Feud between neighbors ends in death

0 Comments | Oakland Tribune, Feb 6, 2007 | by Sean WebbySTAFF

In a court hearing in late 2005, the Grimeses' attorney said his clients and Kenney enjoyed "good neighborly relations" until 2002, when Kenney began sending them bizarre e-mails.

Whatever the reasons, things went downhill quickly.

Kenney accused the Grimeses of illegally dumping waste on his property and of building a solarium and a cement carport. He said the Grimeses would send their dogs to poop on his property and would pound on his windows late at night.

The Grimeses accused Kenney of harassing them, photographing them and putting up two metal poles to block their carport.

At one point, the Grimeses accused Kenney of poisoning their dogs and cats by spraying a hillside with "Agent Orange." Kenney's attorney later told the court that it was weedkiller.

Elizabeth Grimes once interrupted Kenney's prayer meeting at his church and invited the congregation to pray with her for a resolution between the neighbors. Kenney, according to court papers, was mortified.

On June 11, 2005, things came to a head.

Kenney accused Elizabeth Grimes of yanking a camera that he had around his neck -- as he was taking pictures of Mel Grimes allegedly driving on his property. He says he was seriously injured. Mel and Elizabeth Grimes said he was faking. They alleged their "wild and angry" neighbor was spying on them and that he assaulted Elizabeth Grimes.

In a court hearing Nov. 9, 2005, Judge Adrienne Glover was exasperated.

"It's not a battle over children, it is not a battle involving substance abuse, it is not a battle involving some kind of domestic violence cycle or relationship that's going on in a home," she told them. "This is separate adult families who ideally should be able to continue to co-exist."

No restraining order issued

The judge ordered them to avoid each other, but did not issue a restraining order or other action police could enforce. She noted "this is a civil dispute" not a criminal matter with "an imminent threat of ongoing attacks, stalking or some kind of physical violence ..."

On the day the rock was to be delivered, Kenney made sure he had people with him to help "keep the peace" -- a private security guard and a public defender who had represented Kenney before. The public defender, Nick Cvietkovich, said the scientist was calm during the day, feeling he was in the right. Even so, Cvietkovich called the sheriff's department, which was aware of the hostility, to ask a deputy to come monitor the situation.

The rock came. The sheriff's deputy didn't. Eventually, Cvietkovich and the guard left.

The Grimeses drove home separately, Mel Grimes' family said, from a doctor's appointment for Mel's heart condition.

"Just passed ya," Mel said in a message on his wife's cell phone.

When he arrived and saw the rock, Grimes grabbed a sledge hammer, according to sources familiar with the investigation. His friends and family say he probably intended to smash the rock to pieces.

His wife called 9-1-1 and could be heard on the 9-1-1 recording yelling, "Stop it, Mel! Stop it!" according to people who have heard the contents of the tape. Friends and relatives say she must have been terrified her husband would suffer a heart attack.