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Man driving more than 5 times legal limit that crashed into VB bookstore sentenced to over 10 years

smith book store crash surveillance pic.jpg
Posted at 5:48 PM, Dec 05, 2023
and last updated 2023-12-05 22:04:57-05

VIRGINIA BEACH, Va. — Joseph Samuel Grillo, 43, was sentenced for charges of DUI maiming - permanent injury, DUI maiming - serious injury, and DUI on Dec. 5 after pleading guilty to those charges on July 31.

Circuit Court Judge Steven Frucci sentenced Grillo to 15 years and 12 months in prison with five years suspended, leaving 10 years and 12 months to serve.

The Office of the Commonwealth's Attorney in Virginia Beach (CWA) said that if the matter had gone to trial, evidence would have proven that on Dec. 30, 2022 around 7:30 p.m., Grillo drove his vehicle through the front doors of the Smith Discount Books store in Providence Square Shopping Center.

Witnesses on scene observed Grillo's vehicle hit the gas and go speeding down the road into the store, crashing through shelves of books and a vending machine before coming to a stop, according to the CWA.

Two patrons, referred to as S.F. and M.C. by the CWA, were injured in the crash.

The CWA says S.F. was 25 weeks pregnant at the time and was sitting down when the crash occurred. She was pinned against a bookshelf and vending machine, suffering lacerations on her back and a hurt hip, but eventually did go on to delivery a healthy baby.

M.C. was pinned between a table and bookshelf and suffered a fractured tibia, according to the CWA. The injury from the crash required surgery, and a metal rod was placed in her leg, forcing her to be wheelchair bound for several months.

Surveillance video from the store shows the moment Grillo crashed through the front, pinning both women.

smith book store crash surveillance pic.jpg

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A Virginia Beach officer spoke with Grillo after he was transported to the hospital, and the CWA says Grillo had a strong odor of alchohol coming from his breath, glassy and watery eyes and slurred speech.

Grillo told the officer, "I have a problem. I drink daily if I can get it," and admitted he was headed to the ABC Store that is next to the bookstore.

Grillo then told the officer that he was on suboxone and started drinking "strong Bourbon, 40 proof," at 1 p.m. the day of the crash, along with saying "he didn't have a lot to drink because a lot to him is different than other people; a lot to him is a gallon of liquor per day," according to the CWA.

Grillo's blood alcohol content on the night of the crash was .402, which is five times the legal limit of .08.

The sentence that was handed down exceeds the high end of the Virginia State Sentencing Guidelines, which recommended a sentence no greater than two years and one month.

When announcing the sentence, Judge Frucci said, "This is the type of behavior that should keep the citizens of Virginia Beach up at night."

Grillo has prior convictions for public intoxication and reckless driving.