by Mike Donoghue

PITTSFORD — The Vermont Criminal Justice Council voted 15-1 on Wednesday afternoon to permanently revoke the law enforcement certification for Franklin County Sheriff John Grismore due to his excessive force in kicking an intoxicated unruly shackled prisoner in August 2022.

Council Chairman WIlliam H. Sorrell said after the vote he expects the revocation will be effective in about two weeks once the paperwork is completed.

The revocation means Grismore will be prohibited from carrying out any certified law enforcement duties.

Grismore will still be free to continue to serve the residents of Franklin County as their duly elected sheriff overseeing the administration of the department.  He also can conduct any official duties that are not certified through the justice council.

Defense lawyer Robert Kaplan of Burlington said he and his client were disappointed with the outcome of the two-day hearing.

“We are currently evaluating our options for an appeal,” Kaplan said after the hearing adjourned.

They were “incredibly disappointed with what appears to be an unjust and unfair outcome,” the veteran defense lawyer said.

“We believe this result will have a chilling effect on law enforcement throughout Vermont,” Kaplan said.

The motion to revoke Grismore’s certification was made by former Rutland Mayor Christopher Louras, who is an appointee to the council by Gov. Phil Scott.

State Game Warden Kelly Price of Brattleboro, who represents the Vermont State Employees Union on the council, was the lone vote against a permanent ban. Attempts to later reach Price, who appeared by Zoom, were unsuccessful.

The justice council, which deliberated behind closed doors, came back into public session and approved a preliminary motion, 16-0, that the incident was a violation of the state’s use-of-force policy.  The second motion was to set the penalty.

The council did not consider a second charge that Grismore committed a simple assault when on duty.  That charge was never presented to the council for consideration because he is facing a criminal charge in state court.

In a 5-page plus letter this fall to people who live, work and recreate in Franklin County, Grismore outlined the increased workload the Sheriff’s Department has undertaken since he was sworn in Feb. 1.  It covered retention and recruitment of deputies, training and development, the continuance and cultivation of partnerships,  updating policies and procedures to make the department more professional and community involvement.  Grismore also addressed what he sees on the horizon to grow the department.  

However, the legal problems are likely to continue for Grismore — both in criminal court and in the Vermont legislature.

Grismore is facing the criminal charge of simple assault filed by Grand Isle County State’s Attorney Doug DiSabito for the kicking incident.  Grismore, 50, of Fairfax has pleaded not guilty to the misdemeanor charge.

A defense motion to dismiss the criminal charge earlier this summer for lack of evidence was rejected by Vermont Superior Court Judge Sam Hoar Jr..  Kaplan had argued there was not enough admissible evidence to prove Grismore had acted recklessly or that his actions caused bodily injury.

Grismore maintains he used his foot to push the standing prisoner back into his seat at the sheriff’s office in St. Albans Town.  He said he then placed a spit guard over his head to prevent him from assaulting the two deputies who responded to a disturbance that resulted in the arrest.

DiSabito successfully argued there is sufficient evidence, including security video showing Grismore using his foot to kick the prisoner, Jeremy Barrows, 42, in the groin multiple times.  Barrows, who most recently has been living at the Hilltop Inn in Berlin, was residing in Winooski at the time of his arrest.

Grismore was in casual clothes and was not scheduled to work, but had stopped by the office on a Sunday to do administrative work.  DiSabito has said he thought two well-trained deputies had the situation under control and were dealing with the intoxicated prisoner when Grismore needlessly inserted himself into the case.

Grismore has said the investigation had a “political foundation” and that he plans to continue to fight the fight.  The sheriff said he plans to take the case to trial where all the evidence can be presented.

DiSabito was among those monitoring the Wednesday hearing, which included testimony from an expert retained by Grismore and his attorney Kaplan.  

No trial date has been set.

DiSabito was asked to conduct an independent review of the incident after the Franklin County State’s Attorney’s office stepped aside because of its longstanding working relationship with Grismore.

Meanwhile a Vermont legislative committee has been meeting mostly behind closed doors all summer and fall to consider possible articles of impeachment against Grismore and former Franklin County State’s Attorney John Lavoie for unrelated conduct.  Lavoie eventually resigned rather than fight the legislature, but the committee continues behind closed doors on the Grismore case.

The 7-member House committee is scheduled to have another secret meeting next week.

The House committee also is looking into some possible financial questions when Capt. Grismore was serving as chief deputy under former Sheriff Roger Langevin.  Vermont State Police were asked to look into those issues following questions by State Auditor Doug Hoffer.

Langevin, who was in Florida during the kicking incident, flew back immediately to Vermont, watched the video and made some inquiries before firing Capt. Grismore.

Franklin County residents still voted for Grismore both during the primary and general election in 2022.  In the general election Grismore beat two veteran law enforcement officers who cited the prisoner incident in their campaigns.

Grismore has said he continues to receive an outpouring of support from the community.