The Burlington police officer who punched a man who later died will not face criminal charges, Vermont Attorney General T.J. Donovan said at a press conference Friday attended by the man’s family.
Donovan said Officer Cory Campbell was legally justified when he delivered three blows to Douglas Kilburn’s face during a March 11 argument outside of the emergency room at the University of Vermont Medical Center.
The attorney general called the case “troubling,” however, and faulted the cop for “antagonistic” actions that provoked Kilburn, in poor mental and physical health at the time, to lash out. Donovan called for continued police training on ways to deescalate tense situations.
The AG said he based his decision on conclusions by a national use-of-force expert, who found that Campbell had acted in self-defense because Kilburn swung at the officer first.
“This was a tragic situation that, frankly, could have been avoided,” Donovan said.
Kilburn’s widow, Sherry Kilburn, shook her head from the audience as Donovan announced his decision. Speaking to the media afterward, she said that the officer should have been charged.
“He murdered my husband, and now his life goes on. And my husband can’t,” she said.
The officer told Kilburn to “shut the fuck up and leave,” body camera video showed.
“Did you just swear at me? You’re a fucking punk!” Kilburn replied.
Campbell turned around and walked back toward the driver’s window. Kilburn opened the door and swung his feet out. Campbell put his hand on the car door, then on Kilburn’s left shoulder.
“You ain’t got a right to swear at me, motherfucker,” Kilburn said, swinging an arm toward Campbell, striking but not injuring him.
The controversy surrounding the encounter was further complicated by a politicized dispute over whether Campbell’s punches even contributed to Kilburn’s death.
The case set off a season of turmoil for Burlington police after Chief Brandon del Pozo and Mayor Miro Weinberger made an unusual, behind-the-scenes intervention in the state’s death investigation.
Del Pozo quietly tried to convince the state’s health commissioner to change a “homicide” death classification reached by the state medical examiner. Del Pozo also solicited help from the mayor, whose office made a last-minute request to Gov. Phil Scott to delay public release of the “homicide” finding so the city could press its argument.
Top state officials registered their dismay with the city’s actions, emails obtained by Seven Days showed.
“I find it appalling that you as a chief of police would interfere with an ongoing investigation, with cooperation from the mayor’s office,” he said.
Kilburn’s son explained that his father, an “incredibly loving man” and musician, was battling mental health issues following multiple strokes.
“He was winning this fight. He was getting better each and every day with hard work and dedication,” Tyler said. “My dad needed help, not handcuffs.”
Campbell has been assigned to administrative tasks since March and will return to patrol for his next scheduled shift, del Pozo said. The department will conduct an internal review of the officer’s conduct, primarily focused on his profanity. Any discipline is unlikely to include suspension or termination, del Pozo said.
The chief stood by his own actions, saying he and Weinberger raised “legitimate concerns” through their normal channels.
“My sympathies go out with the family,” he said. The mayor’s spokesperson said del Pozo would be speaking on his behalf.
Burlington Police Officers Association president Dan Gilligan had a different conclusion.
“The big takeaway from this is that we are scrutinized for whatever we do,” he said. “I have done all those things [Campbell] has done before and had great success with it. Sometimes things just don’t work out.”
Campbell did not allow Vermont State Police to interview him and has made no public statements about the incident. Gilligan said Campbell did not intend to comment on the AG’s finding clearing him of criminal conduct.
Public scrutiny of Burlington police has mounted since Kilburn’s death. Two black men sued the department for excessive force for separate downtown bar-close incidents that occurred in 2018. Video of those incidents came to light over the summer. The footage showed cops knocking the men unconscious, without warning.
The Burlington City Council responded by forming a committee to review police practices. The committee’s work is ongoing.
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Figures, and once again another cop who is probably guilty of murder gets to walk! The legal system is fucked up!!
Time for TJ to take a hike. Three or four blows to the face of an older man by a young physically fit man in response to a raised arm would be considered grievous assault in any other circumstances. When Campbell escalated the incident by swearing and then approaching the vehicle, knowing that Kilburn was emotional from his wife’s hospitalization, he knew or should have known that Kilburn would react. With no effort to avoid confrontation and a move toward Kilburn, Campbell was the aggressor and should have been charged. Kilburn was not committing a crime when Campbell started the confrontation.
This decision is a disgraceful miscarriage of justice by the highest legal officer in this state.
Sounds like those backchannel talks were much quieter than the ones trying to get the medical decision changed were.
wow…what a surprise
Maybe the hospital should not have released him!
This is a sad day. In typical fashion the authorities back up the police. TJ might have added a few crocodile tears for Kilburn’s family. “Law and Order” in these vicious and vulgar Trumpian times means those at the bottom of society get the business end of “justice” while those with means, political connections or a badge get protected from the consequences of their actions. I wonder if TJ has an extra wide poster of corrupt AG Bill Barr hanging up in his office.
Officer Campbell should leave town, if not the state. He is a diminished person here. What right thinking citizen would open their door to him if he knocked while answering a call? What is worse is that Campbell refused to let the VSP interview him, as though he had something to hide. His failure to cooperate is damning. Campbell should go work for Blackwater founder Erik Prince or Donald Trump, they like these kind of people who are “tough”.
Weinberger’s and Del Pozo’s interference in the case sounds like something that would happen in Chicago or NYC. Perhaps Miro is taking lessons from Rahm Emmanuel in ham handed mayoring techniques. He certainly hates it when folks don’t fall in line with his Grand Designs. Del Pozo, like Yaw Obeng , may have stayed beyond his time here.
Happy Holidays . . .
“Figures, and once again another cop who is probably guilty of murder gets to walk! The legal system is fucked up!!.”
Crazy, out-of-control man attacks cop, and all of the hippies want the cop’s head to roll. Figures.
Don’t do stupid shit at any hospital, like arguing with security guards and then you won’t get punched in the face. Pretty simple
Want to get away with rape, assault and murder. Don a police uniform.
“Kilburn was not committing a crime when Campbell started the confrontation.” Well that kind of depends on your personal opinion of when the “confrontation” started, doesn’t it?
Good call by the AG, typical complaints by those who provide the same kneejerk responses everytime a cop is involved in basically anything. But hey, you continue to enjoy the safety they provide at risk of their own lives.
“The department will conduct an internal review of the officers conduct, primarily focused on his profanity.” “Primarily focused on his profanity.” ? Seriously ? That’s nuts !
TJ, the anti-gun AG, is fine with authoritarian use of force, just not for the public who is supposed to be served and protected from excessive violence.
I have to break it to @OldNorthBender, but this has nothing to do with our great President Trump or our great AG Bill Barr. Not sure why she has her panties in such a wad over the great job they are doing for everyday Americans, while the swamp vermin circle their wagons in the partisan House lack of Intelligence Committee.
I think she would feel a whole lot better if she got up off the couch and out of her mom’s basement for some fresh air. It’s a bit cold out, so put on a coat and breath deep breaths.
TJ Donovan practices “CATCH & RELEASE” -of Criminals!!