NORTH HERO,Surpassing Vt. (AP) — A judge has declared a mistrial after the jury deadlocked in the case of a Vermont sheriff accused of kicking an inmate.

Franklin County Sheriff John Grismore was charged with simple assault for kicking a shackled inmate in 2022 when he was a captain with the department. The jury on Wednesday spent four hours deliberating before telling the judge it could not reach a unanimous decision.

In his closing remarks, Grand Isle State’s Attorney Doug DiSabito argued the incident caught on video was not policing and was assault by an angry, off-duty officer against a defenseless man.

Grismore, who took the stand in his own defense, argued the force was not excessive and was within the bounds of his training. He argued he was using his foot to push down the shackled inmate, to prevent him from falling down.

A new trial is expected but no date has been set, according to the county clerk’s office.

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 for kicking the prisoner. He pleaded not guilty to a simple assault charge.

Grismore was the only candidate on the ballot after winning both the Republican and Democratic nominations in the Aug. 9, 2022, primary. Just before he took office in February 2023, state police said they were investigating the finances of the Franklin County Sheriff’s Department and Grismore.

In December, 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.

Grismore has said 99% of his job as sheriff is administrative and that he plans to appeal the council’s decision.

Neither Grismore’s attorney nor DiSabito responded to a request for comment.

In April, a special legislative committee recommended against impeachment of Grismore but said the sheriff is doing a disservice by remaining in office.

In response to legislative committee, Grismore said in a statement that he is disappointed in the amount of time and money that he says has been wasted on this process. He said he won’t be resigning and is pleased that Franklin County voters and residents who have supported him have been vindicated.

“I am accountable to the voters of Franklin County,” he said.