Thursday's Internet Edition, September 09, 2010.

Larry Grimm, 69, could have been sentenced to 1-to-10 years on the felony charge, but a plea to the judge from one of his victims may have helped his case.

“I have no hard feelings toward Mr. Grimm for what he did,” Patricia Craft told Roane Circuit Judge Tom Evans. “He’s a good friend and I don’t want to see him go to jail.”

The charges against Grimm involve the estate of Delcie Ross, a Spencer woman who died in 1998. Grimm served as executor of her will, as well as administrator of a trust set up to benefit her two daughters, Barbara McGrady, who lives in Ohio, and Craft, who lives in Roane County.

McGrady did not appear for the sentencing hearing Friday afternoon.

Grimm allegedly made several withdrawals from the trust in 2004, transferring more than $109,000 to a supermarket where he served as president.

Police who investigated the case said the transfers took virtually all the money out of the account.

Grimm’s attorney, Tom Whittier, said if Grimm was sent to prison he could not repay the money he took to prop up the failing supermarket.

“He tried to keep the business going,” Whittier said. “But after Walmart came and other difficulties, he failed.”

Spencer Foodland eventually closed. The store later reopened as Roane County Foodland under new ownership that did not include Grimm.

Grimm made promissory notes indicating he would repay the trust, but never did.

Whittier said Grimm used the money, not for a lavish lifestyle or his own benefit, but to support a local business with local stockholders and employees.

Evans rejected the argument Grimm was acting on behalf of others, pointing out Grimm had a major interest in the business.

Whittier said Grimm had recently been sending small amounts to local businesses to pay off the defunct store’s debts. He said the business owed $230,000 to a single vendor, SuperValu, a grocery distributor.

Whittier said Grimm now was involved in a cosmetics venture that involved an anti-aging cream developed by a local physician, Dr. Alex DeSouza. If the venture proves to be successful, he said Grimm could earn up to $50,000 per year that could be used to pay the victims back.

“Justice demands these ladies receive the money they are due, and he would very much like to repay them,” Whittier said.

Although Whittier and Craft both said if Grimm were to go to jail he would not be able to repay the money, Evans rejected that argument as well.

“I do not think he will be able to make restitution,” the judge said.

Evans had rejected an earlier plea in the case that would have prevented Grimm from serving any jail time.

Evans ordered Grimm to begin his sentence immediately, and he was taken to the Central Regional Jail at the end of the hearing.

Evans said the jail term would be followed by four years probation to include 100 hours each of community service and litter pick-up.

The judge also ordered Grimm to make restitution of $109,017.18, plus interest from the date of the theft.