AURORA, Colo. — Following more than a week of testimony, an Arapahoe County jury acquitted a former Aurora officer who was seen in body-worn camera footage repeatedly hitting a man with his gun.
John Haubert, who resigned after being charged, pleaded not guilty to assault and other charges related to the 2021 violent arrest. During opening statements on April 2, prosecutors said that he used excessive and unreasonable force while arresting Kyle Vinson on July 23, 2021, after responding to a trespassing call in the 3100 block of South Parker Road.
Just before 3:30 p.m. Thursday the jury's verdict was read. They found him not guilty on all charges.
"Today, a jury acquitted John Haubert on all charges," District Attorney John Kellner said. "While we are disappointed in the verdict, we respect the jury's decision. We have a duty to investigate and prosecute cases we believe we can prove beyond a reasonable doubt at trial. This verdict does not change our commitment to seeking justice for victims.”
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At his trial, one of Haubert's lawyers, Kristen Frost, said Haubert had the right to use his gun like he would use a baton against Vinson because Vinson tried to grab Haubert's gun — an act that prosecutors denied. Haubert would have been justified in shooting Vinson, she said.
Hoisington said Vinson, who had a warrant for his arrest, remained in a defensive stance during the encounter and put his hands up to try to protect himself from Haubert’s gun.
Prosecutors contend the video shows Haubert strangling Vinson for nearly 40 seconds. Haubert's defense admitted he had his fingers wrapped around Vinson's neck but said he was only using his hand to restrain Vinson, not strangle him.
The trial wrapped up late Wednesday with closing arguments.
This involved an arrestee, who was in fact resisting arrest. It's not really that unusual for an officer to be acquitted, when there seems to be a significant basis for the use of physical force... It's really not shocking at all," said 9News Legal Analyst, Scott Robinson.
What was shocking to Robinson, however, is that Haubert's partner was convicted in that same arrest.
Another former officer, Francine Martinez, was found guilty of failing to intervene to stop Haubert, a misdemeanor crime created by state lawmakers as part of a police reform law passed shortly after the killing of Floyd in Minneapolis in 2020.
"It is relatively unusual for an individual who is essentially an accessory... in a criminal case to be convicted, where the principal is later acquitted," said Robinson.
She was sentenced to six months of house arrest.
Had the order of these cases been reversed, Robinson still believes it would not have impacted Martinez’s guilty verdict.
"Two separate trials are going to be separate evidence, a different jury, and different lawyers," Robinson contends that Haubert’s acquittal may have even discouraged the District Attorney from pursuing Martinez’s case.
Both Haubert and Martinez resigned from the Aurora Police Department. Despite Haubert's acquittal, the department stated that they would not consider rehiring him.
"Had he not resigned, he would have been recommended for termination. He would not be considered for re-employment if he were to apply," the department said in a statement to 9News.
Qusair Mohamedbhai, the civil rights attorney who secured a one-million-dollar settlement from the Aurora Police Department for Vinson, stood by him, stating that Vinson did not commit any wrongdoing. Mohamedbhai spoke on Vinson's behalf, emphasizing that while the trials may have concluded, the repercussions will endure indefinitely.
"Fortunately, it appears that the injuries Vinson suffered from being struck in the head multiple times are not permanent, but the emotional scars persist," Mohamedbhai remarked, expressing his expectation that Vinson will actively engage in raising awareness about issues related to police brutality within the community.
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