2Short(3867 comments)posted 3 years, 11 months ago

nunya

shhhhhhh

http://www.amermanishouldturntobe.com...

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22Nunya(1356 comments)posted 3 years, 11 months ago

@citizenx

Listen here there you xenophobic X Box,..

I don't know either victim nor the culprit and I'm not in anyway bias in my deliberation. In allowing facts to be the self evidence of deliberating guilt, innocence, remorse and or respite.

Is a proven process of blind justice and that was violated with extreme bias and impropriety here,.. and you're welcomed to try presenting a perspective to the contrary.

See I respect and value justice as the measure to best formally exact measures of civil order as a deterrent too and punishment for criminal conduct.

To invoke law and judgment for the populous is a privilege and it's retained by noble merit. Which when that value is breached it weakens the unified embrace for all countrymen to subscribe to, believe in, support and uphold adherence to it.

See this is no personal vexation for me you vaudevillian variety vindikite I have values of human decency and honor. That are vows that I refuse to break for anybody and for the just in acts and deeds I stand with them.

So see I'm presenting sound facts and logic of both relevance and jurisprudence. That apparently has you humiliated finding yourself being justifiably skewered as such a recalcitrant rube. Who's being presented before the non pay to play populous for review. Whom are duly bearing witness to this one sided exchange of pitting right against wrong.

Which in way of calibrating the scale of justice in a manner of pit and the pendulum. This is so distinct, decisive and profound that you don't even like your position because you can't defend it. And you should be damn well ashamed as you are now,.. try that on cross.

Where in persona, prudence and position we notably differ so greatly. Which by your own presentation you're displeased with how easily I'm exposing and exploiting your posturing.

As nothing less than a glad handled, two bit, baseless babbler. That I'm of the position to counter for your being such a poor excuse for a propaganda proliferator,.. try soap boxing some of that.

See the fact is even aside from the initial contact of the culprit running over that individual. There was a verifiable vehicular assault committed by that driver consciously pulling off with being informed and thus then indisputably full well knowing.

That a human life was impinged beneath his vehicle and even left him later dislodged in conjunction with his fleeing,.. care to check that statute that governs THAT vehicular assault charge alone?

See this is the type of unblemished open and shut review, that such insidious acts of intolerable abuse warrants.

It's about awareness and it's regardless to who's positional or titled wrongs are deplorably trying to be depicted as right,.. now you ask the public for a verdict.

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23Nunya22(315 comments)posted 3 years, 11 months ago

I still feel this is crazy he will only serve 3 years over this.

How do we know he wasn't drinking or took some drugs that would of been out of his system by the time he turned himself in?

I didn't read this man laid in the street I read it is believed that he did. I don't like the wording of that makes it seem as if they are not really certain if that is true or not.

Well this is all in gods hands may that man rest in peace and I hope the family gets through this.

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24citizenx(9 comments)posted 3 years, 11 months ago

@Nunya

I'm really not sure what facts you are touting. Using big words doesn't make your rantings any more intelligent or coherent or impressive. Yes...believe it or not...I understand all of them. No one was homicidal. You rant like there was intent here and there wasn't. It was an accident. And Yes...by laying in the middle of the road - which there are witness who attest to this despite somes unwillingness to believe - Mr. Culp has some responsibility to the outcomes of these events.

Has it occurred to you that maybe the prosecution pleaded the case because they saw it as there best way to get a conviction? Because if Bryce Burke went on trial then by default Andrew Culp would also be on trial and his state of mind and actions that evening (whatever they were found to be) would be displayed because they had a direct impact on the outcomes of the evening.

There were wrongs on both sides of the aisle here. Andrew partook in actions that resulted in his death. Bryce Burke left the scene of an accident. He by no means intended to or set out or hurt Andrew Culp that evening. Either way you look at it, two lives and the lives of families were tragically altered that evening.

Accidents happen. To presume that justice is so black and white is nonsensical. No one is pitting right against wrong. Two wrongs occurred that night. A sentence has been handed down. No one “paid to play”. Your conspiracy theory is ludicrous. It is highly improbable that a long standing judge, a highly respected defense attorney and an up and coming prosecutor were involved in any type of illegal backroom deals to get a roofer involved an accident that resulted in the tragic death of another human only 3 years instead of 5. No one is going to throw there career away for that type of “deal”. Go sell your conspiracy theory to John Grisham because it’s not flyin’ here.

