Grimm given maximum for attempted murder

Brian B. Grimm was given the maximum 15 year sentence for attempted first-degree murder after he was found guilty of trying to run over his roommate with his car.

Grimm, 60, of Culdesac, was convicted March 19 of attempting to kill Michael S. Dranichak. He was sentenced Monday by 2nd District Judge Mark Monson at the Nez Perce County Courthouse to 15 years fixed, meaning that he will serve the entire sentence before being released. He was given credit for 434 days served for his time at the Nez Perce County Jail. Grimm was also ordered to pay a $5,000 fine to Dranichak, $245.50 in court costs and given a 15-year no contact order with Dranichak.

Grimm was scheduled to be sentenced June 21 but his public defender Rick Cuddihy noted several issues with the presentencing investigation report so Monson moved the sentencing date to allow for changes.

Grimm was then set to be sentenced Sept. 20, and in that hearing Grimm wanted David Whitecotton to attend the hearing and speak as a witness on his behalf. Whitecotton is also incarcerated at the Nez Perce County Jail for felony DUI, a persistent violator enhancement and five misdemeanors. Monson didn’t want Whitecotton to attend the sentencing and overburden jail staff with transporting him and Grimm. Cuddihy didn’t want Whitecotton to speak as a witness because it would allow for cross examination by the prosecution. Instead Cuddihy asked that Whitecotton write a letter of support.

At that hearing Sept. 20, Monson also noted that Whitecotton filed several documents on Grimm’s behalf as an “advocate” but he struck those from the record because Whitecotton isn’t a licensed attorney. Whitecotton is representing himself in his own criminal case and was present by Zoom from the jail for the sentencing.

Whitecotton also filed a motion for a new trial and Monson allowed that to be filed because he considered that a request from the defendant. However, he denied the motion for a new trial and told Grimm he could appeal or seek post-conviction relief after sentencing. He also asked that other motions be filed through his qualified public defenders, Cuddihy and Joe Schumacher.

Nez Perce County Deputy Prosecutor Kali Jo Parker summed up the facts that were presented at the trial. Dranichak was Grimm’s roommate and had been refusing sexual advances from Grimm. Then on July 21, 2023, Dranichak and Grimm went to the store and then Grimm left without Dranichak. Dranichak made his way home and then Grimm arrived with his dog. Dranichak was angry and told Grimm he was leaving and wanted Grimm to be gone for two days while he packed up his belongings. Grimm then ran Dranichak over three times, one that flung Dranichak “like a rag doll.”

Dranichak wasn’t present to give a victim impact statement and didn’t write a statement, but offered comments during the presentencing investigation report.

Even though Dranichak didn’t have serious injuries, Parker noted the incident did impact him. She said that he moved away to New York and has struggled with homelessness. He has mental stress and pain from a herniated disc that might need surgery.

“He thought he was going to die that day and Brian Grimm was going to kill him,” Parker said about Dranichak.

She noted in the presentencing investigation report that Dranichak said he isn’t Grimm’s first victim and won’t be his last.

“The defendant has murdered someone before,” Parker said.

Parker highlighted his 1996 murder case where he killed his roommate, 47-year-old David Miller. He was convicted by a jury in 1997 of second-degree murder. She said in that case Grimm kept changing his story of how the incident occurred.

“The way the defendant behaved in 1996 is a mirror image of how the defendant behaves in this court,” Parker said. “Brian Grimm is still dishonest and he hasn’t taken any accountability. This is a pattern of behavior.”

Parker noted a case from 2018 where the Nez Perce County Sheriff was called to the home of Grimm and Dranichak. Dranichak said he refused sexual advances from Grimm and Grimm was angry and hit him 12 times with a soda bottle. Grimm was then charged with disturbing the peace.

Parker outlined how Grimm has roommates, they reject him, he gets angry and kills, or in Dranichak’s case, attempts to kill. She said Grimm needs the maximum penalty as a deterrent for when he is released, “if he takes another roommate.”

Parker highlighted other areas in the presentencing investigation report that showed inconsistent statements from Grimm and victim blaming. The report also stated Grimm was a high risk to reoffend and recommended a prison.

Cuddihy noted in his argument before the court that he still had issues with the presentencing investigation report, even though it had amendments.

He noted that when Dranichak was living with Grimm, Grimm was the one who was working and paying for the home. Cuddihy questioned why Dranichak remained in the home after the incident in 2018.

Cuddihy said it’s not known how the incident started that led to Grimm hitting Dranichak with his car. He argued that Dranichak was the aggressor and was physically bigger and stronger than Grimm. He said Grimm had been victimized by Dranichak.

“I’m not condoning what Mr. Grimm did but we all know when you have a bully on the playground, people do reach a tipping point,” Cuddihy said.

He asked that Grimm be released on probation after serving more than a year of jail time.

Grimm made a lengthy statement before the court before the sentencing. He asked for a new trial based on new evidence and said Idaho’s stand your ground laws were in his favor in the incident.

“I did nothing wrong,” Grimm said. “I’m innocent. I was the person that was attacked.”

Grimm also referenced his previous conviction and stated that the case was also an issue of self-defense.

Grimm alleged that Dranichak and others were trying to kill him by placing items in his car. He accused prosecutors, Dranichak and witnesses of telling “complete lies” at the hearing and at the trial. He also said Dranichak’s statements about repeated sexual advances were made up.

“I can go out and get about anybody I want to. That’s not me bragging” Grimm said, adding that he didn’t like Dranichak or want sexual favors from anyone.

He said he didn’t try to run over Dranichak, who had no injuries other than a scratch on his leg, and was trying to drive away. He also told Monson he was trying to park and didn’t run over anyone.

“(Dranichak is) the person the state claims to be the victim,” Grimm said. “I’m the victim.”

Grimm alleged that Dranichak abused him then would say he was moving out, then stay. He also said he was victimized because he wasn’t able to attend his parents’ funerals, who died while he was being held in jail, which was his greatest regret for what happened.

Monson addressed Grimm in the courtroom saying that Dranichak could have received worse injuries, but there was still an impact to the victim. He said that it was fortunate this case didn’t result in another murder. He noted there were similarities in the two cases where Grimm “responds with violence” with his roommates. Monson said that a sentence of imprisonment was the only way to deter Grimm, especially given his previous murder conviction.

Although Monson acknowledged Grimm believed his actions were justified, Monson said he couldn’t find any grounds that rationalized the conduct. He understood Cuddihy’s argument about the relationship between Grimm and Dranichak coming to a physical confrontation but “in this case, the tipping point neared murder.”

When Monson asked Grimm if he had any legal cause why judgment shouldn’t be pronounced, Grimm responded that he didn’t know why the jury found him guilty. He said he didn’t take the stand because Cuddihy said it wasn’t in his best interest, but Grimm wanted the jury to hear his side of the story.

“I think you should find me not guilty of the crimes,” Grimm said.

Monson told Grimm of his rights to appeal the case and that he recognizes that Grimm disagreed with the verdict. He said that he would keep Cuddihy as public defender until Cuddihy filed a notice of withdrawal. Monson noted that was the best course of action with the changes to the public defender system because he didn’t want Grimm’s case to be “lost in the shuffle” in the changeover.

Brewster may be contacted at kbrewster@lmtribune.com or at (208) 848-2297.