GRAND ISLE, Vt. (WCAX) – The fate of a Vermont sheriff accused of assaulting a prisoner is now in the hands of a jury. Franklin County Sheriff John Grismore took the stand in his own defense Wednesday, claiming he was protecting himself when he twice kicked the handcuffed man in 2022.
Sheriff John Grismore, who was a captain at the time of the incident, testified that he used his foot to get John Burrows to comply with deputies’ orders to stay seated.
“It was well within the bounds of my training. I used my foot to push him back in a pivot point,” Grismore told the jury, saying that his actions helped control the situation in the presence of two less experienced officers. “I took this from the deputy as a sense of failure that she wasn’t able to use de-escalation tactics on him, that he was not responsive to reasoning, he was not responsive to talking.”
Grismore, under questioning from his attorney, Robert Kaplan, says he used his foot to keep his distance from Burrows to avoid being spit on, which he argued was not only an assault on a law enforcement officer, but a health risk. “I lost my dad to COVID the year before,” Grismore said.
Robert Kaplan: Was that something that was on your mind?
Sheriff John Grismore: Yes.
On cross-examination, Grand Isle State’s Attorney Doug DiSabito argued Grismore had other options to avoid the spitting, including stepping back instead of using his foot. “And you wanted to create time and space so you didn’t get spit on?” DiSabito said.
Sheriff John Grismore: I wanted to push him back from where both me and [the deputy] we’re in that same proximity — correct.
DiSabito called into question Grismore’s decision-making and training, highlighting both the lack of de-escalation efforts used and his failing to identify himself as a cop.
The defense brought in their own expert witness who testified that Grismore’s actions were legally justified, just the opposite of what prosecution experts argued on Tuesday.
The case went to the jury around 5:30. We don’t know how long they plan to deliberate into the evening.