Ex-YSU football player gets probation, jail in bar assault
YOUNGSTOWN — Dominique W. Julius, 20, a former Youngstown State University football player who was expelled from the university after he was charged with felonious assault in a Feb. 11 incident outside of a downtown bar, was sentenced to two years of probation Tuesday, including the first 30 days in the Mahoning County jail.
At the end of the hearing before Judge R. Scott Krichbaum of Mahoning County Common Pleas Court, Julius was handcuffed and taken to the Mahoning County jail.
He pleaded guilty last month to a lesser offense of aggravated assault and could have gotten as much as 18 months in prison. But the victim in the case has not cooperated with prosecutors, did not attend the hearing and has not provided prosecutors with information on how he has progressed in his recovery from hitting his head on a curb in front of the Social Bar and Tapas after Julius assaulted him.
Tony Meranto, Julius’ attorney, took the step of playing a surveillance video for Krichbaum so he could see the things Julius did that night and the actions of the victim because Meranto has said the Youngstown police report on the altercation did not accurately describe the actions of the victim.
The video shows Julius walking around the side and back of a car in the street and approaching the victim close to the front of the car and pushing him in the back.
A light pole obscured the view of the push and what happened next. But Rob Andrews, assistant county prosecutor, said he agreed with Meranto that it shows Julius pushing the victim in the back.
And when the victim got up from the push, the victim “squared up to” Julius “face to face, then the defendant hit him,” but Andrews said he could not tell from the video whether the victim took a “fighting stance.” Then Julius punched the victim, who fell and hit his head.
A police report states that the victim fell unconscious and was bleeding profusely, but Andrews said he does not know how seriously injured the victim was because the victim has not talked to prosecutors. The victim did not attend the hearing.
Andrews said he agrees with Meranto that the victim also appears to have added fuel to the confrontation before any push or punch by saying something or just “making some gestures.” The judge said he thinks they can agree the video shows that the victim “agitated the situation.”
The judge asked “What would you do if someone came around and pushed you from behind? You would probably have to turn around and square up.”
“Yes,” Andrews agreed.
“Or run away. You’ve got two choices, I guess,” the judge added.
At Julius’ plea hearing, Krichbaum asked Mike Rich, another assistant prosecutor, if details of the incident in a police report falsely suggested that Julius assaulted the victim “gratuitously for no reason whatsoever.”
Rich said, “Yes, it was clear on the video that the victim was jawing toward the defendant and other individuals. He wasn’t just standing there innocently.”
Rich also said he “made numerous attempts to contact this victim to discuss the case with him,” but Rich had not heard back.
The judge told Julius the video does show that prosecutors were correct in charging him because of Julius’ “initial act of walking around the car and pushing this guy from behind is what caused the physical confrontation.” His actions “escalated” the situation, the judge said. “The fight was on once you pushed him from behind.”
The judge added that this type of behavior is harmful. It “has the potential to ruin downtown Youngstown. People don’t want to come down here if they’re afraid this kind of thing happens. Part of my job is to make an example. Actually, it’s right in the purposes and principles of sentencing, to teach people you can’t do stuff like this. There’s a consequence.”
The judge said it was fair to reduce the charge from felonious assault to aggravated assault “because the victim is also responsible.”
He added that as an “athlete at Youngstown State, you represent the university wherever you go and you can’t let this happen.” He said it also reflects poorly on his teammates and the university.
At the end of the hearing when Krichbaum announced the 30 days in jail, he said it was “so that an example can be made of this.”
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