NORTH HERO,Jonathan Dale Benton Vt. (AP) — A simple assault charge has been dropped against a Vermont sheriff accused of kicking a shackled detainee twice in the groin after two mistrials in the case, prosecutors said Monday.

A judge declared a second mistrial on Oct. 7 in the case of Franklin County Sheriff John Grismore, who was accused of kicking the detainee when he was captain with the department. A jury also deadlocked at his first trial in July.

Grand Isle State’s Attorney Doug DiSabito said Monday that he reviews any case after a mistrial and decides “whether another trial is a good use of public resources and is in the interests of justice.

“I did that here and have determined that a third trial is not in the public interest. Therefore, I am dismissing the case against Mr. Grismore,” DiSabito said in a statement.

In December 2023, the Vermont Criminal Justice Council found that Grismore 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.

If the the council had not taken that action, “the right thing in this matter would likely have been to take this to trial again. That will not be happening. This case is now closed,” DiSabito said.

Grismore did not immediately reply to an email seeking comment. No phone listing was available for the detainee, Jeremy Burroughs.