This story was updated at 7:44 p.m.
BURLINGTON — Attorney General TJ Donovan announced Friday that he would not bring charges against Burlington police officer Cory Campbell in the March death of Douglas Kilburn.
Donovan said at a press conference that his office determined Campbell’s actions were “reasonable and justified.”
Kilburn’s widow, Sherry Kilburn, and son Tyler LeBeau, attended the press conference and said they disagreed with Donovan’s decision not to charge Campbell.
Kilburn, 54, died days after Campbell punched him in the ambulance bay of the University of Vermont Medical Center. The chief medical examiner ruled his death a homicide, a finding which means that Kilburn would not have died if he had not been punched by Campbell.
Campbell responded to the hospital after getting a call that Kilburn had been acting irate while visiting. Campbell initially helped Kilburn through the hospital to see his wife.
But after going to another call, Campbell re-engaged with Kilburn, who was then in his car in the ambulance bay arguing with hospital staff. Kilburn became increasingly agitated after Campbell yelled at him to “shut the fuck up and leave,” and Campbell’s body camera footage showed Kilburn getting out of his car and punching Campbell before Campbell punched him back.
While Donovan will not bring charges against Campbell, he did acknowledge Friday that Campbell’s behavior escalated the situation.
“Officer Campbell’s use of foul language and antagonistic behavior did not de-escalate the situation which, ultimately, put him in a position where it was necessary to physically defend himself,” Donovan said.
Sherry Kilburn said she “absolutely” thought Campbell should have faced charges.
“It really sucks all these cops keep killing people and getting away with it and being called justified,” she said.
Donovan said that Campbell’s use of force was justified as Kilburn threw the first punch and Campbell used a “reasonable amount” of force in response.
“Officer Campbell was reasonable to believe that he was in immediate danger of unlawful bodily harm and his use of such force was necessary to avoid this danger from continuing,” he said.
Burlington Police Chief Brandon del Pozo said that he thinks Donovan and State’s Attorney Sarah George, who’s office also reviewed the case and declined to press charges, reached the right conclusion.
“We feel that that’s the right decision, and we’re glad they arrived at it carefully and with due process,” he said.
Campbell has been on administrative duty since shortly after the incident but will be returning to full duty for his next scheduled shift, del Pozo said.
Campbell has participated in the department’s scheduled deescalation training and patrol procedures training while on administrative duty, del Pozo said.
“He’s had the opportunity to really process and reflect on the incident as well,” del Pozo said.
Political maneuvering
The case received additional attention after VTDigger reported that del Pozo and Mayor Miro Weinberger had questioned the medical examiner’s homicide finding to Vermont Health Commissioner Mark Levine.
Scott administration officials called this “totally inappropriate,” and Donovan reached out to Weinberger to express his concerns about del Pozo’s public statements on the case.
LeBeau said that Weinberger and del Pozo had interfered in the investigation of his father’s death and that had further corrupted the tragedy.
“I find it appalling that you as the chief of police would interfere with an ongoing investigation with cooperation from the mayor’s office,” LeBeau said. “You take this career path knowing you must always hold yourself to a higher standard. You failed, Mr. del Pozo. Mr. Mayor, you failed. You failed by allowing the Burlington Police Department to use and abuse your office to further their agenda.”
Del Pozo said that he stood by his previous statements on the issue. Del Pozo and Weinberger denied trying to get the medical examiner to change his findings and said they were simply trying to gather more information.
“They have our deepest condolences and they’re entitled to their opinion,” del Pozo said. “What we’ve said on the record is our own opinion and it stands.”
Olivia LaVecchia, Weinberger’s spokesperson, said del Pozo was responding on behalf of the city.
Donovan said Weinberger and del Pozo stayed out of the investigation after he reached out. Asked if he thought that del Pozo and Weinberger’s behavior was ethical, Donovan said questions on that topic should be directed to the city.
Donovan’s decision and next steps
Donovan consulted with Steve Ijames, a longtime officer in Springfield, Missouri, who is a “highly recommended expert on police practices,” Donovan said.
Ijames concluded that Campbell demonstrated “empathy, patience and professionalism” during the first part of his encounter with Kilburn. But Campbell’s language and decision to return to Kilburn’s vehicle after walking away precipitated Kilburn’s assaultive behavior, Ijames found.
Nevertheless, Ijames concluded that those factors did not justify Kilburn’s decision to punch Campbell. Ijames concluded that Campbell was acting in self-defense.
Donovan said he felt bringing in an independent expert was necessary although it added to the length of the review.
The announcement comes weeks after the attorney general’s office announced it would not be pressing charges against an officer who shot and killed a Montpelier man in August.
In reviewing use of force incidents, Donovan stressed that the law mandates him to look at “a matter of seconds” where the force is being used, not the wider context of situations.
California enacted a more restrictive use of force law this year which restricts lethal use of force to only when it is “necessary in defense of human life.”
Donovan said he was not endorsing changing Vermont’s law to mirror California’s, but said he thought there should be a conversation about the topic in the Legislature this session.
Donovan said Kilburn was in crisis at the hospital and that the situation “could have been avoided.”
“It’s our hope, and I know it’s the Kilburns’ hope, that the Burlington Police Department will continue to commit to deescalation training for their officers to ensure that their department is equipped with the tools they need to effectively and safely respond to members of our community in crisis,” he said.
Del Pozo said the department has been focusing on limiting uses of force through a number of initiatives, including deescalation training, acquiring an emergency response vehicle and providing officers counseling when needed.
The department will be conducting an internal investigation that will evaluate the appropriateness of Cambell’s behavior from a procedural level, including his use of profanity, del Pozo said.
This investigation should take a few weeks and the department will announce its findings, del Pozo said.
Del Pozo said he was confident in Campbell’s ability to fulfill his duties.
“We’re confident that he will be able to serve and protect Burlington admirably,” he said.
Additional reaction
LeBeau described his father as an “incredibly loving man” who was an avid sports fan and a talented musician.
“I implore each and every one of us to remember that my dad was so much more than the few seconds that changed our lives forever,” he said. “He was so much more than than the few seconds you all judge.”
Kilburn loved his family, loved life, and did not deserve the treatment he endured, LeBeau said.
“I would do anything to just have five minutes back so that I can tell him how much I’m sorry, and how much I loved him,” he said. “I’ll never get that chance. My dad needed help, not handcuffs.”
Sherry Kilburn said that Campbell had taken “everything” from her and said that she hopes Campbell “rots in hell.”
“Not only was he my husband, he was my best friend,” Kilburn said. “Campbell took everything away from me.”
Sherry Kilburn said she believed Campbell should face consequences for his actions.
“He murdered my husband, and now his life goes on, and my husband can’t,” she said.
