CENTENNIAL, Colo. (AP) — A Colorado police officer used excessive and unreasonable force in the 2021 arrest of a Black man, pointing his gun at his head, repeatedly hitting the man with a gun and strangling him for 39 seconds, a prosecutor said Tuesday during opening statements in the ex-officer's trial.
“You can see the fear on his face,” Jade Hoisington told jurors after playing body camera footage showing the violent arrest of Kyle Vinson by John Haubert, who at the time was a police officer in the Denver suburb of Aurora. Hoisington also showed photos of the welts left on Vinson's head.
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 he 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.
Frost told jurors that Haubert did not have his fingers wrapped around Vinson's neck and he was only using his hand to restrain Vinson, not strangle him.
Haubert, who resigned after being charged, has pleaded not guilty to assault and other charges. His trial follows the convictions last year of a police officer and two paramedics from the city’s fire department in the 2019 death of Elijah McClain, who was put in a neckhold by police before being injected with the sedative ketamine by paramedics.
His arrest of Kyle Vinson in July 2021 renewed anger about misconduct by the city's police department. The department's then-chief, Vanessa Wilson, who had vowed to try to restore trust, announced Haubert's arrest four days later, calling the handling of Vinson's arrest a “very despicable act."
Vinson was taken to a hospital for the welts as well as a cut on his head that required six stitches, police said.
The body camera footage shows Vinson and two other men sitting under some trees in a parking after police responded to a report of trespassing. Two of the men got away from police, but Vinson was ordered to get on his stomach and put his hands out. He complied but repeatedly protested, saying he had not done anything wrong and police did not have a warrant.
In 2021, Vinson told The Associated Press he was a homeless Army veteran who was trying to take a break from the midday heat when police approached. When the arrest turned violent, he said he thought about never being able to see his brother or his friends, ride his bicycle or eat again.
Vinson said he tried to comply with the officers’ orders as best he could and control his emotions so he would not be killed, noting the deaths of George Floyd and McClain.
“If someone was even not compliant just a little bit, they could have lost their life,” he said.
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. She was sentenced to six months of house arrest.
FILE - This undated photo provided by the Aurora Police Department shows Colorado police Officer John Haubert, who was arrested after he allegedly beat a man with his pistol, choked him and threatened to kill him while attempting an arrest, Friday, July 23, 2021. Haubert is on trial over the violent arrest and opening statements are expected Tuesday, April 2, 2024. (Courtesy of Aurora Police Department via AP, File)
FILE - Kyle Vinson, left, stands with his attorney Qusair Mohamedbhai, Wednesday, Aug. 4, 2021, in Denver. Aurora Police Officer John Haubert is on trial over a violent arrest of Vinson and opening statements are expected Tuesday, April 2, 2024. (AP Photo/David Zalubowski, File)
FILE - In this screen grab taken from July 23, 2021, police body camera video provided by the Aurora Police Department, Officer John Haubert points a gun to the head of Kyle Vinson during an arrest in Aurora, Colo. Haubert is on trial over the violent arrest and opening statements are expected Tuesday, April 2, 2024. (Aurora Police Department via AP, File)
New York Jets (4-11) at Buffalo (12-3)
Sunday, 1 p.m. EST, CBS
BetMGM NFL odds: Bills by 9 1/2.
Series record: Bills lead 70-58.
Against the spread: Jets 5-10, Bills 9-6.
Last meeting: Bills beat Jets 23-20 on Oct. 14, at East Rutherford, New Jersey.
Last week: Jets lost to Rams 19-9; Bills beat Patriots 24-21.
Jets offense: overall (23), rush (31), pass (17), scoring (24).
Jets defense: overall (4), rush (16), pass (5), scoring (16).
Bills offense: overall (7), rush (9), pass (9), scoring (2).
Bills defense: overall (23), rush (14), pass (25), scoring (11).
Turnover differential: Jets minus-2; Bills plus-20.
QB Aaron Rodgers. The 41-year-old four-time NFL MVP is one touchdown pass from joining Tom Brady (649), Drew Brees (571), Peyton Manning (539) and Brett Favre (508) as the only players to throw 500 in the regular season. He’s dealing with a knee injury that he described as “a little MCL,” but insisted early in the week he’d play and was off the injury report on Friday. Rodgers could be playing in the last two games of his storied career as he’s undecided if he wants to return for a 21st year, and his future with the Jets uncertain as the team searches for a new general manager and head coach.
RB James Cook. The third-year player has topped 100 yards rushing in three of his past four, and scored five TDs, including one receiving, over that span. His 14 TDs rushing are tied for first in the NFL entering Thursday, and rank third on the Bills single-season list, behind Josh Allen, who scored 15 last year, and O.J. Simpson (16, 1975).
Bills pass rush vs. Jets O-line. The Bills, who rely mostly on a four-man pass rush, rank 25th in the NFL in by averaging 6.59% sacks per pass attempt. They face a veteran quarterback in Rodgers and a line that will be without starting left tackle after rookie Olu Fashanu (left foot) landed on IR this week. Max Mitchell and Carter Warren were competing this week to replace him.
