BY JACKIE TAYLOR | January 12, 2021

Following the release of the original Kansas Bureau of Investigation (KBI) report garnered through a Request for Disclosure of Affidavit by the Linn County News from the Linn County District Court, the Linn County News is releasing the narrative from KBI Special Agent Robert Beabout concerning the crash that caused the death of Charlotte Grimes in Linn County on Sunday, Dec. 15, 2020.

Allen is being held in custody for charges of second-degree murder.

The lightly redacted copy of the affidavit of disclosure is being run in its entirety to give readers the background they need to follow the court case as it progresses through the channels. News personnel did not edit the copy, it appears as given to us.

The Linn County News has made a decision to begin publishing Disclosure of Affidavits on certain cases to give the public more insight into cases and decisions made by courts.

 

“IN THE DISTRICT COURT OF LINN COUNTY, KANSAS

 

“STATE OF KANSAS

Plaintiff

v.

JAMES ROCKY ALLEN

Defendant

 

“AFFIDAVIT

On December 15, 2020, at approximately 5 P.M., The Kansas Bureau of Investigation (KBI) was requested to assist the Kansas Highway Patrol (KHP) with an investigation involving a fatal traffic crash in the 1800 Block of Keitel Road in rural Linn County, Kansas. Around 3 P.M., the Linn County Sheriff’s Office (LNSO) and other first responders were notified of the crash. Upon arrival it was determined that seventy year old Charlotte Grimes had died of the result of the crash. Her son, James Allen admitted to Linn County Deputy Kyler Parscale that he was driving the other vehicle involved in the crash. First responders noted that Grimes appeared to have been operating a black 2014 Nissan Versa passenger vehicle and Allen was operating a black 1989 Chevrolet pickup truck. Allen’s head struck the windshield and requested an ambulance. An ambulance was dispatched and transported Allen to Overland Park Regional Medical Center for treatment. Due to a conflict of interest involving Grimes, KHP took over the crash investigation.

“As the KHP investigation progressed, members of the KHP Critical Highway Accident Reconstruction Team (CHART), who are highly specialized troopers who investigate fatality accidents, quickly determined that the vehicle driven by Allen intentionally struck the Versa. Evidence at the scene indicate the vehicle driven by Allen was north bound on Keitel Road and the vehicle driven by Grimes was south bound on Keitel Road. Allen decided to conduct a “three point turn” which can be described as a standard method of turning a vehicle around to face the opposite direction in a limited space utilizing forward and reverse gears. This maneuver is typically conducted when the roadway being travelled upon is too narrow for a U-turn. During the process of turning around, his pick-up truck struck a fence post on the west of the highway hard enough that the taillight cover was knocked off the pick-up truck. Once the turn was complete, Allen rapidly accelerated his vehicle and struck the rear of Grimes’ vehicle with such a force, the trunk of the Versa was pushed into the backseat. The Versa left the roadway and travelled through the fence on the west side of the roadway. Allen then drove his truck into the field and struck the Versa a second time on the passenger side at a perpendicular angle, commonly referred to as “T-Bone” impact. Based on the damage to the Versa, KHP estimates that the truck was traveling at highway speeds when it initially impacted the rear end of the Versa.  After the incident, Allen exited his vehicle and fled the scene.

“KBI Special Agent Robert Beabout spoke with Darrell Dilley and Weston Odell whom had stopped at the scene shortly after the collision. When they arrived, no one was around but Grimes, whom was unconscious in her vehicle. A short time later, Allen returned to the scene and identified himself as the driver involved in the collision. Odell stated that when Allen arrived on scene, he was driving a Dodge pick-up which was pulling a cattle trailer. Odell and Dilley both noted that Allen was not wearing any shoes when he stepped out of the Dodge, which was odd given the cold temperature. Odell and Allen were having a hard time obtaining a cell phone signal to call 911, therefore [asked] Odell asked Allen to call 911. However, Allen told them he did not know how to call 911. Odell described Allen’s demeanor as calm and thought it was odd that he never asked anyone if Grimes was ok.

“Allen was transported to the hospital via ambulance and treated. While being treated, he personally removed his I.V. and other medical equipment that was attached to his body to monitor his vitals. After removing the medical devices, he attempted to escape. He was stopped by hospital personnel and remained in the hospital until law enforcement arrived. Once Allen was medically cleared, he was released to KBI Special Agents Jeff Stokes and Steve Gillespie. Based on the evidence obtained from the scene, Allen was taken into custody and transported to the Bourbon County Jail. While transporting Allen to the Bourbon County Jail, Allen made unprovoked statements about being involved in the traffic crash and mentioned that he knew the EMS was working on a “lady”.

“On 12/16/2020, Special Agents Robert Beabout and Jeff Stokes interviewed Allen at the Bourbon County Jail. Beabout advised Allen of his Miranda Rights and Allen agreed to answer questions. During the course of the interview, Allen made the statement that he didn’t really remember what happened the day prior, but remembered being involved in a vehicle collision while driving his truck. He told investigators, “I had a lot done before you (law enforcement) got there (the crash scene), that’s why you are having a hard time figuring out, I was covering my tracks.” Due to bizarre behavior by Allen the interview was terminated shortly thereafter.

“On 12/18/2020, Special Agents Beabout and Jarrod Gill conducted a second interview with Allen. Allen was read his Miranda Rights and said he wanted a lawyer. Investigators terminated the interview, but explained they had a warrant to collect his DNA from the inside of his checks with buccal swabs. He complied and investigators collected the sample. Prior to leaving the jail, Allen told investigators he changed his mind and would speak with them. Beabout re-read Allen his Miranda Right, and said he understood them and agreed to speak with them. During the questioning, he admitted he was in an accident. He said they “went through a fence and tore a bunch of shit up.” He said he left the scene, because he did not have a cell phone. He went home retrieved his phone and returned to see others had arrived on scene. Allen was informed that a second collision occurred between the two involved vehicles. SA Beabout asked him if he could explain why his truck drove into the field after the collision. He said no, “it was all unexplainable.” SA Beabout asked him if he remembered striking the vehicle a second time and he said no. Allen looked down at the floor and said nothing for approximately 53 seconds. He eventually looked up and said, “I think, I am done.” Beabout and Gill terminated the interview. 

“On 12/18/2020, KHP Technical Trooper Robert Voigts served a search warrant on the Versa. The warrant allowed him to analyze the Event Data Recorder and/or Airbag Control Module and/or Power Train Control Module, including any electronic data contained within, devices which record information pertaining to vehicle speed, braking, steering input, seatbelt usage, and other information useful and necessary to the reconstruction of a collision Based on the Air Bag Control Module.

“Based on the data obtained from the Air Bag Control, Grimes’ foot was on the brake and the brake switch was activated five seconds prior to impact. Additional data obtained indicated she was idling and was stopped when she was struck. The force of the impact between the vehicles created a change of direction (delta-v) of 52.3 feet per second. Additionally the Air Bag Control Module recoded a second impact that was recoded as lateral strike which pushed the vehicle sideways.

“Based on the evidence and statements obtained in this investigation, the Affiant believes that probable cause exists that James Allen intentionally caused the death of Charlotte Grimes by striking her vehicle, with her in it, multiple times at high rates of speed.

“WHEREFORE, Affiant respectfully submits that the above information shows probable cause that one or more violations of the Kansas Criminal Code, specifically:

21-5403. Murder in the second degree. (a) Murder in the second degree is the killing of a human being committed: (1) Intentionally;

“Occurred in Linn County, Kansas within the time prescribed by the applicable Statutes of Limitations and shows probable cause that James R. Allen committed the violations.