Grover acquitted of murder
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Tim Grover embraces family members Wednesday at Windham Superior Court in Newfane after being found innocent in the shooting death of James Kellom. JON OLENDER / RUTLAND HERALD |
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By DANIEL BARLOW Southern Vermont Bureau - Published: February 16, 2006
NEWFANE — A jury deliberated five hours Wednesday before acquitting Timothy Grover of second-degree murder in the shooting death of a Vernon man in November 2004.
The Windham Superior Court jury of nine men and three women returned an innocent verdict for the 41-year-old Brattleboro pub owner in the killing of James Kellom of Vernon shortly before 6:30 p.m., ending an eight-day trial marked by high emotion and inconsistent testimony from witnesses.
As the announcement was read in court Wednesday, the defendant's wife, Mary Beth Grover, began sobbing as she was hugged by friends and family members. Shortly after the decision, Grover told reporters the 15 months since the fatal shooting had been an "emotional rollercoaster."
"I'm feeling extremely grateful," he said. "But my heart really goes out to the Kellom family. The whole thing was tragic."
A woman believed to be one of Kellom's daughters burst into tears and ran outside the court building when the announcement was made. No other members of his family could be reached for comment.
Grover, the father of two children and the owner of Emil's Pub in Brattleboro, was charged with second-degree murder, a crime that carries a sentence of 20 years to life in prison. He was accused of shooting Kellom, a former part-time police officer in Vernon, on Nov. 7, 2004.
Jesse Corum, Grover's attorney, had argued that the shooting was justified because Kellom was about to use a baseball bat to strike the "final, fatal blow" to the head of James Cleveland, a Grover family friend and one of Kellom's neighbors on Homestead Way in Vernon.
Grover testified Tuesday that that he told Kellom to drop the bat several times before shooting the 52-year-old man once in the chest with a .22-caliber pistol. He added that Kellom had already knocked Cleveland's wife to the ground and was about to kill his friend.
The fatal shooting was preceded by an argument among the three men over the speed and loud exhaust system of a truck belonging to Travis Grover, Timothy Grover's teenage son who was dating Cleveland's daughter.
During closing arguments Wednesday morning, Corum described Kellom as a "raging maniac" who was intoxicated and distraught that he had learned that medication would be needed to treat his diabetes days earlier.
"If Tim Grover had walked away, I submit to you, ladies and gentlemen, that Jamie Cleveland would be dead and James Kellom would be here today, facing a murder charge."
Windham County State's Attorney Dan Davis, who prosecuted the case after a grand jury indicted Grover in December 2004, stated during his closing argument Wednesday that Grover had ways to stop the fight other than using deadly force.
"What Mr. Grover did … is take the life of James Kellom with one shot," Davis said. "This is a man who has experience with handguns and is a very good shot."
Much of the focus during the trial, which began Feb. 6, was on inconsistent statements by Grover, Cleveland and a few others regarding the final minutes leading up to the fatal shooting. Grover and Cleveland both gave statements to investigators that differed from their testimony before the jury.
Davis stated that Grover began telling a different version of the day's events only after consulting with his father, a former police chief in Hinsdale, N.H.
On Wednesday, Davis played parts of a video of Grover, his wife and his father discussing the case at the Vermont State Police's Brattleboro barracks just hours after the shooting.
"You have to ask yourself, why did his story change?" Davis said. "It's because of conversations with his father in the barracks before being interviewed by the detectives."
Corum categorized the differing statements — on Cleveland's alleged injuries during the scuffle with Kellom and on whether he was about to be struck with the bat when Grover fired — as "minor inconsistencies" related to the high stress of the situation.
Davis said he was disappointed with Wednesday's verdict, but said the jury was attentive to the evidence.
"It's the jury's decision," he said. "But I believe it is the Kellom family that is really disappointed."
Judge John Wesley asked members of the three families in the courtroom to keep their emotions in check once the verdict was announced. Members of the Windham County Sheriff's Department escorted some family members back to their homes after the verdict.
A civil case filed by Kellom's family accusing Grover and Cleveland of negligence in Kellom's death is still pending.
Contact Daniel Barlow at daniel.barlow@rutlandherald.com.
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