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Token Clerk Cleared Of Weapons Charge

June 26, 1986

NEW YORK (AP) _ A subway token clerk who pulled an unlicensed pistol and killed a would-be robber has been cleared of weapons charges.

″I’m walking on air,″ said the clerk, James Grimes. Grimes, who has been on medical leave since the shooting and wears a pacemaker, had faced up to a year in jail on the charge, dismissed Wednesday by Brooklyn Criminal Court Judge Seymour Gerschwer.

A grand jury had indicted Grimes, 55, of Queens, on May 2 on charges of weapons possession. But the panel declined to return homicide charges in the Jan. 6 shooting of Fernando Cruz, 25, of Brooklyn.

Gerschwer cited Grimes’ background and ″extenuating cicumstances″ in dismissing the charge. Transit Authority spokesman Bob Slovak said Grimes still had departmental disciplinary charges pending against him.

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