Joseph L. Schaar sentenced for incident that resulted in Strasburg man losing leg
PHILADELPHIA — A 21-year-old Sherrodsville man will serve at least 20 days in jail for crimes committed in an Aug. 26 incident in Strasburg that culminated in a shooting that cost Floyd Kaiser his leg.
Joseph L. Schaar pleaded no contest Wednesday in New Philadelphia Municipal Court to charges of assault and underage consumption of alcohol. He was 20 years old on Aug. 26, when the crimes occurred outside the victim's home.
As part of a negotiated plea agreement, Strasburg Prosecutor Steven Anderson dismissed a criminal trespassing charge.
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After finding the defendant guilty of assault and underage consumption, Judge Nanette DeGarmo VonAllman sentenced Schaar to 180 days on each charge. She suspended 180 days of the sentence for underage consumption, and 90 days of the sentence for assault. Schaar is to spend 20 days in the Tuscarawas County jail and another 10 days on a work crew for the city or the sheriff. Service of two remaining jail segments, 30 days each, can be avoided if Schaar complies with terms of two years' probation. The judge ordered him to pay court costs and a $100 fine on each charge within 30 days. He must perform 100 hours of community service and avoid contact with Kaiser. The judge ordered Schaar to receive counseling for anger and alcohol through an agency approved by the probation office.
Anderson gave this account of the incident: At 6:21 p.m., Schaar went to Kaiser's home at 334 Third St. SW in Strasburg with his friends after drinking alcohol. They were there to see Kaiser's son. Kaiser asked them to leave, but they did not. Kaiser reached into the visitors' car. Schaar started punching Kaiser in the face, got him on the ground and started hitting him on the ground. The beating caused severe injuries. The victim's son, Zach saw what was happening. He went into the house, grabbed a gun and tried to pistol-whip Schaar.
"The gun went off and a bullet went through Mr. Schaar's right shoulder, went through Mr. Kaiser's stomach and into his femoral artery," Anderson said. "What he's told me is that he no longer has a leg. And that has seriously impacted his life."
Defense attorney Matt Trissel said the incident was out-of-character for his client.
"Obviously, he made the mistake going over there," Trissel said. "This was an isolated incident that does not define what his character is. He's not a fighter. He's a soft-spoken individual. He is a big teddy bear. I can assure you that he is remorseful. This has been weighing on him heavily based on the unfortunate outcome for Mr. Kaiser.
"No one intended for this to happen, the gunshots, the ricocheting of the bullets, I don't think anybody could have forseen what happened, the unfortunate situation with Mr. Kaiser's leg," Trissel said. "His intentions weren't to fight. But he didn't handle the situation appropriately and it turned out that way."
Schaar said he went to the Kaiser home with two friends to talk to Floyd Kaiser about Zach.
Trissel made a request to have Schaar serve his jail time in two 10-day segments so he could keep his job.
VonAllman refused.
"He would like to keep his job and Mr. Kaiser would have liked to have kept his leg, I'm sure," she said.
Trissel said Schaar needs to keep working to pay fines and court costs.
The prosecutor did not seek restitution. He said Kaiser's insurance paid his medical bills and that he had received money from the Ohio Attorney General's Office. Kaiser did not appear in court, but was present in the building during the plea and sentencing.
Reach Nancy at 330-364-8402 or nancy.molnar@timesreporter.com. On Twitter: @nmolnarTR
This article originally appeared on The Times-Reporter: Man sentenced after pleading no contest to crimes related to shooting
