Mon. Oct 7th, 2024

Franklin County Sheriff John Grismore, right, and his attorney, Robert Kaplan, speak to reporters after a judge declared a mistrial in an assault case against Grismore on Monday. Photo by Shaun Robinson/VTDigger

Updated at 2:08 p.m.

NORTH HERO — A jury has failed, once again, to reach a verdict in the assault case against Franklin County Sheriff John Grismore that stems from a widely publicized incident more than two years ago in which he repeatedly kicked a handcuffed and shackled detainee. 

As a result, Judge Samuel Hoar declared the proceedings in Grand Isle County Superior criminal court to be a mistrial just after 1 p.m. on Monday. Jurors had spent more than 17 hours deliberating the case over three days — but ultimately could not reach a consensus.

It was the second mistrial in Grismore’s case in about as many months. A different jury in late July also failed to reach a unanimous verdict, and Hoar also declared a mistrial.

Grismore was charged with simple assault for kicking the detained man, Jeremy Burrows, in August 2022. He was a captain in the department at the time. Had he been convicted, Grismore could have faced up to a year in prison or a $1,000 fine, or both.

Speaking to reporters shortly after the judge’s decision, Grismore said he felt “a tremendous amount of frustration” at the lack of a verdict, again, adding that facing a criminal charge has “greatly compromised my ability to do my job.”

But, he said he continues to have no reservations about his actions.

In fact, “I feel more empowered than I ever have,” he told reporters Monday afternoon. “I feel more compelled now than ever to continue to do the job.”

Doug DiSabito, the Grand Isle State’s Attorney, was prosecuting the case. DiSabito told reporters that he has not yet decided if he will pursue a third trial. He said his decision will hinge, at least in part, on whether Burrows wants to pursue the proceedings further, too. 

“I’m disappointed,” DiSabito said, adding that he was nevertheless “wickedly impressed” by the amount of time the latest jury spent considering the case.

This story will be updated.

Read the story on VTDigger here: Judge declares mistrial, again, in assault case against Franklin County Sheriff John Grismore.

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