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Noble County man says his gun license was wrongly revoked

Jim Grimes is a veteran and a gun owner. But he said his constitutional rights were taken away.

Posted: Nov 28, 2018 11:05 PM
Updated: Nov 29, 2018 6:13 AM

NOBLE COUNTY, Ind. (WFFT)- A Noble County man said he wants his life back after his gun license was revoked in 2007. 

Jim Grimes is a veteran and a gun owner. But he said his constitutional rights were taken away. 

"On April 27th, 2006 I was taking my mother over to visit my sister when we were rear-ended twice by the same uninsured, unlicensed motorist," Grimes said. 

That motorist was Dustin Swartzlander. Grimes said he pulled to the side of the road and saw Swartzlander get out of his truck and pull something wrapped in cellophane from the backseat before running into the woods. 

A meeting Grimes had with Swartzlander later revealed that cellophane package was a quarter pound of marijuana, but in the moment, Grimes wasn't sure and was worried about his mom, who hit her head on the dashboard in the crash. 

"I only saw it for a split second, but I thought it was an explosive device and that's why I elected to stop him," Grimes said. 

Swartzlander did not reply to a request to be interviewed. 

Grimes pulled his gun and fired a blank, warning shot into the air, performing a legal citizens arrest. 

"The law says that, as a gun owner, I have the legal right to stop a crime in progress," Grimes said. 

A passing driver called 911, but when police arrived, they arrested Grimes for pointing a firearm-- a class D felony. He was later acquitted. 

A jury foreman explained in a 13 page letter to the judge Grimes was acquitted due to former prosecutor, Steven Clouse, not having an adequate witness testimony, and police not thoroughly investigating the crash. 

"I was acquitted and the State Police just decided, 'Well, we can ignore that law and we'll go a different way,'" Grimes said. 

When Grimes tried to get his gun license back, Indiana State Police denied him. In August of 2007, he was deemed unfit to carry a firearm. 

Steven Clouse refused an interview, and said on the phone he didn't make the decision to revoke Grimes' license to carry. In a letter to ISP he said he had discussed the revocation with former Major Jerome Ezell.

The two not only used the 2006 incident as evidence for revocation, but another incident from 2004. 

"Here again, I was rear-ended. Some kid tried to run me off the road because he didn't want me to pass him," Grimes said. 

Grimes said he was armed at the time, but did not draw his weapon. 

"They used that against me because I had a gun with me at the time," he said. 

Grimes said using that past incident is a violation of the fifth amendment, preventing anyone from being tried for the same case twice. 

Now, he feels stuck, and said no lawyer will help him. 

"They'll tell me, 'Yeah, what they did was absolutely illegal. They broke federal laws, they broke state laws, but Jim, there's nothing you can do about it.'"

Greg Rice, a friend of Grimes, said he didn't believe him at first, but then he did more research. 

"What they did to him, according to what I saw, was wrong. It doesn't take a law degree to show where someone is lying, where someone is fabricating evidence, falsifying evidence. It takes no law degree. It's simple," Rice said. 

Major Jerome Ezell said on the phone Grimes went through an administrative hearing and the revocation was legal. 

Noble County Prosecutor, Eric Blackman, is the man who got Grimes' gun back. 

"It does appear that this administrative hearing took place and that the finding was that Mr. Grimes' handgun permit should be revoked, but that there was also a provision for an appeal of that, which apparently was never taken," Blackman said. 

But, was there a violation and an abuse of power? 

"That's hard to say because there was a procedure that was followed... That does seem to have a lot power," Blackman said. 

Grimes said, at this point, he wants those he feels wrongly punished him to be tried appropriately. 

Indiana Coronavirus Cases

Data is updated nightly.

Cases: 918230

Reported Deaths: 15011
CountyCasesDeaths
Marion1252491952
Lake623371084
Allen52301746
Hamilton43009443
St. Joseph41155584
Elkhart32831485
Vanderburgh29698436
Tippecanoe26442247
Johnson23106414
Hendricks21708338
Porter21255340
Clark16988222
Madison16899378
Vigo15562272
Monroe14186190
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Delaware13613215
Howard13531258
Kosciusko11150134
Hancock10534159
Warrick10431174
Bartholomew10233166
Floyd10099202
Wayne9557216
Grant8858194
Morgan8654158
Boone8231109
Dubois7521123
Henry7391126
Dearborn734186
Noble7208100
Marshall7168127
Cass7060117
Lawrence6803150
Jackson638980
Shelby6386106
Gibson5999105
Harrison587984
Huntington586490
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Posey351841
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Pike200938
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Crawford140818
Benton138316
Newton138141
Brown130646
Martin124416
Switzerland122310
Warren112616
Union92211
Ohio75811
Unassigned0461

Ohio Coronavirus Cases

Data is updated nightly.

Cases: 1319265

Reported Deaths: 21265
CountyCasesDeaths
Franklin1480641537
Cuyahoga1311202313
Hamilton948871307
Montgomery647451122
Summit548531041
Lucas49502853
Butler45993649
Stark39954963
Lorain30438525
Warren29170326
Mahoning25988629
Clermont24726278
Lake24088411
Delaware21722140
Licking19822239
Fairfield19780218
Greene19671266
Medina19208285
Trumbull19195506
Clark17188321
Portage15585224
Richland15540228
Wood15187208
Allen13654254
Miami13283244
Muskingum11821148
Wayne11448234
Columbiana11100239
Tuscarawas10388264
Marion10273144
Pickaway10162128
Scioto9766124
Erie9479170
Ross8979172
Lawrence8225116
Hancock8105140
Ashtabula8083184
Geauga7976155
Belmont7791183
Jefferson7093168
Huron7087125
Union703549
Washington6823116
Athens666163
Sandusky6608132
Darke6394135
Knox6308120
Seneca6113135
Auglaize569888
Ashland5631110
Shelby555799
Mercer545188
Brown533067
Defiance5278100
Madison527368
Crawford5148113
Highland514876
Fulton508781
Clinton505379
Logan494582
Preble4788110
Putnam4733106
Guernsey439057
Williams437281
Champaign426463
Ottawa425783
Perry414051
Jackson402259
Pike367140
Morrow359149
Fayette353951
Coshocton345064
Hardin341868
Adams338864
Gallia329254
Holmes3148107
Henry312668
Van Wert299269
Hocking280467
Wyandot271858
Carroll250451
Paulding231742
Meigs197842
Monroe178649
Noble160340
Morgan153528
Harrison145740
Vinton130217
Unassigned05
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