In The Press : Miscellaneous Cases
Attempt to run over troopers denied
Attorney claims suspect was unaware of officers
The Patriot News
Thursday January 29, 2009
By Matt Miller
Of Our Cumberland County Bureau
“We adamantly disagree with the commonwealth’s position on the aggravated assault charges,” Barrouk said. “He never intended to strike a police officer. He was unaware that a police officer was behind his vehicle.”A Cumberland County man who was shot and wounded by two state troopers at the end of a high-speed chase wasn’t trying to endanger the officers when they opened fire, according to his attorney.
Joshua M. Grimes, 27, of Lower Frankford Twp., who is charged with crimes including drunken driving and aggravated assault, didn’t even know that the troopers were near his sport utility vehicle, defense attorney Tim Barrouk said in an interview Wednesday.
“We adamantly disagree with the commonwealth’s position on the aggravated assault charges,” Barrouk said.
“He never intended to strike a police officer. He was unaware that a police officer was behind his vehicle.”
Police said the troopers fired as Grimes backed toward them after they had chased him for 11 miles at speeds of up to 90 mph on back roads in the county’s western reaches.
The chase began at Routes 11 and 233 in West Pennsboro Twp. around 11:30 p.m. Nov. 30 when Grimes, who had a drunken driving conviction in 2006, fled a sobriety stop, police said. The shooting occurred at Grahams Woods and Enola roads.
District Attorney David Freed was skeptical of Barrouk’s claim that Grimes didn’t deliberately endanger the officers.
“The only reason that [Grimes] wouldn’t have known the police were there was that his level of intoxication was so high,” Freed said. “My review of the evidence shows a clear intent” by Grimes to harm the troopers.
Freed ruled in December that the troopers were justified in shooting Grimes because they believed they were in danger of being injured or killed.
Police said Trooper Rodney Fink shot Grimes as Grimes backed toward him while Cpl. Daniel Diehl shot a tire on Grimes’ SUV.
Barrouk said his client isn’t contesting Freed’s conclusion regarding the justification for the shooting.
Instead, Barrouk said he is concentrating on fighting the criminal charges, which also include reckless endangerment, fleeing police, resisting arrest, simple assault and numerous traffic offenses.
District Judge Vivian Cohick ordered Grimes to be tried in county court on those counts after a preliminary hearing Friday.
Grimes is in county prison in lieu of $100,000 bail.
Barrouk declined to discuss other aspects of the case, including why Grimes allegedly fled the police.
Grimes spent more than a month in Penn State Milton S. Hershey Medical Center after being shot, Barrouk said. He said it is too early to tell if Grimes has suffered permanent injuries.
Testimonials
December 9, 2008 Dear Justin: I hope this letter finds you well. I wanted to take a moment to tell you how much I enjoyed seeing you last week at our DUI seminar in Atlanta, and to thank you for always being so unselfish with your time and knowledge of DUI defense when we get a chance to visit. It has been a real pleasure getting to know you over the past few years. Ever since meeting you at one of our National College of DUI Defense seminars, I have come to find that although we are privileged to be part of such a small, prestigious group of truly accomplished and nationally known DUI attorneys, you are one of the more innovative and respected among their peers inside this very select group. Thank you for sharing your defense strategies and your overall knowledge on how to beat these very difficult cases. As one very well known DUI attorney said, “If it were easy, everybody would be doing it.” But we know that the vast majority of attorneys simply are not capable of winning these cases. Well, now I know why you do win so many. I learned more from you last week in Atlanta from our discussions on our private list-serve on how to beat a DUI than I have while spending over $15,000.00 a year traveling to these high priced expert seminars. I always enjoy seeing you, and I rest easy knowing that if nothing else, as long as I get some time to visit with you, I will always leave our seminars a much smarter attorney than when I came. Great seeing you! Thanks again for your fine company and your expertise on how to beat these seemingly unbeatable cases! Sincerely, Christopher H. Cessna
- Attorney Christopher Cessna, Owner/Attorney, Cessna Law Office, LLC.
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