The latest Consent Decree report raises questions about the Aurora police shooting of Kilyn Lewis

The Aurora Consent Decree Independent Monitor found critical issues in the fatal shooting of Kilyn Lewis by an Aurora police officer. This emerges from the latest progress report published this week.

In this and similar cases, the observer is responsible for verifying that police use-of-force policies and training were followed and that the investigation complies with APD’s accountability processes. It can raise the issue and set expectations for the department as it completes its own investigation into the officers’ actions.

In the report, the observer questioned whether the Aurora SWAT team’s involvement in the execution of an arrest warrant in Denver was appropriate or necessary.

“It is important to understand why Aurora’s SWAT unit executed a warrant originating from Denver,” the report said.

The Monitor, which reviewed body-worn camera footage, determined that the APD did not use “less-than-lethal” tactics in the shooting of Lewis.

“To the extent this is the case, APD must evaluate whether the exclusion of less-lethal options was consistent with APD’s policies and best practices and whether a different approach could have resulted in a better outcome,” the report said.

The report also questions the tactical approach in which officers conducted a “high-risk stop” without cover or non-lethal force options.

Finally, APD’s policy for SWAT officers was called into question because the officer who fired the fatal shot was Officer Michael Dieck. The 12-year veteran, including eight years on the SWAT team, has been involved in previous shootings.

“This story raises potential questions about the selection criteria for officers assigned to SWAT operations and APD policies regarding the retention of SWAT team members. It is important to determine whether the officer’s prior history was appropriately considered during initial assignment to SWAT,” the report states.

Observe the investigation process closely

The monitor suggested that APD must conduct a full and impartial investigation taking into account the issues raised in the report.

“The Monitor anticipates that APD will address this thoroughly as part of its administrative investigation [force review board] process to be consistent with APD’s commitment to transparency, continuous improvement and accountability,” the report states.

Lewis was shot by an APD officer as SWAT teams attempted to arrest him in connection with an attempted murder in May. He later died from his injuries in hospital. It later emerged that Lewis was carrying a cell phone and fruit snacks when he was ordered to raise both hands. The officer who fired the shot, Dieck, is on administrative leave. Aurora police confirmed via email that he is performing restrictive duty in a non-public capacity.

Last week, Arapahoe County District Attorney John Kellner announced that his office would not pursue criminal charges against Dieck. In his decision letter to Aurora Police Chief Todd Chamberlain, he wrote that he believed there was insufficient evidence to prove Dieck committed a crime. Kellner also wrote that he initially sent it to a grand jury. But they didn’t want to hear it.

Family members and supporters have staged multiple protests since Lewis’ death. Earlier this week, the family held a news conference outside the Aurora Municipal Center in response to Kellner’s decision not to press charges.

“We will continue this fight until we get justice for Kilyn Lewis and everyone else,” Lewis’ mother, LaRonda Jones, who was injured by Aurora police, told a crowd at the state Capitol during a rally in August.

Other parts of the report

Despite criticism of the handling of the Lewis shooting, the monitor said the APD has made significant progress since its last progress report, released in April.

“The Monitor remains convinced that there is a genuine interest between the parties to achieve the objectives [consent decree] and implement its deployment as quickly as possible so that the resulting reforms are fully visible and felt on the streets of Aurora as quickly as possible,” the report said.

In seven key areas of the consent decree, five are on track. These are policies and training that address racial bias policing, use of force, ketamine use, and accountability and transparency. In the other two areas, documenting stops and recruitment, hiring and promotion, the department is falling short of its goals.

The monitor found that compliance with reporting requirements was low, as much as 50 percent lower in some counties. It also noted that APD’s recruiting and hiring practices resulted in a more racially diverse workforce but a less gender diverse workforce in 2024.