No charges will be filed against the Aurora officer who shot Kilyn Lewis

AURORA, Colo. — The 18th Judicial District Attorney’s Office announced Friday that it will not file criminal charges against the Aurora SWAT officer who fatally shot Kilyn Lewis, an unarmed Black man, in May.

Lewis, 37, was arrested by the Aurora and Denver police departments on an outstanding warrant for attempted first-degree murder in connection with a shooting near E. 48th Ave. and Colorado Blvd. monitored. on May 5 in Denver. Lewis was shot by Aurora SWAT Officer Michael Dieck after he pulled an item from his pocket in front of armed SWAT members during an arrest attempt on May 23 – it was later determined to be a cell phone, according to bodycam video footage, which was released in June.

Lewis’ family and community members have repeatedly called for justice, from speaking at multiple Aurora City Council meetings to holding a “week of action.”

Watch our initial coverage in the video player below:

The family of an unarmed black man killed by police in Aurora is demanding justice

In a letter to Aurora Police Chief Todd Chamberlain, 18th Judicial District Attorney John Kellner said his office has concluded “there is no criminal liability on the part of Officer Michael Dieck for this OIS.” Kellner said, The case was submitted to the Arapahoe County grand jury for review, but the grand jury “declined to accept the case for further investigation.”

Kellner said his office reviewed several pieces of material before reaching its conclusion, including:

• Reports completed by members of the Aurora Police Department and the 18th Judicial District Critical Incident Response Team (CIRT).
• Body-worn camera videos of all officers involved, including Officer Dieck
• Photos of the scene
• Physical evidence from the crime scene
• Recorded interviews from Officer Dieck and other officers involved

On May 23, officers spotted Lewis leaving a hotel where he was known to frequent an unknown woman. The two got into his red Chevrolet and drove to Lewis’ apartment.
According to Kellner, the Aurora SWAT team planned to arrest Lewis after he got out of his car but before he entered his apartment. After parking, Lewis exited his vehicle and began unloading items from the trunk. At that moment, SWAT vehicles – both marked and unmarked – pulled into the parking lot and several officers exited the vehicles.

Kellner said officers formed a “semi-circle” around Lewis, who moved from the trunk to the driver’s door. The district attorney said Officer Dieck asked Lewis to “get on the ground” several times. Lewis “raised his right hand while keeping his left hand at his side and continued toward the driver’s door of the car,” Kellner said.

When Lewis reached the door, “he lowered his right hand and began to move his hand near the right back of his pants.” Waiter wrote in his letter that Lewis “[appeared] to manipulate something in his waistband or pocket.” After a second round of commands, Lewis “bends his knees slightly and appears to retrieve something from his right back pocket.”

According to Kellner, a neighboring officer’s body camera captured the moment of the shooting. The district attorney wrote, “From approximately 11:50:34 a.m. until the shooting at 11:50:37 a.m., Mr. Lewis continued to fumble with the right side and back of his pants while commands continued to be shouted so that he could use his hands.” shows.

The photo below is from the bodycam of the officer standing next to him and shows Officer Dieck with the gun pointed at Lewis.

18th Judicial District Attorney’s Office

Waiter said: “Mr. Lewis then uses his right arm to retrieve an object from his right back pants pocket. From the bodycam footage it appears that it is a dark colored object with a light colored oblong object on top.”

18th Judicial District Attorney’s Office

The district attorney continued, “At that moment, seven seconds after the officers exited the vehicles and ordered Mr. Lewis to get on the ground, Officer Dieck fired a bullet, striking Mr. Lewis in the abdomen.”

After he was shot, Lewis immediately fell to the ground and repeatedly yelled, “I have nothing,” Kellner said. SWAT officers handcuffed Lewis and began administering first aid.

According to Kellner, officers found a black cellphone and “several white tubes of fruit snacks” on the ground near Lewis after he was shot.

Kellner concluded that Officer Dieck “had an objectively reasonable belief” that Lewis had and “brought” a firearm in his right hand. [it] “The district attorney said the officer’s actions fell within the legally justified use of deadly force.

In a statement, the Justice for Kilyn E. Lewis Action Team said it learned of DA Kellner’s decision through the media.

“We have not had sufficient time to carefully review this report or provide a detailed response, but on its face we are deeply disappointed and outraged,” the team said.

The action team further called the decision “not only a failure of justice, but also a message that the life of an unarmed black man like Kilyn means nothing to the system that is supposed to protect us.”

Full statement: