Grand Isle County State’s Attorney Doug DiSabito is dismissing the simple assault charge against Franklin County Sheriff John Grismore. The announcement Monday came a week after a second jury failed to reach a verdict in the case.
“After any mistrial, I review a case and evaluate all the circumstances and decide whether another trial is a good use of public resources and is in the interests of justice,” DiSabito said in a written statement. “I did that here and have determined that a third trial is not in the public interest.”
The criminal case stemmed from an Aug. 2022 incident where video showed Grismore kicking a handcuffed and shackled man in the groin at the Franklin County sheriff department. Grismore, a captain in the department at the time, was fired after the video was published. He refused bipartisan calls to drop out of the sheriff’s race that year and defeated two write-in candidates.
More from Vermont Public: Judge declares mistrial in Franklin County sheriff’s assault case
DiSabito, who took on the case so the Franklin County state’s attorney’s office could avoid a conflict of interest, did not respond to a request for an interview.
DiSabito filed the simple assault charge, a misdemeanor, nearly two years ago. In July, during Grismore’s first trial, the jury was unable to reach a unanimous decision after more than five hours of deliberation. Last week, a second jury spent more than 17 hours deliberating but was unable to reach a verdict, according to VTDigger.
Grismore, in interviews and during both trials this year, has maintained that the kicks during the Aug. 2022 incident were in self-defense because the man was trying to spit on him and the other deputies in the room.
Grismore did not respond to a request for comment on Monday.
Sheriffs, as elected officials, can only be removed from office through impeachment, a process that’s rarely used in Vermont. Lawmakers dropped their attempt to impeach Grismore earlier this year because the alleged misconduct occurred before he took office.
However, Grismore was sanctioned in Dec. 2023 by the state committee that regulates law enforcement credentials. The Vermont Criminal Justice Council permanently stripped Grismore of his law enforcement certification after determining that he violated the state’s use of force policy and used excessive force during the Aug. 2022 incident.
Without law enforcement credentials, Grismore can’t perform standard police work like going on patrols or investigating crimes, but he can still perform administrative duties.
The Vermont Sheriffs’ Association called on Grismore to resign after the council’s ruling, but Grismore refused to step down.
DiSabito, in his written statement on Monday, said the council’s decision to revoke Grismore's law enforcement credentials played a role in his decision to dismiss the charge.
“Had the Vermont CJC not taken this definitive action, the right thing in this matter would likely have been to take this to trial again,” DiSabito said in the statement. “That will not be happening. This case is now closed.”
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