Man described as instigator of October drive-by shooting sentenced

Lina PortmanMay 29, 2024

1 3 minutes read

Xavier L. Schott, 21, of New Philadelphia, will spend seven to nine years in prison for his involvement in a drive-by shooting in October.
The state claims he was the instigator of the crime while the defense has questioned that claim.

NEW PHILADELPHIA ‒ A man who prosecutors say was the instigator of an October drive-by shooting in New Philadelphia has been sentenced to seven to nine years in prison.

Common Pleas Judge Michael Ernest imposed the sentence Tuesday on Xavier L. Schott, 21, of New Philadelphia.

Schott had initially been charged with attempted murder, a first-degree felony, with a five-year drive-by firearm specification and a three-year drive-by firearm specification; felonious assault, a second-degree felony, with a five-year vehicular firearm specification and a three-year firearm specification; attempted kidnapping with a three-year firearm specification; improperly discharging a firearm into or into a dwelling or school safety zone, a second-degree felony; and conspiracy, a first-degree felony.

In April, Schott pleaded guilty to an amended indictment of attempted murder with a three-year firearm specification and felonious assault with a three-year firearm specification. Because the state considered the two charges to be related offenses, he was convicted of attempted murder.

The shooting took place on October 23, 2023

The shooting occurred in the 700 block of East High Avenue in the early morning hours of October 23, 2023. Three people were sitting on the porch of a residence on that block when the occupants of a vehicle dark-colored, traveling eastbound, opened pull on them. The three people entered the house uninjured. Another resident was sleeping in the house at the time of the shooting. This person was not injured either.

Schott was not in the vehicle during the shooting.

Six other people were charged in the case: Riley P. Adams, 19, of New Philadelphia; Gavin T. Kurtz, 20, of New Philadelphia; John R. Hoopingarner, 20, of New Philadelphia; Robert D. Meek II, 19, of New Philadelphia; William Baldez, 20, of Dover; and Matthew M. Miller, 21, of Uhrichsville.

Adams, the driver, and Kurtz, the shooter, have already been convicted. The other suspects are awaiting trial.

Contrasting portraits of Xavier Schott

Before sentencing, the prosecution and defense presented contrasting portraits of Schott.

“He was the glue that held a lot of these people together,” prosecutor Ryan Styer said. “He was instrumental in planning and coordinating a botched drive-by shooting.”

Styer also said Schott had no remorse for what happened that night.

“I understand that Xavier is not the shooter, but I also think that this would not have happened without him, without him, without his determining role in his involvement, which he clearly minimized, in an almost absurd way” , said the prosecutor.

Schott's attorney, Christopher P. Delacruz, told the judge his client suffered severe abuse as a child.

“He grew up feeling insecure,” Delacruz said. “He became a follower through this, a person desperate to fit in, and playing a role in the events of the date in question. He liked to talk big to make up for his insecurities, and this is a consistent pattern . theme in this case.”

He noted that Schott, aged 12 to 17, was an active member of an area church, volunteering there and going on missions.

Of the shooting incident, Delacruz said: “How can you say there was a reasonable expectation that a plan could be carried out when everyone involved was using a lot of alcohol and methamphetamine or marijuana?”

He also questioned why the alleged mastermind (Schott) of the plan chose not to be in the vehicle to ensure the plan would be carried out. The attorney noted that Schott cooperated with police, providing them with the names of the shooter, driver and others in the car, as well as the make, model and color of the vehicle.

Delacruz asked the judge to consider leniency when imposing a sentence.

Schott chose not to speak.

“It’s total stupidity,” says the judge

In imposing the sentence, Judge Ernest said there was “utter stupidity” on the part of everyone involved in the shooting.

“This is happening in a neighborhood, a neighborhood of people who shouldn't have to worry about people driving down the street and shooting an automatic weapon at their house or near their house or even remotely near their house house,” the judge told Schott. “It disrupts the peace and stability that everyone could have at home.”

Lina Portman

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