Today, a jury convicted Francine Ann Martinez of Failure to Intervene, a Class 1 Misdemeanor, for her involvement in an excessive use of force case during a 2021 arrest.
Just after 2 p.m. on July 23, 2021, Officers John Haubert and Francine Martinez were dispatched to a trespassing call in the 3100 block of S. Parker Road. Upon arrival, two people took off running. A third person, identified as Kyle Maurice Vinson, stayed on-scene and officers confirmed he had an active warrant stemming from an unrelated incident.
In the process of arresting Vinson, it is alleged that Officer Haubert used excessive force on Vinson. Vinson was taken to the hospital to be treated for multiple injuries.
“Officers have a duty to intervene in situations like this,” Chief Deputy District Attorney Brian Sugioka said. “Officer Martinez failed to do anything to deescalate the situation and stop the assault.”
Haubert and Martinez are no longer employed with the Aurora Police Department. Martinez will be sentenced June 2.
Haubert faces the following charges:
-Attempted 1st Degree Assault causing Serious Bodily Injury with a Deadly Weapon
-2nd Degree Assault/Strangulation
-Felony Menacing
-Official Oppression
-Official Misconduct
-Violent Crime Sentence Enhancer
Haubert’s trial is scheduled for November 2023. Haubert is presumed innocent and the prosecution bears the burden of proving the charges beyond a reasonable doubt.
“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,” District Attorney John Kellner said. “I’m grateful for the jury’s service and for returning a just verdict.”
In 2020, Colorado lawmakers passed a police accountability bill which makes it a crime for officers not to intervene or report use of force incidents.