In the first amended complaint filed in US District Court today, New Carlisle News Photographer Andrew Grimm asserts claims that Jacob Shaw was under-trained, under the influence, and not certified to carry his firearm the night of September 4, 2017 when Shaw shot Grimm twice without warning or cause.

The complaint in it's entirety may be viewed HERE.

A list of complaints include the following:

28. Shaw was not the most qualified candidate to be put on road patrol.

32. On June 3, 2017, Clark County Sheriff’s Lt. Brad Barnhart emailed Shaw’s direct supervisor that Shaw’s training “falls short of the FTO program drastically.”

35. Shaw should have still be in field training through September 11th, 2017.

40. Shaw should never have been given his own road patrol due to his insufficient training.

51. Sheriff Burchett said “Yes” to the deposition question “Would that mean that Jacob Shaw was not recertified and should not have been carrying a gun on duty past 1-13-2017.”

54. Sheriff Burchett said “Correct” to the deposition question “And that means he (Shaw) wouldn’t have had a gun on September 4th, 2017.”

55. Sheriff Burchett said “Correct” to the deposition question “And that he wouldn’t have been able to shoot Andy Grimm, correct.”

58. On September, 4, 2017, Shaw had not been recertified to carry his glock 22 on his person for over 19 months.

 65. Shaw would not have shot Andy had he not been an abuser of anabolic steroids and had a heightened testosterone level that made Shaw more aggressive.

67. Prior to be assigned to the road patrol, Defendant Shaw was reprimanded for failing to follow procedures, after an investigation into the overdose death of an inmate.

92. Andy’s back was to Defendant Shaw when Andy removed his Nikon camera and silver tripod.

152. Shortly after the incident, Shaw was on duty with his service weapon at the Northwestern High School football game on October 20, 2017.

154. Shaw was in violation of a personnel order regarding his administrative leave by being on duty at the Northwestern High School football game on October 20, 2017.

156. Ohio Bureau of Criminal Investigation (“BCI”) was in the middle of an ongoing criminal investigation against Shaw during the whole month of October, 2017.

163. Prior to the shooting, Sheriff Burchett called Andy her favorite reporter “Oh course Andy is my favorite news reporter.”

166. Prior to the shooting, the Sheriff’s Department--not a single officer within the Sheriff’s Department--ever made a complaint of suspicious or unsafe behavior from Andy.

169. After the shooting, those false and falsely exaggerated stories about Andy were done at the behest of Sheriff Burchett.

171. After the shooting, Sheriff Burchett described Andy in text messages as:

  • “He is an *ss”;
  • “Well f*ck him”;
  • “All about money, Put someone on him”
  • “It’s ok we are smarter than him”

178. Sheriff Burchett had surrogates, including Sandy Reed, post disparaging online comments against Andy to discredit him, place him in a false light, and damage the reputation of his newspaper.

179. When asked if “Have you ever asked Ms Reed to post anything on your behalf regarding the Andy Grimm case”, Sheriff Burchett responded:

  • “Not that I know of. Why would I.”
  • “Maybe if there was something that was -- that I felt wasn’t right, but nothing, you know, that would be discriminatory or anything.”
  • “Maybe yeah; I’m not sure.”

 220. Defendants’ conduct in making of false, defamatory, and libelous statements about Andy was so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community

224. Defendants’ conduct in trying to destroy the reputation and livelihood of Andy was so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community.

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