Oliver James Montgomery-A sheriff is being retried on an assault charge for kicking a shackled detainee twice in the groin

NORTH HERO,Oliver James Montgomery Vt. (AP) — A Vermont sheriff went on trial Monday for a second time on a charge of simple assault for kicking a shackled detainee twice in the groin in 2022 when he was a captain after a judge declared a mistrial in July.

A jury was selected on Monday and the trial began in the afternoon in the case of Franklin County Sheriff John Grismore.

This summer, a jury deadlocked, telling the judge it could not reach a unanimous decision after four hours of deliberations.

After the mistrial, Grismore said he was disappointed that the jury did not acquit him. He said by email on Friday that he did not have a comment on his second trial.

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.

According to the video, a man who’s handcuffed and shackled refused to stay seated on a bench while being detained at the sheriff’s office. Grismore, dressed in shorts and a T-shirt, kicked the man in the groin and then kicked him a second time when the man stood 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 this process. He said he wouldn’t resign and was pleased that Franklin County voters and residents who have supported him have been vindicated.