Trooper who fired says his life was at risk

An SUV driver, who was shot in the chest, was backing up in his direction after a high-speed chase, he testified during the man's trial.

The Patriot News

August 11, 2009

By Matt Miller

Of The Patriot News

State Trooper Rodney Fink said he was in mortal danger when he shot and wounded a driver after a chase in Cumberland County in November.

Joshua Grimes tried to back into him after he had rammed Grimes’ Ford Explorer off the road, Fink testified Monday.

“The vehicle started moving toward me,” he told a county jury during Grimes’ trial on aggravated assault and other charges. “I began firing … because I thought I was going to be run over and killed.”

Chief Deputy District Attorney Michelle Sibert said Grimes intended to hit Fink, who had tried to stop him on suspicion of drunken driving.

*But defense attorney Tim Barrouk said Grimes, 27, who was wanted on criminal warrants, was trying to get away and didn’t want to harm anyone.*

*Grimes, of Lower Frankford Twp., who was shot once in the chest, didn’t know Fink was behind his vehicle, Barrouk said.*

He also questioned whether Fink ordered Grimes to surrender before opening fire and whether Fink was in peril when he pulled the trigger.

*Barrouk noted that the three shots Fink fired struck the driver’s door of Grimes’ Explorer, and he questioned how they could have been fired from behind the vehicle.*

“I was clearing the rear of the vehicle as I was firing,” Fink said. “Everything happened very quickly.”

A video of the 10-minute chase shot from Fink’s cruiser showed Grimes weaving on narrow country roads. The pursuit began around 11:30 p.m. Nov. 29 on U.S. Route 11 near state Route 233 in West Pennsboro Twp. It ended at Grahams Woods and Enola roads.

Grimes used his turn signal almost every time he made a turn as he sped away from the officers.

State police Cpl. Daniel Diehl, who was with Fink, said Grimes exceeded 90 mph at times. The chase ended when Fink rammed the Explorer off the road.

Diehl said he and Fink got out of their cruiser and fired as Grimes backed up. Diehl said he didn’t see where Fink was during the shooting.

The video showed the Explorer backing up and recorded commands by the officers for the driver to get his hands up and “get on your face.” Because of the camera angle, it didn’t show Fink, but showed Diehl shooting at the Explorer’s tires.

After the shooting, Grimes can be heard saying, “I’m hit; I’m hit.”

*Barrouk focused on a comment recorded during the chase in which Diehl swore at the driver and spoke of “tuning him up.”*

“That was just me being under stress, blowing off steam,” Diehl said.

Grimes, who spent more than a month in the hospital, also is charged with drunken driving, reckless endangerment, fleeing police, simple assault and numerous traffic violations. His trial is to resume today in President Judge Edgar B. Bayley’s courtroom.

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