![](http://yournny.com/wp-content/uploads/2024/07/judge-declares-mistrial-in-franklin-county-sheriff-assault-case.jpg)
A jury could not reach a verdict in the assault trial for Franklin County Sheriff John Grismore, and a judge has declares a mistrial. Grismore was back in court on Wednesday for what was expected to be the final day of his assault trial in criminal court at the Grand Isle Courthouse.Top video: See previous coverageOn Wednesday, the embattled sheriff took the stand in his own defense and adamantly denied that he kicked a man in custody back in the summer of 2022.The viral video of the incident has caused a number of headaches for Grismore, and most recently led to his law enforcement license being revoked.Grismore took the stand on Wednesday morning and defended his actions against Jeremy Burrows, the detained man whom Grismore can be seen kicking in the video.He said Burrows has had violent run-ins with law enforcement in the past, and contrary to what experts testified on Tuesday, Grismore said he did not need to provide a warning before using force. Grismore also said the so-called “foot pushes” were for Burrows’ safety. He said because Burrows had fallen over while shackled, he placed his foot on his thigh to push him back down to protect him from falling once again.Grismore also argued that he used his foot to keep a safe distance from Burrows, who had already spit on the other deputies. “I disagree wholeheartedly it was excessive,” Grismore said. “It was well within the bounds of my training… I didn’t lift my foot up to injure him, I pushed him with the flat of my foot at a pivot point just wanted to get him in a safer position.”The defense also called on a use-of-force witness, who testified that Grismore was well within his rights during the incident. That testimony was contrary to the state and their experts on Tuesday, who said the kicks were excessive and unreasonable.During closing arguments, the state said Grismore didn’t follow the use-of-force policy, has shown no remorse for his actions, and has not been truthful on the stand. “Make no mistake, this is not policing. This was assault by an off duty non-uniformed and angry individual against a defenseless, handcuffed, and shackled man,” said Grand Isle State’s Attorney Doug DiSabito.Meanwhile, Grismore and his attorney closed by saying that police don’t have the luxury of time during an engagement with a suspect and that his actions were the result of a split-second decision that he thought was best for himself and his fellow deputies. The defense also said the trial has been nothing but a “political hit job.”After more than five hours of deliberation, including the jury asking to watch longer durations of the incident video with the volume up multiple times, they couldn’t make a unanimous decision and didn’t believe they would be able to moving forward.Around 11:15 p.m., the judge declared a mistrial. A pre-trial is targeted for October.Previous coverage:See highlights from Day 2 of the trialSee highlights from Day 1 of the trial
A jury could not reach a verdict in the assault trial for Franklin County Sheriff John Grismore, and a judge has declares a mistrial.
Grismore was back in court on Wednesday for what was expected to be the final day of his assault trial in criminal court at the Grand Isle Courthouse.
Advertisement
Top video: See previous coverage
On Wednesday, the embattled sheriff took the stand in his own defense and adamantly denied that he kicked a man in custody back in the summer of 2022.
The viral video of the incident has caused a number of headaches for Grismore, and most recently led to his law enforcement license being revoked.
Grismore took the stand on Wednesday morning and defended his actions against Jeremy Burrows, the detained man whom Grismore can be seen kicking in the video.
He said Burrows has had violent run-ins with law enforcement in the past, and contrary to what experts testified on Tuesday, Grismore said he did not need to provide a warning before using force.
Grismore also said the so-called “foot pushes” were for Burrows’ safety. He said because Burrows had fallen over while shackled, he placed his foot on his thigh to push him back down to protect him from falling once again.
Grismore also argued that he used his foot to keep a safe distance from Burrows, who had already spit on the other deputies.
“I disagree wholeheartedly it was excessive,” Grismore said. “It was well within the bounds of my training… I didn’t lift my foot up to injure him, I pushed him with the flat of my foot at a pivot point [and] just wanted to get him in a safer position.”
The defense also called on a use-of-force witness, who testified that Grismore was well within his rights during the incident. That testimony was contrary to the state and their experts on Tuesday, who said the kicks were excessive and unreasonable.
During closing arguments, the state said Grismore didn’t follow the use-of-force policy, has shown no remorse for his actions, and has not been truthful on the stand.
“Make no mistake, this is not policing. This was assault by an off duty non-uniformed and angry individual against a defenseless, handcuffed, and shackled man,” said Grand Isle State’s Attorney Doug DiSabito.
Meanwhile, Grismore and his attorney closed by saying that police don’t have the luxury of time during an engagement with a suspect and that his actions were the result of a split-second decision that he thought was best for himself and his fellow deputies. The defense also said the trial has been nothing but a “political hit job.”
After more than five hours of deliberation, including the jury asking to watch longer durations of the incident video with the volume up multiple times, they couldn’t make a unanimous decision and didn’t believe they would be able to moving forward.
Around 11:15 p.m., the judge declared a mistrial.
A pre-trial is targeted for October.
Previous coverage: