Updated at 4:48 p.m.
The March death of a 54-year-old man who’d been in a fistfight with a Burlington cop was a homicide, officials said Wednesday.
Vermont State Police are still investigating the encounter between Douglas Kilburn and Burlington police officer Cory Campbell, but a death certificate released Wednesday lists “skull fractures due to blunt impact” as a contributor to Kilburn’s death.
Details about the March 11 altercation are limited to what various police groups have asserted in press releases and a description Burlington Police Chief Brandon del Pozo gave at a Wednesday press conference.
According to state police, Kilburn assaulted Campbell in the parking lot outside of the University of Vermont Medical Center “before the officer was able to gain control of the suspect.” Kilburn was treated at UVM Medical Center for injuries and released on March 12.
He was found dead at his New North End apartment two days later.
While the death was classified as a homicide, Vermont Chief Medical Examiner Steven Shapiro was unable to determine how, precisely, Kilburn died. He instead listed multiple “contributing causes” including cardiac disease, diabetes, obesity and the skull fractures.
Del Pozo was quick to downplay the medical examiner’s finding, writing in a press release that the office “concluded that it cannot determine what caused Mr. Kilburn’s death.” The Vermont Department of Health disputed that characterization, saying the medical examiner did determine that his death was caused by a combination of factors.
Meanwhile, the Burlington police union said the medical examiner should not have classified Kilburn’s death as a homicide.
“It doesn’t read to me that he was able to definitively determine the cause of death,” Burlington Police Officers’ Association president Dan Gilligan told Seven Days. “He just listed a bunch of stuff.”
Gilligan and del Pozo emphasized that the homicide determination does not address whether Campbell’s conduct was justified, even if it contributed to Kilburn’s death.
But Gilligan also said he doesn’t believe Kilburn’s death was related to the altercation with Campbell. If it was, he said, UVM Medical Center wouldn’t have released Kilburn from the hospital.
“I’ve dealt with medical examiners’ reports before, and homicide is a serious thing. They usually do not say it,” Gilligan said.
UVM Medical Center did not immediately respond to a request for comment.
Burlington police requested the independent state police review after Kilburn was found dead, according to del Pozo.
But both del Pozo and Gilligan have put forth details about the encounter that have not been disclosed by the VSP or the medical examiner. Del Pozo’s press release, for instance, described Kilburn’s injuries as “small, non-displaced fractures” and notes that Campbell “punched Kilburn in the face” in self-defense. It also mentioned an initial encounter between the two men inside the hospital’s emergency department.
Questioned at a Wednesday press conference, del Pozo said that Campbell punched Kilburn “a few times,” but declined to elaborate. The chief said he decided to publicize some details about Kilburn’s injuries in order to “balance the need to keep the public informed … with the need to preserve the integrity of the investigation.”
“Skull fractures are serious. I had my skull fractured in three places in June as a result of a bike accident. I know they can be life-threatening. I think it’s important to provide a little bit of context for that, if it’s going to be reported,” he said.
The union’s statement noted that Kilburn had been at the hospital to visit his wife, who was a patient.
“Campbell used only such force as was necessary to end Kilburn’s assault,” Gilligan’s statement said.
Del Pozo declined to render judgment on that question Wednesday, citing the ongoing state investigation.
Campbell’s body camera and hospital surveillance footage captured the encounter, the police chief said, but the footage will not be released until the Vermont Attorney General’s Office decides whether to bring charges.
Del Pozo did, however, sketch a picture of what happened at the hospital. He said Campbell had responded to a call about an irate individual who was trying to see a patient. Campbell helped Kilburn get permission to enter the building, then left the scene.
Campbell returned to the emergency department on an unrelated call when he saw Kilburn blocking the ambulance bay with his vehicle. That’s when the altercation occurred, according to del Pozo.
Department policy does not categorically prohibit officers from throwing punches during the course of an arrest or in self-defense, del Pozo said.
The department had not yet begun a use-of-force review of the incident two days later, March 14, when a family member asked police to check on Kilburn. Police discovered his body during the welfare check.
Campbell has been working on administrative duty since Burlington police requested the state review, del Pozo said.
Seven Days has been unable to reach Kilburn’s family. He was known regionally as a softball star, according to his obituary.
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Of course cops almost always stick up for each other!
It is so easy for the arm chair quarterbacks to determine right and wrong actions, but how many have been in a situation where things escalated and a reaction was needed?
It is a scary situation and depending on the action you may decide you need to protect yourself and meet the actions with similar reactions.
Deescalation ! I have no idea whether Campbell was criminally responsible for the death of Kilburn . The job is difficult and it’s easy to be an armchair quarterback . What is clear is that this death was avoidable . Officers need more training on how to calm situations . The best action in an explosive situation is to diffuse the conflict . I recognize this isn’t always possible . It usually is .
“The chief said he decided to publicize some details about Kilburns injuries in order to balance the need to keep the public informed with the need to preserve the integrity of the investigation.
No, he publicized some details about Kilburn’s injuries in order to provide cover and deflect accountability from one of his officers. That’s fine, but then don’t lie about it and expect us to accept it for something other than what it is. Too bad the chief wasn’t more consistent with his desire to “balance the need to keep the public informed”.
Homicide doesn’t mean murder. It means death caused by another human being in its simplest terms. That being said, any time an officer is involved in a citizen’s death it needs to be investigated by an outside entity without ties to law enforcement. This is the main reason our law enforcement system is so broken. They investigate themselves and all too often find that they did nothing wrong. It’s a despicable and disgusting system set up to allow the police to get away with whatever (usually) plausible story they come up with. Never, ever believe something a cop says in their own defense. I would be willing to be on a jury but during jury selection I make it crystal clear that any testimony given by a law enforcement official will be dismissed as lies. I’ve never met a cop who tells the truth in court. And no, I’ve never been arrested or charged with a crime. The police’s own actions are why I don’t believe a thing they say. Until they’re held accountable for their criminal actions they’re to be feared more than any other criminal.
Homicide vs. murder
Colorado Vehicular Homicide DUI & DUID (under the Influence of any controlled substance)
Law 18-3-106 CRS
Colorado Manslaughter Laws: 18-3-103, 104, 105
Was the deceased carrying a medical card or wearing a medical identification bracelet?
How does the use of a taser affect anyone with a cardiac condition?
Actually, homicide is NOT always murder. And self defense, if that’s what this was, is certainly not always wrong. Self defense that results in death might not be murder. If all any of us know now about what happened is what’s in this news article, then no one can at this point fairly condemn the police officer for murder. All we know from the above story is that A attacked B, that B fought back, and that A, who also suffered from cardiac disease, diabetes, and obesity, was treated and released from the hospital and found dead in his own house two days later.
Actually, Stella, homicide is murder. The person who caused the death most certainly did something wrong.
Important context: Homicide means death caused by another person. It doesn’t say anything about whether the person who caused the death did anything wrong. That is not to say that Officer Campbell did not do anything wrong, just that this report doesn’t give us any more information about that.
https://www.npr.org/sections/health-shots/…