Man who pulled the trigger in October drive-by shooting sentenced to 11 to 14 years

NEW PHILADELPHIA ‒ The shooter in an October drive-by shooting in New Philadelphia has been sentenced to 11 to 14 years in prison for his role in the crime.

"You made a horrible decision," Common Pleas Judge Michael Ernest told Gavin T. Kurtz, 20, of New Philadelphia, before imposing the sentence on Tuesday. He said Kurtz had shown a complete disregard for human life in the early morning hours of Oct. 23, 2023, when he fired at three people standing on a porch in the 700 block of East High Avenue.

"I don't know what you were possibly thinking. You clearly were not thinking of these people who love you and care about you," the judge said, referring to family members who were present in the courtroom for the hearing. "And you weren't thinking about those people on the porch."

No one was injured in the shooting.

Kurtz was charged with one count of attempted murder, a first-degree felony, with a five-year drive-by shooting gun specification and a three-year gun specification; felonious assault, a second-degree felony, with a five-year drive-by shooting gun specification and a three-year gun specification; and improper handling of firearms in a motor vehicle, a fourth-degree felony.

Guilty plea: Key suspect in New Philadelphia drive-by shooting pleads guilty to all charges

He pleaded guilty to those charges in March.

Six other people were charged in the case ‒ Riley P. Adams, 19, of New Philadelphia; Xavier L. Schott, 21, 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.

The other suspects have also been charged with attempted murder and felonious assault. Several have also been charged with improper handling of firearms in a motor vehicle.

Adams pleaded guilty to the charges in February and has been sentenced to prison. Schott pleaded guilty in April and will be sentenced on May 28. The other defendants are awaiting trial.

Facts of the case

Before sentencing, Prosecutor Ryan Styer summarized the facts in the case. "On Oct. 23, 2024, Gavin Kurtz made a horrible decision, that is essentially to go along with the crowd here. He ended up being the one holding the gun when this went down."

Some of the other suspects in the case had a grudge against the intended victim of the shooting, Styer said. They gathered at Kurtz's apartment, where "ultimately they ended up putting together a plan, a plan that essentially involved using Gavin Kurtz's gun. Gavin Kurtz was one of the very few codefendants who had a good job, and really a good life ahead of him, by all appearances."

They drove by the house of the intended victim twice. On the second trip, Kurtz fired two shots at the house, the prosecutor said. "It was a drug-fueled, alcohol-fueled shooting. And I will say this, it is unfortunate that Mr. Kurtz really was pulled into this and roped into being the most responsible one here, the one who pulled the trigger, because he seemed to have a lot of things in place in his life."

Expression of remorse

He noted that Kurtz wrote a letter to Judge Ernest expressing remorse for his actions. "I would say the maturity expressed in that letter, the clear-headedness expressed in that letter, the contrite nature, the remorse expressed in that letter cannot be faked," Styer said. "I don't know that I've read a letter like that in my years as a prosecutor. So, it's absolutely unfortunate."

The prosecutor added that Kurtz was fortunate that no one died. One of the bullets went through the front door of the house and two walls before coming to rest on the kitchen floor. A resident of the house was in bed at the time. Normally, he is sitting in a chair in the front room and might have been hit by the bullet.

Styer said the purpose of sentencing is to punish the offender and protect the public from future crime, not only by the offender but by others. "There's been a lot of firearm crime in our community. It seems like it's more prevalent now than it ever has been. A lot of that is drug-fueled, and that's what we have in this case."

Kurtz's apology

Given a chance to speak, Kurtz apologized for what happened. "It was as simple as me just not pulling that trigger, and we wouldn't be here. I want to apologize to the victims for putting them in that state of fear." He also thanked his family members for their support.

Judge Ernest ordered that Kurtz be placed under 2 to 5 years of post-release control once he gets out of prison. The gun used in the shooting will be surrendered to the New Philadelphia Police Department.

Reach Jon at 330-364-8415 or at jon.baker@timesreporter.com.

This article originally appeared on The Times-Reporter: New Philadelphia drive-by shooter sentenced to 11-14 years in prison