NORTH HERO, Vt. (WCAX) – As prosecutors Tuesday wrapped up their case on the second day of the assault trial against Franklin County Sheriff John Grismore, expert witnesses testified that Grismore was not justified in kicking his handcuffed prisoner, 43-year-old Jeremy Burrows.
Part of Tuesday’s trial included Burrows watching video of the August 2022 incident. Burrows, who admitted that he drank heavily and says a lot of his memory of the event is foggy, said he was confused when he saw Grismore approach him. The then-captain was off duty and not in uniform and Burrows says Grismore gave no indication he was a law enforcement officer before attacking him.
“At the time, did you know who this person was?” Grand Isle County State’s Attorney Doug DiSabito asked Burrows.
“No, he never said he was law enforcement He didn’t have no clothes or badge or nothing,” Burrows said.
Earlier in the day, DiSabito called on Eric Daigle, an expert on police use of force policies, about whether Grismore’s kicks were legally justified. “The second-strike kick of Sheriff Grismore against Mr. Burrows was unreasonable and unnecessary in that situation. It appeared to almost be retaliatory,” Daigle said.
On cross-examination, Grismore’s lawyer, Robert Kaplan, challenged the expert’s conclusions, saying Burrows was still being confrontational despite being handcuffed.
Eric Daigle: He can’t punch, he can’t kick, he can’t give an elbow, he can’t do any of that stuff so…
Robert Kaplan: He could head butt If you allow him?
Eric Daigle: Yes.
Robert Kaplan: He could bite someone who got too close.
Eric Daigle: Yes.
Grismore has claimed his actions were justified to help junior deputies get a belligerent suspect under control. He has said he used his foot to avoid getting close enough for Burrows to spit on him.
The defense is expected to begin arguments at the trial on Wednesday and Sheriff Grismore is expected to take the stand in his own defense.
If convicted of the charge of simple assault, Grismore faces up to a year in prison and a $1,000 fine.