Ohio sheriff’s deputy charged with assault for kicking an inmate in the face

An Ohio sheriff’s deputy has been charged with assault after he was filmed kicking an inmate in the head after the detainee bit his boot.

Hamilton County Sheriff Jim Neil announced in a Thursday press release that Sergeant Jesse Franklin had been arrested on a misdemeanor charge of first-degree assault. 

‘As sheriff, I am outraged and shocked by this egregious conduct. These actions are inconsistent with our training and will not be tolerated under my watch,’ Neil said in a statement.

‘I have suspended Sgt. Franklin without pay and am proceeding with the disciplinary process as required under the applicable collective bargaining agreement.’

On June 9, footage shows Franklin and multiple deputies struggling to restrain Nicholas Ballachino.

According to the sheriff’s department and the Hamilton County Prosecutor’s Office, Ballachino was arrested for disorderly conduct while intoxicated and obstructing official business.

On June 9, footage shows Franklin and multiple deputies struggling to restrain Nicholas Ballachino

While he was arrested by the Cincinnati Police Department, Ballachino had been transported to the Hamilton County Justice Center for processing. 

‘As sheriff, I am outraged and shocked by this egregious conduct. These actions are inconsistent with our training and will not be tolerated under my watch,’ Sheriff Neil said

In the clip, a shirtless Ballachino can be seen getting combative with officers trying to restrain him. 

He flings himself to the ground and the deputies pounce on top of him, with one able to pin Ballachino to the floor.

As deputies work around a squirming Ballachino, Franklin can be seen assisting in the detainment. 

But then Ballachino bites the sergeant’s boot and in response, Franklin gives him a powerful kick to the face.  

The clip ends with officers restraining a more toned down Ballachino. 

According to the prosecutor’s office, Ballachino was taken to the University Hospital to be treated for injuries he sustained from the kick. A cut he received over his eye required five stitches.

Prosecutors determined that because he did not receive ‘serious physical harm,’ the felony charge was not applicable. 

As deputies work around a squirming Ballachino, Franklin can be seen assisting in the detainment

But then Ballachino bites the sergeant’s boot and in response, Franklin gives him a powerful kick to the face

‘Not everyone has the temperament to be a police officer. In this case, and as I have throughout my career, when I see criminal violations, I will pursue them according to the law,’ Hamilton County Prosecutor Joseph T. Deters said in the release.

‘Maintaining a professional, 21st century police force is expensive to society, but pays for itself many times over.

‘Actions like this are a harsh reminder that resources must be dedicated to recruiting the right kind of officers and ensuring that they have the proper equipment, knowledge, training and temperament to do the job that citizens want and expect.’

Franklin’s case will be transferred to the City of Cincinnati as they handle misdemeanor cases in the city’s limit. If convicted, Franklin faces up to six months behind bars at the Justice Center.  

‘Not everyone has the temperament to be a police officer. In this case, and as I have throughout my career, when I see criminal violations, I will pursue them according to the law,’ Hamilton County Prosecutor Joseph T. Deters said in a release