Prosecutors Charge Cop For Kicking Inmate Who Bit, Witnesses Ruin Plan

In the case involving Sheriff's Deputy Sgt. Jesse Franklin and Nicholas Ballachino, the incident began when Ballachino was arrested for disorderly conduct while intoxicated and obstructing official business. During the booking process at the Hamilton County Justice Center, Ballachino became increasingly combative and resisted officers' orders. In an attempt to subdue him, officers forced Ballachino against a wall and eventually to the ground. However, he continued to resist and ended up biting Sgt. Franklin's leg near his ankle.

In response to being bitten, Sgt. Franklin used his other foot to kick Ballachino in the head, as captured on the surveillance camera of the center. Following the incident, Sgt. Franklin was immediately fired, and his police powers were suspended pending an investigation. The investigation concluded that he had used excessive force, leading to him being charged with misdemeanor assault by Hamilton County prosecutors.

The case went to trial before Judge Bernie Bouchard, but it was quickly acquitted due to a lack of expert witnesses to testify that Sgt. Franklin had used excessive force. Prosecutors were unable to prove their case, and the judge dismissed the charge, stating that Sgt. Franklin's actions did not rise to the level of a crime.

Although acquitted, Sgt. Franklin faced a civil rights lawsuit filed by Ballachino, alleging assault and battery and claiming that Franklin should have been disciplined for using excessive force. Ballachino claimed to have suffered long-term injuries, including a traumatic brain injury (TBI), and sought compensation for medical treatment and lost work abilities.

Ballachino was convicted of obstructing official business but was not charged in connection with biting Sgt. Franklin. He expressed dissatisfaction with the lack of discipline imposed on Franklin by the sheriff's office, despite Franklin being suspended and subsequently fired.

Overall, the case involved a confrontation between Nicholas Ballachino, who was being arrested, and Sgt. Jesse Franklin, who used a kick to the head in response to being bitten. The case resulted in Sgt. Franklin's firing and subsequent acquittal on the assault charge, while Ballachino pursued a civil rights lawsuit seeking compensation for his injuries.

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