At first, Police Officer Cory Campbell acted as mediator.
He stayed calm as Douglas Kilburn, a 54-year-old stroke victim, aired his frustrations with University of Vermont Medical Center security guards who wouldn’t let him visit his wife in the emergency room. Campbell’s bodycam footage of their March 11 encounter shows that the Burlington cop offered a solution: He’d escort Kilburn through the hospital.
The plan worked, and when Kilburn got to his wife’s bedside, he extended his hand to shake Campbell’s.
Campbell ‘s demeanor was much different when he encountered Kilburn again seven minutes later. Kilburn was inside his Buick SUV in the hospital’s ambulance bay, arguing again with a security guard.
Campbell yelled, “Shut the fuck up and leave! Go! They don’t want you here!”
Kilburn had been inching his car away from the hospital entrance. But he stopped and opened the door, triggering a violent altercation with the officer that left Kilburn with a broken jaw and fractured orbit bone.
He died three days later. Chief state medical examiner Steven Shapiro classified his death as a homicide and noted blunt force trauma as one of several factors that killed him, along with obesity, hypertension and diabetes. City leaders have questioned the veracity of the homicide finding.
Bodycam video released Wednesday seemed to confirm Campbell’s claim in previously reported arrest records that Kilburn took a swing as the officer tried to physically control him. It also showed how quickly the situation escalated once Campbell lost patience.
At a press conference Wednesday, representatives from the Burlington Police Officers’ Association said the video showed Campbell punched Kilburn solely to protect himself.
“This is a simple case of self-defense,” attorney Rich Cassidy said after offering a running commentary on the 35-minute video. “It’s obvious that Mr. Campbell should not be charged with any crime.”
But Kilburn’s uncle, Albert Kilburn, told Seven Days the video shows that Campbell should be removed from law enforcement ranks.
“It is clear to me that Officer Campbell’s aggression and his foul vulgar mouth are what provoked this incident,” he wrote in an email. “Douglas’ behavior is pretty much that of the nephew I knew. Loud, annoying at times, and outspoken, and ready to stand-up for himself when the need to do so arises. Officer Campbell’s unwarranted vulgar provocation was a stand-up time that ultimately cost Douglas his very life.”
The police union obtained a court order last Friday compelling the city to release the footage. City officials had been withholding the video at the request of state police, even as they said it would ease outcry over their alleged meddling in the outside investigation.
The city provided the video to the union before responding to media requests, which the union seized as an opportunity to explain the footage through its lens. Dave Clements, a former union president and Burlington Police Department use-of-force instructor, told reporters the punches thrown by Campbell were “absolutely” in accordance with police training.
Campbell’s curse-colored directive was not, he said, but represented the “escalation of a verbal command” in a stressful situation.
“If somebody is going to fault an officer for what he says when he’s in a situation where he’s facing risk of personal injury and harm to himself and risk of injury to others, I guess you can do that,” Cassidy added. “But we hope [the video] would help advance the cause of public understanding about how difficult the job is that officers are called upon to do.”
Cassidy said Campbell was escorting another person to his police car when the second interaction took place. Campbell was in a hurry to get that man to a homeless shelter before it closed at 6 p.m., Cassidy said. Kilburn had pulled into the ambulance bay and was arguing from the driver’s seat as the engine idled.
As he walked by, Campbell stopped and asked the security guard if the guard was going to “trespass him” — in order words, kick Kilburn off the property. The guard said, “I don’t know, I don’t know what I’m supposed to—” before Campbell replied, “Well, make up your mind.”
“You don’t need to trespass me. I’m leaving,” Kilburn interjected, allowing the car to roll forward a few feet.
Campbell waved, saying, “Alright, bye. Leave. Goodbye.”
Then Kilburn pointed out the window toward the hospital entrance. “Christ, I’ve known that guy for 30 years!” he said, though it’s unclear to whom Kilburn was pointing.
That’s when Campbell told him to “Shut the fuck up and leave!” prompting Kilburn to direct his ire toward the officer.
“Did you just swear at me? You’re a fucking punk!” Kilburn said.
He said something partially inaudible that ended with “before I come over.”
Campbell, who had been moving away from Kilburn’s car, turned around and walked back toward the driver’s window. Kilburn opened the door and swung his feet out as he yelled, “He ain’t got a right to swear at me!” 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. Campbell grabbed Kilburn’s arm, then appeared to deliver three or four hits to Kilburn’s face, though his hands were not visible in the video. Kilburn fell to the ground within seconds.
Kilburn moaned as Campbell and the guards handcuffed him. It’s hard to hear what Kilburn said next, with his face against the pavement, but the officer’s response was clear.
“I don’t give a fuck,” Campbell said. “You just punched me in the face.”
State police finished an outside review of Kilburn’s death last month, but Attorney General T.J. Donovan has not yet announced whether he plans to bring criminal charges against Campbell.
