NORTH HERO, Vt. (WCAX) – Wednesday was day three of the retrial for the Franklin County sheriff as he tries to clear his name.
John Grismore is accused of assault for allegedly kicking a shackled suspect when he was a captain in the department.
The first trial ended in a hung jury earlier this year.
The focus during the retrial on Wednesday was on Grismore’s use of force.
Video shows Grismore kicking a detainee while he was handcuffed. He’s charged with misdemeanor simple assault.
The state says Grismore could have used other means to get the man to comply and put a use-of-force expert on the stand reiterating that point.
Grismore maintains he did nothing wrong and his lawyer put their own use-of-force expert on the stand.
“At no time does this look like a kick. It was a sustained push and with the bottom of the foot. It increases the distance, if you will, between [Jeremy] Burrows’ ability to head-butt or spit,” said Thomas Aveni, a use of force expert.
On cross-examination, the state questioned why any action was needed and why Grismore didn’t just step back if he felt threatened since Burrows was handcuffed and couldn’t move.
The trial could wrap up on Thursday with Sheriff Grismore expected to take the stand.