Prosecutors will not file charges against the Aurora police officer in the shooting and killing of an unarmed man

Updated October 10, 2024 at 6:03 p.m

Prosecutors declined Friday to charge the Aurora police officer who shot and killed an unarmed black man in May.

Aurora police officer Michael Dieck fired a single shot that killed 37-year-old Kilyn Lewis, who had a warrant for attempted murder wanted in Aurora. APD helped Denver police track down Lewis at the time. Previously released body-worn camera video showed officers yelling at Lewis to get on the ground, him searching for something in a back pocket, and eventually producing a dark object that he held over his head.

Then Dieck shot. The item turned out to be a cell phone and a fruit snack. Lewis died at a nearby hospital.

Arapahoe County District Attorney John Kellner said in a decision released Friday that he believed there was insufficient evidence to prove Dieck committed a crime. Kellner said in the letter that he initially referred the case to the county grand jury, but it refused to hear it.

Kellner wrote that the other officers described Lewis’ actions “as consistent with someone preparing to draw a weapon and otherwise fight the officers.”

Of the four officers on scene, Dieck was the only one to fire a shot.

Dieck, who was part of the APD SWAT team, told investigators he fired his gun because he believed Lewis’ cell phone was a firearm and not a cell phone.

“Based on all of the evidence… including Mr. Lewis’ conduct when confronted by police, Officer Dieck’s awareness of the violent act for which Mr. Lewis was wanted, and Mr. Lewis’ physical actions, Officer Dieck was objectively convinced of this “That …” “The object in Mr. Lewis’ right hand was a gun, which he pointed at the officers,” Kellner said in the letter.

The shooting sparked anger and protests from Lewis’ family and supporters across Aurora in late May and early June, as black community members called for Dieck to be criminally charged for his actions. Family members and attorneys gathered at several City Council meetings demanding justice for Lewis.

That anger only intensified on Friday. The Justice for Kilyn E. Lewis Action Team released a statement from the family expressing disappointment and outrage at how the family received the decision.

“For nearly five months, our family was in the dark, waiting for answers. Without notice or communication, we learned through the media that District Attorney John Kellner had released findings, a 20-page document released without our knowledge or opportunity to review,” the statement said. “The lack of respect and regard for our family is shocking as we have been present and begging for answers and transparency since the loss of Kilyn.”

The Aurora Chapter of the NAACP expressed similar sentiments upon hearing the news.

“We are very disappointed with the decision and the community deserves more clarity on how they came to the conclusion that no charges will be filed.” The Aurora NAACP is considering its next steps, which include the recent officer-involved shooting,” said Omar Montgomery, president of the Aurora Chapter of the NAACP.

Lewis’ shooting came amid reforms at the Aurora Police Department after a state investigation in 2021 found a pattern of racist policing. The agency is currently in the midst of a consent decree with the Colorado Attorney General’s Office that requires changes and oversight.

A former police officer was convicted of involuntary manslaughter last year after he violently arrested Elijah McClain, a 23-year-old massage therapist who died in a standoff with police in 2019.

The Lewis family plans to review the report before releasing a more detailed statement. They will hold a press conference before the Aurora City Council meeting at the Aurora Municipal Center on Monday, October 14 at 5:30 p.m.

This is a developing story.