Des Moines man says officer who cracked his ribs is 'time bomb'

Charles Edward Young believes the Des Moines police officer who fractured his ribs during an arrest is a "time bomb" who needs help managing his anger.

A jury on Tuesday found Young not guilty of assaulting Officer Cody Grimes during the March 20 encounter. The officer inflicted several knee strikes during the arrest that caused two rib fractures after Young slammed the door to his apartment and allegedly struck Grimes hard enough to transfer paint from the door onto the officer's boot and pant leg.

Jurors deliberated for approximately an hour before acquitting Young of the charge.

Defense attorney Darren Page told jurors in his closing argument that Young was the actual victim in the incident and that Grimes "beat the tar" out him.

"I think he's a time bomb just waiting to explode," Young, 61, said of Grimes. "I'm just lucky that this wasn't a Ferguson incident. ... This could have escalated like that."

Young, who testified that he served three years in the U.S. Army, referenced the fatal shooting of Michael Brown, an unarmed black man, by a white Ferguson, Mo., police officer in 2014.

Young's arrest attracted attention largely because of Grimes' troubled past, including an excessive force accusation in 2011 that led to a $75,000 payment by the city to end a federal lawsuit.

Des Moines police officer testifies about fracturing man's ribs

Grimes, 36, was fired from the department in 2014 after pleading guilty to a criminal mischief charge related to a domestic dispute with a girlfriend. But the Des Moines Civil Service Commission ruled the punishment was too harsh and reinstated him.

Young said he is speaking with attorneys about filing a lawsuit of his own, but no decision has been made. Young doesn't necessarily think Grimes should be fired from the city's 376-member police force. But Young said the officer's conduct should be reviewed independent of the department's internal review processes.

"I'll be honest with you, I hope I never encounter him again," he said. "I would be afraid for him to come and assist me in anything."

Des Moines Police Chief Dana Wingert found that Grimes used appropriate force during Young's arrest after an internal review that was finished in May.

The not guilty verdict does not invalidate that administrative review, Des Moines police Sgt. Paul Parizek said. The criminal case against Young would not have gone to trial if a judge did not believe there was probable cause to support the assault against a police officer charge, he said.

Parizek, the department's public information officer, said it was "a little dramatic" for the defense attorney to suggest to jurors that Grimes violently beat Young.

“His use of force went through a thorough administrative review," he said. "Had we come out of it with that opinion, there would’ve been discipline. We didn’t determine that that force was excessive.”

The incident unfolded around 2 a.m. after Young phoned for police assistance in kicking out a homeless couple who he invited to stay at his apartment. Young wanted them removed after the "female started some drama," he testified on Monday.

Grimes and Officer Sean O'Neill both testified that they decided Young would need to go to civil court to force the couple out of his home. Young became angry and told the officers to "get the (expletive) out of my apartment," then slammed the door as the two walked out.

Grimes told jurors that he used knee strikes after taking Young to the ground because the 61-year-old would not remove his hands from underneath his body. But Young testified that he could not follow Grimes' commands because his hands were stuck underneath him. The officer ignored his pleas, he told jurors.

Assistant County Attorney Dominic Anania, in his closing argument, said jurors should separate the testimony about the broken ribs and focus only on Young slamming the door.

"I don’t have to prove that the officer’s a great guy," he said. "I don’t have to prove that the officer didn’t fracture Mr. Young’s ribs. I don’t have to prove anything that happened after the door slammed."

But Page argued that Grimes overreacted to the situation. Young's profane yelling at the officers caused Grimes to "blow his top," Page said. The defense attorney also theorized that the paint markings on Grimes' clothing suggest that the officer actually stuck his foot in the door as he turned around to confront Young.

Young also faced a simple misdemeanor charge of interference with official acts that District Court Judge Gregory Brandt is expected to rule on. He could have faced up to a year in jail if convicted of the assault on a police officer charge.

Young said that he was evicted from his apartment following the criminal charges and his now living in temporary housing. He still experiences soreness from the injuries, he said.

"I really feel elated that it's over with, because it's taken a long time to get to this point," he said.