Attorneys for Kyle Vinson said he remained hospitalized and faced “a long road” to recovery a day after the Aurora Police Department released a video of his alleged assault at the hands of officers.

Aurora officers John Haubert and Francine Martinez were on leave from the department as prosecutors mull formal charges. Haubert turned himself in on a warrant alleging crimes including assault. Martinez turned herself in on a warrant alleging she failed to intervene to stop the assault, a misdemeanor.

Police body camera video released Tuesday showed Haubert hitting Vinson with a pistol and choking him, as he shouts, “Help! Don’t shoot me” and “I can’t breathe, dude.”

It’s the second major police brutality investigation for Aurora in less than two years. The department has repeatedly pledged reform since 23-year-old Elijah McClain died during what started out as a routine stop by Aurora Police officers.

The lawyer representing McClain’s family in a civil suit is now also representing Vinson. Qusair Mohamedbhai on Wednesday accused Aurora Mayor Mike Coffman of failing to stamp out police misconduct since McClain’s death.

“Mike Coffman has been stonewalling all efforts for meaningful police reform in Aurora and at some point the constituents need to look at their leader and say ‘are you part of the problem or are you part of the solution?'” Mohamedbhai said Wednesday.

In an email statement to The Gazette, Coffman responded that the Aurora department moved quickly to seek justice against the two officers involved in the Vinson incident.

“Two … officers are facing criminal charges for their alleged misconduct in the handling of a suspect,” Coffman wrote. “… I do not consider it appropriate for me to comment on the incident until the Internal Affairs investigation is complete and made public.”

Haubert and Martinez encountered Vinson while responding to a trespassing complaint at 3138 South Parker Road, discovering he had an outstanding warrant for a domestic violence case.

Haubert intervened as Martinez struggled to arrest Vinson, video showed. On the video, Martinez did nothing to stop Haubert as he hit Vinson 13 times with his pistol.

At a media briefing on the incident Tuesday, Aurora police Lt. Bob Wesner said that aside from six stitches in his head, Vinson’s injuries were not life-threatening, adding “Nothing as far as concussion that we’re aware of.”

Haubert could face multiple felony charges, including second-degree assault and attempted first-degree assault, police said.

Martinez could face misdemeanor charges for failing to intervene or report the use of force. Aurora officials added the duty to intervene to the city’s police policy manual in June of 2020. Martinez turned herself in to Glendale Police just after midnight Tuesday morning and was released on $1000 bail. Haubert turned himself in the day before and was free on $50,000 bail.

Haubert’s next court appearance is planned for Aug 9. Martinez has a hearing Aug. 16.

The duty to intervene and duty to report police use of force were part of a law enforcement accountability measure, Senate Bill 217, which Governor Jared Polis signed into law last summer following the George Floyd protests. Martinez is one of the first police officers to be charged under the law. Colorado lawmaker Leslie Herod told The Gazette that Martinez’ arrest is a sign that the bill “is working.”

Colorado is one of 14 states where police who fail to intervene in a fellow officer’s unlawful use of force could face criminal charges, according to the National Conference of State Legislatures, which has tracked state police reform in the wake of Floyd’s death.

“There’s always been a duty to intervene, but in some states, including Colorado, that comes with disciplinary consequences when an officer fails to intervene,” said Amber Widgery, who heads the organization’s Criminal Justice Program. “As laws get implemented, we’re going to start seeing more of how they have an effect on law enforcement and policing in general.”

Aurora police chief Vanessa Wilson took swift action after she viewed what she called a “despicable arrest” in Tuesday’s briefing. “We’re disgusted. We’re angry. This is not police work,” Wilson said. “This is not the Aurora Police Department. This was criminal.”

Wilson became chief last year. Since she took the helm, she has terminated 14 officers for misconduct.

Vinson’s attorney, Mohamedbhai said Wilson deserved applause for promptly addressing another brewing controversy.

“She has taken impressive and decisive actions on a compressed timeline that I have never seen before to address this situation,” he said.

Aurora officials including Wilson have expressed fear that Vinson’s case could spur explosive protests like those seen last year across Colorado.

At Tuesday’s press briefing, Wilson begged for peace.

“As angry as you are, I need peace in this city, please,” she said