[B]URLINGTON — The Vermont State Police have concluded their investigation into the death of Douglas Kilburn of Burlington and have referred the matter to Attorney General TJ Donovan.
State police have been investigating since Kilburn was found dead March 14, days after being punched by Burlington police officer Cory Campbell in an altercation at the University of Vermont Medical Center.
Donovan, who will determine whether or not the officer will be charged in Kilburn’s death, said Tuesday that his office had received the investigation from the VSP.
“No timeline, we have the investigation and we are reviewing it,” he said.
Campbell said that Kilburn had punched him first, and that he punched Kilburn in order to subdue him.
Medical Examiner Steven Shapiro ruled Kilburn’s manner of death a homicide, a finding which means he did not think Kilburn would have died without the trauma induced by Campbell.
Burlington Police Chief Brandon del Pozo referred the case to the Vermont State Police after Kilburn’s death.
Campbell was not interviewed as part of the state police investigation, his lawyer, Richard Cassidy, told VTDigger last week. Cassidy advised Campbell not to speak to investigators after the city, at the request of the VSP, refused to allow Campbell to view his body camera footage of the incident before being interviewed.
“My advice would be, if the interrogator has information that they won’t share with you, then refuse to make a statement,” Cassidy said. “It’s an unfair advantage. He can look at what happened frame by frame, and know it in a way that no one’s memory would permit them to know.”
The state police do not allow officers to view their own body camera footage before speaking to investigators, as they believe allowing witnesses or targets of investigation to review evidence could alter their testimony.
The police union filed a public records lawsuit against the city seeking Campbell’s body camera footage, surveillance video from the University of Vermont Medical Center, Campbell’s report from the incident and the affidavit prepared about the incident.
The lawsuit is being contested by the city and is currently pending.
Shaprio’s homicide finding was contested by del Pozo and Mayor Miro Weinberger to Shaprio’s boss, Health Commissioner Mark Levine, hours before the VSP announced the finding. Scott administration officials believed del Pozo and Weinberger’s questioning the decision to Levine was not appropriate.
Donovan called Weinberger to express concerns about del Pozo’s public statements about the investigation after del Pozo held a press conference after Shapiro’s findings were announced.