And call me any names you would like. Clearly with as many comments as you leave on vindy.com, this is your only source of entertainment.

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25yasky(18 comments)posted 3 years, 11 months ago

Here's the deal. On that fateful evening, Mr. Culp made a bad decision to lay on the road with passing cars. Maybe suicidal, maybe stupid, who knows. Mr. Burke was in the wrong place at the wrong time. Mr. Burke made a bad decison by not stopping at McDonalds and calling the police. Two young people's lives has been changed forever....one dead and one in jail......very sad.

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26L0L(607 comments)posted 3 years, 11 months ago

1. Culp got drunk and decided to lay down in the middle of a busy street.

2. Burke also got drunk that night and drover down the street.

3. Burke happened to be in the wrong place at the wrong time.

4. At McDonalds it was brought to his attention.

5. Being drunk, Burke got scared and fled.

Is Burke 100% to blame, no. He made a bad decision to drink and drive and another bad decision to leave the scene. He left because he was drunk. Bottom line. If Culp hadnt laid down in the street none of this conversation would be taking place. I am not saying any of it is right or wrong, just tragic.

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27L0L(607 comments)posted 3 years, 11 months ago

Saddad, I agree. But unfortunately Burke made the error in leaving the scene of an accident which is a law. Would Culp have lived? Maybe not. But we'll never know. Im not saying Burke was to blame for what happened. We all know he left because he was drunk. If he wouldve stayed he probably wouldve gotten charged with manslaughter. His fault? No. Bad judgement? Yes. But youre right. If Culp hadnt ignorantly involved someone else in his self destruction then none of this would be going on in the first place.

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28janitspace(92 comments)posted 3 years, 11 months ago

He should be punished for leaving the scene (McDonald's where he was made aware) while still dragging the body and it took about a week or so for him to come forward. Those two things show a callous disregard for life, period. I ran over a plastic milk carton in the street and I was aware that there was a foreign object lodged under my car, I cannot imagine dragging a whole person.

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29Lifes2Short(3867 comments)posted 3 years, 11 months ago

janitspace

"He should be punished for leaving the scene "

That is why he got 3 years. (One count of failure to stop after an accident resulting in death.)

...and it took about a week or so for him to come forward."

He turned himself in 2 days later.

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30Westsider8(8 comments)posted 3 years, 11 months ago

It appears that rational people understand the events of that night and are coping with them. Irrational people are trying to still plead their case and point the finger. I feel we should all put this behind us.
Regardless of the side you are sympathetic to, both men are suffering. My prayers go out to Mr. Culp's family for their loss. My prayers also go out to Mr. Burke and his family.

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31workinggirl(2 comments)posted 3 years, 11 months ago

I agree with Westsider8. Both families are hurting. This was clearly an accident on Mr. Burkes part. And it may have been accidental on Mr. Culps part. Did he pass out on the street or did he lie down on the street? The city streets in that part of town are dark at night and who drives down the street looking for bodies to dodge? Instinct would cause you to swerve if you saw something in the road. This is a very unusual case and a very sad case. One young man dead and another in prison. One life ended and one life changed forever. This is most definitely a case of being in the wrong place at the wrong time. I feel Mr. Burke is guilty of fleeing the scene and dragging the body from McDonald's. He is also guilty of leaving the body and not calling for help. I wish we knew more specifics. I also feel that 3 years is long enough in prison for this crime. Three years in prison probably doesn't go by as quickly as three years does for those of us outside with our freedom. What would change if you put him in prison for 10 years or 20 years? Mr. Burke is also serving a life sentence emotionally. He is not a hard criminal. This tragedy has obviously effected him. He is receiving couseling for it. I assume he will have nightmares for the rest of his life. Many of you that have posted your thoughts are probably guilty of going out and having a few drinks and then driving home. Perhaps it is your habit to even stop for some fastfood afterwards. Does that make you a criminal? It has made Mr. Burke a criminal. Let him serve his time and get on with his life. I pray that he can have a productive life once he is released and that something life altering comes from this. A decision you make today could shape the rest of your life. Be it positive or be it negative. Please don't be so quick to judge. The newspapers and television reports never disclose all of the details. Those are saved for the courtroom and this case never made it that far. My sympathy goes out to Mr. Culp's family also. We must remember that they too are victims. Not only at the hands of Mr. Burke but by the actions of their own loved one.

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