North Hero, VT – Franklin County Sheriff John Grismore appeared in court Thursday morning with his attorneys arguing that assault charges against the sheriff should be dropped.

Grismore faces charges from just over a year ago when he was caught on video kicking a man who was in police custody. His attorneys want the charges dropped, saying it can’t prove it Grismore, who as a captain with the department at the time, acted recklessly.

Jeremy Burrows, the alleged victim in the case, attended Thursday’s hearing. Attorneys for Grismore showed several video clips, including footage of Grismore kicking him in the groin. In other video, Burrows was heard and seen threatening deputies leading up to and during his arrest. Burrows admits to being drunk and on drugs when he was arrested.

Following last August’s incident, Grismore was fired from his job with the Franklin County Sheriff’s Department. He was elected sheriff in November, and currently faces an impeachment inquiry by members of the Vermont House.

The judge did not rule on the motion today. He said the matter is under advisement and he would have a ruling out as soon as he can.