Jets K Greg Zuerlein was being activated from injured reserve after missing seven games with a knee injury. ... WR Davante Adams (hip) was questionable, but optimistic about playing. ... DT Quinnen Williams sat out last week with a hamstring injury, but could return to play at Buffalo. … CB Sauce Gardner (hamstring) was questionable, as were RT Morgan Moses (knee), S Tony Adams (ankle), CB Michael Carter II (back) and DE Haason Reddick (neck). ... The Bills are getting healthier with starting CB Rasul Douglas practicing fully after missing two games. ... Buffalo’s starting safety tandem of Damar Hamlin (rib) and Taylor Rapp (neck) were questionable after practicing on a limited basis all week after also missing the past two outings. ... Starting LB Matt Milano was off the injury report after missing last weekend with groin injury. ... Allen was listed as a full participant all week after hurting his throwing elbow and shoulder against New England.
The teams have split the past two season series, with the Jets being the Bills only division rival to have beaten them once in each of the past two seasons. ... The Bills have won four straight at home since a 13-6 loss in a mean-nothing 2019 season finale in which Buffalo rested a majority of its starters after the first quarter. ... Buffalo is 16-8 in the past 24 meetings since snapping a six-game skid spanning the 2009-12 seasons.
The Jets are 2-8 since defensive coordinator Jeff Ulbrich replaced the fired Robert Saleh on Oct. 8 on an interim basis. … Rodgers is interception-free in seven of his past eight games, including none in each of the Jets’ past four on the road. … Rodgers needs one TD pass to give him 25 for the season. It would be the 14th time in his 20-year career he reached the mark, tying him with Brees (14) for the third-most seasons with at least that many. Only Brady (17) and Manning (16) have more. … Rodgers and WR Davante Adams have connected for 82 touchdowns, including the postseason, to tie Miami’s Dan Marino and Mark Clayton for the third most in NFL history by a quarterback-wide receiver duo. … Adams needs 72 yards receiving for his sixth 1,000-yard season. … In nine games since being acquired from Las Vegas, Adams has 56 catches for 719 yards and six TDs. … WR Garrett Wilson needs 13 yards receiving to reach 1,000 for the third straight season to start his career. He’s six catches away from surpassing his career high of 95 set last season. … The Jets went 99 yards on their opening possession to score a touchdown for the second straight game on their first drive after not doing so previously all season. … New York scored nine points and had no punts in the loss to Los Angeles. The Jets joined the 1991 Colts — a 16-7 loss to the Patriots in the season opener — as the only teams in the Super Bowl era to score fewer than 10 points and not punt. … The Jets allowed 110 net passing yards against the Rams, the third fewest they’ve given up this season and fifth time they held an opponent under 150 this season. … The Bills are a win from clinching the AFC’s No. 2 seed entering the playoffs. ... Buffalo has 12 wins for just the seventh time in team history, and third since 2020, and in position to match the team record previously done four times (1990, 1991, 2020 and 2022). ... The Bills are 10-0 at home since a 24-22 loss to Denver on Nov. 13, 2023, and have an opportunity to finish a season without a home loss for just the second time in team history (8-0 in 1990). ... Allen’s 75 wins through his first seven NFL seasons are tied for the most with Russell Wilson. ... Allen, who threw just his sixth interception of the season last week and also has two lost fumbles, is 6-1 this season and 44-27 overall when committing turnover. ... Buffalo’s 29 TDs rushing match a single-season team record set in 2016. ... Buffalo is 4-3 this season when trailing at the half after overcoming a 14-7 deficit against New England. ... Buffalo improved to 28-22 when allowing 20 or more points since 2019. The team went a combined 12-67 when allowing that many from 2011-18. ... Buffalo forced three turnovers last week, and has a takeaway in all but one outing this season.
Allen might have gotten you to your championship weekend, but he could be hard-pressed to put up big numbers against the Jets. Allen is 3-2 in his past five meetings and averaging just 215 yards passing, with seven touchdowns and six interceptions while being sacked 16 times.
AP NFL: https://apnews.com/hub/NFL
Buffalo Bills running back James Cook (4) reacts after scoring a touchdown against the New England Patriots during the third quarter of an NFL football game, Sunday, Dec. 22, 2024, in Orchard Park, N.Y.. (AP Photo/Gene J. Puskar)
New York Jets quarterback Aaron Rodgers, right, reacts on the sideline during the second half of an NFL football game against the Los Angeles Rams in East Rutherford, N.J., Sunday, Dec. 22, 2024. (AP Photo/Seth Wenig)
Buffalo Bills quarterback Josh Allen (17) passes against the New England Patriots during the first quarter of an NFL football game, Sunday, Dec. 22, 2024, in Orchard Park, N.Y.. (AP Photo/Jeffrey T. Barnes)
