The City of Burlington has brokered a settlement agreement with the family of Douglas Kilburn, who died after Burlington Police Officer Cory Campbell punched him in the head.
Kilburn’s family filed the case in November 2020 against the city for Campbell’s “unreasonable and excessive use of force, which ultimately resulted in [Kilburn’s] unjustified death,” according to the lawsuit.
Samantha Sheehan, spokesperson for Mayor Miro Weinberger, told VTDigger via email that Kilburn’s family received $45,000.
Documents dismissing the suit against Campbell, Weinberger and former Police Chief Brandon del Pozo were filed in U.S. District Court on Friday afternoon.
Sheehan said the city’s insurer, Travelers Insurance, determined that on “economic grounds,” a settlement of $45,000 to Kilburn’s estate “was preferable to incurring the cost of a successful defense.” She said the money will be paid by the insurer and will not come out of the city’s funds.
In a statement provided to VTDigger, Weinberger said he hopes the settlement brings closure to Kilburn’s family.
“I welcome today’s filings which dismiss all city officials from this suit, and hope that this resolution brings peace of mind and overdue closure to the [Kilburn] family for their tragic loss,” Weinberger wrote.
Evan Chadwick, the attorney representing Kilburn’s family, told VTDigger he had no comment on the resolution of the case.
Neither current BPD leadership nor del Pozo immediately respond to a request for comment. Del Pozo resigned in December 2019 after revelations that he created an anonymous Twitter account to harass a local activist.
In March 2019, Campbell had gotten into an altercation with Kilburn at the University of Vermont Medical Center, according to body camera footage that was subsequently released.
Kilburn was visiting his wife but became agitated with hospital staff, so Campbell escorted him out of the building. Campbell returned to the hospital later that night and came into contact with Kilburn again, who was arguing with hospital staff at the ambulance bay.
Campbell told him to “shut the fuck up and leave,” which upset Kilburn. Campbell approached his car, then Kilburn got out and continued to argue with Campbell. Campbell put his hands on Kilburn’s wrist and chest when Kilburn swung two punches at Campbell.
Campbell punched Kilburn back in the head. He handcuffed him on the ground while Kilburn was bleeding from a cut on his face, according to the footage.
The lawsuit denies that Kilburn intentionally tried to punch Campbell. He said he had become stuck in his seatbelt, causing some contact to occur between him and Campbell.
Kilburn was found dead days later after the altercation in his apartment. His death was ruled a homicide, meaning he would not have died if it weren’t for the blunt force trauma caused by Campbell.
His death was investigated by Attorney General TJ Donovan, but no charges were brought against Campbell. Donovan argued Campbell acted in self defense.
Del Pozo and Weinberger had contested the homicide finding with the chief medical examiner. The lawsuit accused del Pozo and Weinberger of trying to “obfuscate and tamper with an active investigation” by contacting the medical examiner — which both men have denied.
Campbell was one of three officers at the center of protests last summer, criticizing the BPD for excessive and violent use of force, which led to a weekslong occupation of Battery Park. One of those officers, Jason Bellavance, received a $300,000 buyout to leave the force. Campbell is still employed by the BPD.
