Jury selection is set to begin in the second trial of a Vermont county sheriff accused of assaulting a man in handcuffs in 2022, WPTZ reports.
Franklin County Sheriff John Grismore was charged with simple assault for kicking a shackled inmate in 2022 when he was a captain with the department. In July a jury was unable to reach a unanimous decision in his case.
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Grismore, who took the stand in his own defense, argued the force was not excessive and was within the bounds of his training. He argued he was using his foot to push down the shackled inmate, to prevent him from falling down.
Grismore and his lawyer declined a request for interview from WPTZ, but told the station they were "optimistic that we'll have a favorable outcome."
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Grismore was elected sheriff in November 2022, a few months after he was fired from his position as a captain in the sheriff’s department for kicking the prisoner. He pleaded not guilty to a simple assault charge.
Grismore was the only candidate on the ballot after winning both the Republican and Democratic nominations in the Aug. 9, 2022, primary. Just before he took office in February 2023, state police said they were investigating the finances of the Franklin County Sheriff’s Department and Grismore.
In December, the Vermont Criminal Justice Council found that he violated the state’s use of force policy and voted 15-1 that he permanently lose his law enforcement certification, which means he is unable to enforce the law in Vermont.
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In April, a special legislative committee recommended against impeachment of Grismore but said the sheriff is doing a disservice by remaining in office.
The new trial is tentatively set to start on Tuesday, after jury draw on Monday.