Updated at 2:50 p.m.
A fired Franklin County Sheriff’s Department captain caught on video in August kicking a person in custody has been cited into court on a charge of simple assault, according to a press release issued Friday by Vermont State Police.
John Grismore, 49, of Fairfax, was issued the citation through his attorney Friday morning, the release stated. He is set to appear for an arraignment on the misdemeanor charge Monday in Franklin County Superior criminal court in St. Albans.
State police conducted the investigation and Grand Isle State’s Attorney Doug DiSabito reviewed it to avoid conflicts with Franklin County authorities in the handling of the case.
Since video of the incident surfaced, Grismore has repeatedly defended his actions and denied wrongdoing. He remains the Democratic and Republican nominee to be the next sheriff of Franklin County, though both parties have repeatedly called on him to exit the race. His name will be the only one to appear on the ballot in November, although write-in efforts are underway.
According to the state police release, Franklin County sheriff deputies Karry Andileigh and Christopher Major arrested a 42-year-old man, identified as Jeremy Burrows of Winooski, who was described as intoxicated when he was brought back to the sheriff’s department on Aug. 7 for processing. Grismore was also at the department at the time.
While in custody, Burrows became “non-compliant” while still handcuffed and shackled, and at one point he fell down while trying to walk away from a bench where he had been secured, according to the state police release.
“While Deputies Andileigh and Major worked to control Burrows, Grismore repeatedly kicked Burrows in the midsection,” state police said in the release. “The deputies subsequently expressed concerns about the use of force and reported the incident to their chain of command.”
In the video of the incident, Grismore can be seen kicking the man in the groin, pushing him back onto the bench. Eventually, the man stands up, and Grismore kicks him again in the groin back onto the bench.
Grimsore told VTDigger in a later interview that he decided to intervene in the matter when he did not believe that the deputies’ “de-escalation” attempts were proving successful.
“Clearly the two of them couldn’t handle this individual by themselves,” he said. “And nothing against them — I mean, sometimes it just takes more people. The female (deputy) is 110 pounds. She’s a small girl.”
In describing his actions to VTDigger at the time, Grismore declined to say that he “kicked” the man, insisting that he “pushed him back” with his foot.
Grismore wrote in an email Friday that he and his legal team were “surprised and dismayed” to learn of the criminal charge.
“I have and continue to maintain that I used the minimum amount of force necessary to prevent myself and my fellow deputies from being assaulted by being spat upon, which is a crime in the State of Vermont,” Grismore wrote.
While characterizing the criminal charge brought against him as “unfortunate,” Grismore predicted that he would be “promptly and completely vindicated.”
“As my grandfather always said, ‘justice will prevail,’” he wrote.
Vermont State Police declined additional comment on the case. Further information is expected to be released when the affidavit of probable cause becomes public following Grismore’s arraignment Monday.
