WALTON - Jarrett L. Griffin, 23, a Walton resident, finds himself at the center of a legal battle following his arrest May 2. Charged with third-degree stalking and second-degree harassment, Griffin’s public defender, Joseph Ermeti, has filed a motion to dismiss the charges, scheduled in court for Aug. 19. Ermeti is also demanding video footage that allegedly shows Griffin being intentionally injured by Delaware County Sheriff’s Deputies while in their custody - footage that the Delaware County District Attorney has yet to produce.
The charges against Griffin stem from an incident involving Jolie DeMeo, the wife of Major John DeMeo of the Delaware County Sheriff’s Department. According to publicly filed documents, Griffin’s alleged misconduct included stopping abruptly in front of her while driving, swearing at and making an obscene gesture to Jolie DeMeo. The district attorney’s office asserts that Griffin’s behavior amounted to a “course of conduct” sufficient to meet the legal threshold for stalking and second-degree harassment.
Ermeti, however, argues that the evidence does not support the charges. The term “course of conduct” is not specifically defined within the stalking statute, Ermeti noted in his legal filings. There is no clear course of conduct, Ermeti continued, only an isolated incident in which Griffin allegedly swore at DeMeo and gave her the middle finger.
There are also Facebook posts which Griffin is accused of creating, which the district attorney’s office says support the course of conduct needed to meet the threshold of the alleged crime.
The social media posts, Ermeti contends, are protected speech under the First Amendment.
The Facebook posts, which Griffin allegedly made, accuse a police officer of drinking and driving, and specifically target Delaware County Sheriff’s Office Major John DeMeo. In one post, Griffin reportedly called 911 multiple times, claiming that the “major” was “sitting in the barroom drinking and driving.” Ermeti maintains that these posts, directed at a public figure and not Jolie DeMeo, fall under free speech protections and should not be construed as part of a stalking or harassment offense.
Adding to the complexity is the alleged assault on Griffin by deputies while he was in their custody. According to Ermeti’s legal filings, Griffin was injured by deputies in the holding area near the garage where police cars pull in to transfer prisoners to the jail. The defense has requested video footage from cameras in that area, which they say will substantiate Griffin’s claim of excessive force.
The district attorney’s office, however, states in responding legal papers that the video is irrelevant, arguing that it does not pertain to the incidents leading to the charges against Griffin. They further claim that Griffin is using the criminal case to gain evidence for a civil suit he has filed against the Delaware County Sheriff’s Office, which includes allegations of police misconduct.
In addition to a request to dismiss the criminal charges, Ermeti is urging the court to force the district attorney’s office to turn over any video evidence that may exist.
Lawsuit against DelCo Sheriff, Major, etc.
Griffin’s civil attorney has filed a Notice of Claim, a legal document which notifies of and precedes the filing of a lawsuit against a municipality, on the Delaware County Sheriff’s Office, Major John DeMeo, Sheriff Craig DuMond, Delaware County, and the Walton Police Department for false arrest, illegal arrest, illegal detention, retaliation, negligence, gross negligence, negligence in training, negligence in supervision, negligent discipline, and constitutional violations.
Griffin is suing DeMeo and DuMond individually and in their official capacities. Griffin claims on the night of his arrest, his mothers’ home was illegally entered and searched, and when transported to the Delaware County Sheriff’s Office was “brutally grabbed” and “violently” picked up and thrown onto a concrete floor on his right eye socket. Griffin further claims he was forcibly poked in the eyes by deputies who were trying to force his eyelids open. His eyelids were maliciously held open and deputies violently and purposefully sprayed pepper spray into them.
As a result of police actions, Griffin alleges he has suffered physical and emotional injuries, lost liberty, suffered humiliation, embarrassment, shame, indignity, damage to reputation and financial loss.
Griffin’s next court appearance is scheduled in September.
