Former Aurora officer found guilty of failure to intervene in violent arrest of Kyle Vinson

A former Aurora police officer, fired after she failed to intervene in the violent arrest of a Black homeless man in 2021, was convicted of a misdemeanor Friday for that inaction.

Francine Martinez was found guilty of failure to intervene, a class 1 misdemeanor, as bodycam video showed former Aurora Officer John Haubert beat Kyle Vinson. That video shows Haubert pistol whip Vinson at least seven times and choke him for 40 seconds. 

Arrest warrants were issued for Martinez, 42, and Haubert, 40, just days after the arrest of Vinson. Former Aurora Police Chief Vanessa Wilson also publicly apologized around that time. Martinez was fired about a month later.

"While the vast majority of police officers uphold the highest standards when interacting with victims and suspects, we are committed to holding officers accountable when they break the law and betray the badge," 18th Judicial District Attorney John Kellner said in a statement. "I'm grateful for the jury's service and for returning a just verdict."

Vinson and two others were leaving an Aurora Starbucks on July 23, 2021 when police officers ordered them to the ground. The two others that were with Vinson fled, but Vinson remained seated and appeared to have complied with the officers' orders.

RELATED: Kyle Vinson, man injured in violent Aurora police arrest, doesn't understand why he was 'brutalized'

Haubert, video shows, suddenly attacks the unarmed and apparently compliant Vinson. "I can't even breathe," Vinson could be heard crying.

"He told me to get on the ground and I got on the ground and I was like 'What did I do?' And they didn't tell me what I did," Vinson told CBS News Colorado in a later interview. "And then before I knew it I was on my face with a hand to the back of my head and a pistol to my head."

For his alleged part, Haubert has been charged with first-degree assault resulting in serious bodily injury with a deadly weapon, strangulation, felony menacing with a weapon, official oppression, first-degree official misconduct and a he faces a sentence enhancement due to his alleged use of a weapon in a violent crime. He pleaded not guilty to all charges in June last year.

The Denver-based civil rights law firm Rathod Mohamedbhai, which is representing Vinson, released a statement Friday in response to Martinez's conviction:

"The law firms of Rathod | Mohamedbhai LLC represent Kyle M. Vinson with respect to the horrific violence that he endured at the hands of the Aurora Police Department on Friday, July 23, 2021. The harrowing body camera footage of Officer John Haubert's vicious, unprovoked assault illuminates the ongoing issue of police violence, particularly against communities of color.

We are heartened by today's jury verdict in the case of People v. Francine Martinez, 21CR001676. In this case, Officer Martinez had a front-row seat to the brutal assault of Mr. Vinson at the hands of her fellow officer. Her failure to protect Mr. Vinson was unconscionable and in violation of her basic duties. We commend Chief Deputy District Attorney Brian Sugioka and the Arapahoe County District Attorney's Office for prosecuting this case and recognizing the criminal nature of Officer Martinez's failure to intervene."

A voicemail seeking comment was left for Martinez's attorneys Friday evening.

"Officers have a duty to intervene in situations like this," 18th Judicial District Chief Deputy District Attorney Brian Sugioka said. "Officer Martinez failed to do anything to deescalate the situation and stop the assault." 

Martinez is due back in court on June 2 to be sentenced. A class 1 misdemeanor is punishable by up to 364 days in jail, a fine of up to $1,000 or both. Additionally, a state law passed in 2020 requires that, if convicted, the state permanently revoke the person's police officer certification, which can only be reinstated if they're exonerated. Martinez appears to be one of the first Colorado police officers convicted under that new law.

Haubert is due back in court in September. His trial is set for November. If convicted, he faces the possibility of decades in prison and thousands of dollars in fines -- possibly hundreds of thousands of dollars.