Kilburn’s sister, Lisa Webber, did not return a call for comment Wednesday. She previously told Seven Days in April that she had accompanied Kilburn for the first part of his trip to the hospital, before police arrived. She said Kilburn was upset at the time about money he believed a relative owed him. He encountered the relative at the hospital, Webber said, and the two caught security guards’ attention as they argued loudly.
In the video of his initial encounter with Campbell, Kilburn appeared to reference the owed money as “what this is all over, four grand.”
Webber also provided details about Kilburn’s physical health, including a recent stroke that had left him with limited use of his left side and trouble controlling his emotions.
“There was no filter with Doug anymore,” Webber told Seven Days. “He was either upset and loud, or he was very, very calm. It was like a switch.”
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“Had Campbell kept his mouth shut Kilburn simply drives off.”
Wrong. Kilburn wouldn’t leave the scene and get out of the ambulance spot.
“I don’t know what drove him to get involved.”
Guess you weren’t paying attention. The hospital staff asked him to.
Had Campbell kept his mouth shut Kilburn simply drives off. Campbell effectively did his job by simply being a presence. I don’t know what drove him to get involved in the childish back and forth with Kilburn. Maybe he was trying to intimidate him and maybe he was bitter about having to go to the hospital to deal with the homeless guy. Either way Campbell has to be above reproach but instead he proceeded to put his hands on Kilburn who struggled to even get out of his car. Campbell’s poor attitude, unprofessional behavior, and initiation of the physical confrontation are the lead dominoes here. Even if Kilburn does not die Campbell needs to face discipline. Unfortunately Kilburn does die and that, as police are well aware, factors into any charges.
The Oracle
“Whether you support Campbell or not, Kilburn would’ve survived if he didn’t have all those other medical issues.”
And that is supposed to make the assault by a rogue public servant acceptable?
If he assaults your Grandfather next and your Grandfather dies a few days later, you going to say it because of his age? I know my Grandfather wouldn’t take that kind of mouth from some punk kid. Costume or not.
Whether you support Campbell or not, Kilburn would’ve survived if he didn’t have all those other medical issues.
I have watched the footage twice and even after Kilburn was down Campbell was still swearing and saying whatever to him.. That is not professional conduct and that hothead Campbell should be off of the force! And I don’t understand why all of the dislikes are on here unless they believe in the police violence!
First off . . I wouldn’t want to be a cop, even in artsy-fartsy Burlington.
After watching this video I’m impressed with Campbell’s professional handling of his first encounter with Kilburn. Campbell was textbook perfect, he defused the situation , handling a highly unstable, irate person how he was trained to do. I commend him for it.
However, I am very disappointed in Campbell’s second encounter with Kilburn, who was in his car and pulling away from the hospital and obviously leaving the situation. Yes, Kilburn is hollering out of his window at hospital staff but he IS leaving. Campbell decides to insert himself even tho the situation appears to be resolving itself. So Campbell puts in his two cents and Kilburn reacts, getting out of his car and swinging and hitting Campbell. Campbell wails on Kilburn, hitting him 4 times in the head, inflicting blunt force trauma that, according to the coroner, results in Kilburn’s death a few days later.
Campbell’s lawyers releasing this video is an obvious play to say that Campbell was defending himself and sway any potential jurors. I’m not buying it. What I see is a cop who, in the second encounter, antagonizes an already angry person who is leaving the scene. Yes, Kilburn swings first as he is already escalated and in a rage. Campbell’s response is out of proportion as it was Campbell who made the situation worse . I do believe that all police officers are given restraint training, and carry mace. Campbell instead, goes directly to physical force.
If I were sitting on a jury in this case I would believe that Campbell is guilty of manslaughter and should be removed from BPD and given jail time.
Kilburn wasn’t being arrested, wasn’t being charged with anything, the hospital staff clearly said they weren’t pressing trespassing charges. There was no jurisdiction for Cambell to act in the first place. None! Campbell, walked up to Kilburn as he got out of his car, and put his hands on Kilburn. He had no lawful authority to put his hands on Kilburn in the first place, much less instigating the entire incident & then escalating it to an assault. I’m pretty sure you have to be attacked in some way before you can claim to be “defending yourself”. His putting his hands on Kilburn was the assault.
The foul mouth and hostile attitude is certainly professional misconduct. Officers under oath of office, have an obligation to not escalate a situation.
The only way they can get away with this is to push it into a Statutory Jurisdiction, where it doesn’t belong. Don’t let them.
Campbell does not come out of this looking good. Self defense? A highly trained officer of the law could have handled that whole situation much better than that. I still see nothing that justifies the injuries sustained by Kilburn.
Omg! How dare that officer defend himself from a physical attack! Thats totally outrageous!
Weird how when Im working with clients and they swear at me or dont listen to me, I never swear back at them, never put a hand on them while theyre escalated. If I did that Id be fired, nevermind if I punched them in self defense. Yet somehow all of this is appropriated behavior? What are our police being taught?