NORTH HERO, Vt. (AP) — A judge declared a second mistrial Monday in the case of a Vermont sheriff charged with assault for kicking a shackled detainee twice in the groin when he was a captain.

Franklin County Sheriff John Grismore went on trial last week for a second time after a jury deadlocked in July and a mistrial was declared. His second trial started a week ago, and the jury deliberated over three days before telling the judge Monday afternoon that it could not reach a unanimous decision.

An email was sent to Grismore seeking comment on the mistrial. The county prosecutor did not immediately return a phone call seeking comment.

Grismore was elected sheriff in November 2022, a few months after he was fired from his position as a captain in the sheriff’s department after video surfaced of him kicking the shackled detainee. He pleaded not guilty to a simple assault charge.

In the video, a man who’s handcuffed and shackled refuses to stay seated on a bench while being detained at the sheriff’s office. Grismore, dressed in shorts and a T-shirt, kicks the man in the groin and then a second time when the man stands up again.

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Grismore was the only candidate on the ballot for sheriff after winning both the Republican and Democratic nominations in the Aug. 9, 2022, primary.

In December 2023, the Vermont Criminal Justice Council found that he violated the state’s use of force policy and voted 15-1 that he permanently lose his law enforcement certification, which means he is unable to enforce the law in Vermont.

Four months later, a special legislative committee recommended against impeachment of Grismore but said the sheriff is doing a disservice by remaining in office and should step down.

In response, Grismore said he was disappointed in the amount of time and money that he said had been wasted on the process. He said he wouldn’t resign and was pleased that Franklin County voters and residents who have supported him have been vindicated.

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