By Mike Donoghue | Vermont News First

NORTH HERO — Grand Isle County State’s Attorney Doug DiSabito said Monday afternoon that he does not plan to seek a third simple assault trial for Franklin County Sheriff John Grismore.

DiSabito said he has decided to dismiss the criminal charge that Grismore, while a deputy, kicked an intoxicated, unruly prisoner in the groin in August 2022.

“The case is now closed,” DiSabito told The Islander, which first broke the story Monday.

Two trials both ended with hung juries,  Judge Sam Hoar, after the second deadlock last Monday, said he would schedule a status conference hearing in November.

DiSabito said in a phone interview that he believed a third trial would not be in the best interests of the public.

DiSabito said he was preparing a written public statement that he would release later Monday about his decision.

He said after any hung jury a prosecutor needs to review the case and evaluate all the circumstances before deciding whether another trial would be a good use of public resources and in the interests of the public interest.

Defense lawyer Robert Kaplan said he had been told by DiSabito that the case was ending.  Kaplan said he would limit his comments until the court rules on the motion to dismiss.

Kaplan said the case really brought the focus on the public’s attitudes toward policing. He questioned whether 12 people would ever be able to agree on such a difficult issue.

He said Sheriff Grismore “is deeply appreciative” of the decision by the state to bring the case to a close and allow all parties to move on.

The case centered on Jeremy Burrows, then 42 of Winooski, who was drunk at 2:10 p.m. on Sunday Aug. 7, 2022 when his mother asked that he be removed from her St. Albans Town residence, officials said.

Burrows, now of Berlin, testified during both a pre-trial hearing and at two jury trials, but has admitted he did not remember much from the day due to his level of intoxication.

It took three deputies to deal with the combative man, who was eventually handcuffed and transported to the Franklin County Sheriff’s Office on Lake Street.

Burrows was shackled and handcuffed in a back room, but stood up and tried to walk away.  He fell on his face when he reached the end of the chain holding his legs.

After being helped back to his seat, Burrows stood up and Grismore used a foot to kick or push the prisoner back into his seat.  Burrows got a second kick or push when he stood up again, according to video of the incident.

Grismore, who was not at the initial scene, had come into the office on his day off to do paperwork.

DiSabito was asked to review the incident after then-Franklin County State’s Attorney John Lavoie disqualified his office because of their ongoing working relationship with Grismore and his office.

After a full review of the state police investigation, DiSabito determined a charge of simple assault was appropriate.

Grismore had pleaded not guilty to the charge.  He took the stand in both trials to defend his actions in coming to help two less experienced deputies with the prisoner.

In the end the two juries had trouble reaching agreement if the case was an unlawful assault or an acceptable police tactic under the circumstances by the then-chief deputy sheriff.

Then-Sheriff Roger Langevin fired Capt. Grismore after a short internal investigation.

Grismore, who was elected sheriff by Franklin County voters a few months after the incident, has continued to lead his department.

The Vermont Criminal Justice Council voted 15-1 to permanently decertify Grismore and strip him of his law enforcement authority last December.

DiSabito said he might have considered a third trial if the justice council had not taken action. The Vermont Legislature formed a special impeachment inquiry committee, but after many months of investigation and nearly $1 million in costs, the attempt was abandoned. The House Committee confirmed what had been said before they started: it would be difficult to impeach a duly elected sheriff for conduct before he was elected. The legislature did vote to lower Grismore’s pay becasue he is now uncertified.

Grismore is still free to oversee the day-to-day operations of his department and continue with tasks that do not need certification from the state, including the transporting of prisoners and court security.

The jury in the first trial in July was leaning 8-4 for conviction, but may have changed to 9-3 just before the deadlock was announced, according to sources familiar with the process.

This time the deadlock reportedly was 11-1 from about the start.

The case mostly boiled down to Grismore and his hired expert against the victim, the state’s hired expert and the two former deputy sheriffs involved in the arrest.

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Statement of Grand Isle State’s Attorney Doug DiSabito issued later Monday afternoon:

“As State’s Attorney, I have one job, which is to do the right thing. I do not charge a case unless I believe the individual is guilty beyond a reasonable doubt, and I have the evidence to prove it. My decisions are based on the facts and the law, not emotions, ego, bias, or politics. Rest assured, that remained true in this case throughout.

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. I did that here and have determined that a third trial is not in the public interest.

Therefore, I am dismissing the case against Mr. Grismore.

As a result of the incident that led to this criminal case being filed, Mr. Grismore was decertified by the Vermont Criminal Justice Council, thereby stripping him of his law enforcement credentials. 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. That will not be happening. This case is now closed.”