Today, Hamilton County Prosecutor Joseph T. Deters announces the misdemeanor assault indictment of Hamilton County Sheriff Sgt. Jesse Franklin for a June 9th assault of inmate Nick Ballachino in the Hamilton County Justice Center (“Justice Center”).

Franklin is charged with 1 count of Assault (ORC §2903.13 (A) Misdemeanor 1).  This case will be transferred to the City of Cincinnati as they prosecute all misdemeanors that occur in the city limits.  If convicted, Sgt. Franklin faces up to 6 months in the Justice Center.

On June 9th Ballachino was arrested for Disorderly Conduct While Intoxicated (Misdemeanor 4) and Obstructing Official Business (Misdemeanor 2) by the Cincinnati Police Department and transported to the Justice Center for processing pursuant to his arrest.

When they arrived at the Justice Center, Ballachino became combative with the officers trying to process him.  While the officers were trying to subdue him, Ballachino bit Franklin’s left foot.  Franklin was wearing work boots when this happened.  Video from the Justice Center shows Franklin immediately kicking Ballachino one time in the head after he bit him.

Ballachino was taken to University Hospital where he was treated and released back to the Justice Center.  As a result of this incident, he sustained a cut above his left eye which required 5 stitches.  He did not receive serious physical harm which would be required for a felony assault charge.

Hamilton County Prosecutor Joseph T. Deters commented, “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.

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.”