No charges have been filed against the Aurora police officer who fatally shot Kilyn Lewis

Aurora police SWAT officer Michael Dieck will not face criminal charges in the death of 37-year-old Kilyn Lewis, whom Dieck fatally shot outside an apartment complex in May while trying to arrest him on suspicion of attempted murder.

Arapahoe County District Attorney John Kellner concluded that Dieck “reasonably believed that there was an imminent threat of death or serious bodily harm,” thereby justifying deadly use of force under Colorado law, wrote Kellner in a decision letter released Friday. Lewis was unarmed during the encounter.

Dieck was part of a team of police officers from Aurora and Denver who monitored Lewis for two days before attempting to arrest him as he stepped out of a car outside an apartment complex on South Ironton Street on May 23.

Lewis was one of the suspects in an attempted first-degree murder on May 5 in Denver.

Lewis reached behind his back after police surrounded him with guns drawn and ordered him to show his hands and lie on the ground, according to the decision letter and body-worn camera footage released by Aurora police.

He pulled a phone and white tubes of fruit snacks from his bag and held them in his hands while raising them in the air when Dieck shot him once in the stomach, according to the decision letter. Lewis died May 25 from the gunshot wound.

Kellner’s review of the shooting found that the officers identified themselves and repeatedly shouted commands at Lewis to show his hands and get on the ground. Lewis walked several feet toward the officers and the front driver’s door of the car, then put his hand in the back pocket and pulled it out, according to the letter.

Dieck told investigators he believed Lewis had a gun out and was ready to shoot him and other officers. Other officers at the scene also told investigators they thought Lewis was pulling a gun.