An Arapahoe County jury has convicted former Aurora police officer Francine Martinez for failing to intervene in excessive force used by another officer on July 23, 2021.

Body camera footage captured former officer John Haubert choking and beating Kyle Vinson, then 29, in the head with his gun.

The officers had responded to a trespassing call on South Parker Road. Two other people ran away, while Vinson stayed at the scene. It turned out Vinson had an active warrant for an unrelated incident. He was not armed.

Footage from Haubert’s body-worn camera shows Vinson gasping for air and struggling to speak. Near the beginning of the footage, as Vinson lies on his back, Haubert orders Vinson to get on his stomach while Vinson repeatedly asks, “What did I do?”

Haubert tells him he has an active warrant, the video shows.

Haubert tells Vinson several times to “stop fighting,” though Vinson does not appear to be resisting at that point. Haubert also presses his gun up against Vinson’s head.

Colorado’s legislature created the failure to intervene charge for law enforcement officers in 2020. That law also that mandated data collection by agencies on officers’ interactions with civilians and expanded requirements for when officers have to turn on their body cameras. It also requires revocation of an officer’s state certification if they plead guilty or are convicted of excessive force or failing to intervene.

Martinez’ conviction means Colorado’s Peace Officer Standards and Training board must permanently decertify her, and she can’t work as a law enforcement officer in Colorado again.

“Officers have a duty to intervene in situations like this,” said Chief Deputy District Attorney Brian Sugioka in a statement Friday following the trial. “Officer Martinez failed to do anything to de-escalate the situation and stop the assault.”

Martinez’ sentencing is scheduled for June 2.

The Aurora Police Department fired Martinez in August 2021 based on an internal investigation’s findings. It found that she violated the department’s duty to intervene, conformance to law and performance standards.

Haubert resigned a few days after the incident. He has a trial scheduled for November on several counts:

• Attempted first-degree assault causing serious bodily injury with a deadly weapon
• Second-degree assault (strangulation)
• Felony menacing
• Official oppression
• Official misconduct
• A crime-of-violence sentence enhancer

The Denver civil rights firm representing Vinson, Rathod Mohamedbhai, said the attack on him was unprovoked, and thanked the district attorney’s office for prosecuting the case.

“In this case, Officer Martinez had a front-row seat to the brutal assault of Mr. Vinson at the hands of her fellow officer,” the firm said in a statement. “Her failure to protect Mr. Vinson was unconscionable and in violation of her basic duties.”