Aurora Police Department SWAT Officer Michael Dieck will not face criminal charges in the death of 37-year-old Kilyn Lewis, who 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 found Dieck “reasonably believed there was an imminent danger of death or serious bodily injury,” justifying the deadly use of force under Colorado law, Kellner wrote in a decision letter published Friday. Lewis was unarmed during the encounter.
Dieck was among a team of Aurora and Denver police officers who surveilled Lewis for two days before trying to arrest him as he exited a car outside an apartment complex on South Ironton Street on May 23.
Lewis was a suspect in a May 5 first-degree attempted murder in Denver.
Lewis reached behind his back after police surrounded him with guns drawn and ordered him to show his hands and get on the ground, according to the decision letter and body-worn camera footage released by Aurora police.
He removed a phone and white tubes of fruit snacks from his pocket and was holding them in his hands as he raised them in the air when Dieck shot him once in the stomach, according to the decision letter. Lewis died from the gunshot wound on May 25.
Kellner’s review of the shooting found officers identified themselves and yelled repeated commands for Lewis to show his hands and get on the ground. Lewis walked several feet toward officers and the front driver-side door of the car, then put his hand into his rear pocket and removed it, according to the letter.
Dieck told investigators he thought Lewis had pulled out a gun and was preparing to shoot at him and other officers. Other officers at the scene also told investigators they thought Lewis was pulling out a gun.
Kellner also presented the case to an Arapahoe County grand jury for consideration, which declined to accept the case for further investigation, according to the letter.
Lewis’ death has sparked protests at Aurora City Council meetings and other events. His family did not have advance notice that Kellner was releasing the decision letter on Friday, according to a statement from the Justice for Kilyn E. Lewis Action Team.
“This decision is not only a failure of justice but a message that the life of an unarmed Black man like Kilyn means nothing to the very system that is supposed to protect us,” organizers wrote in the statement.
The group is holding a community rally to “demand answers (and) demand accountability” at 5:30 p.m. Monday at the Aurora Municipal Center, 15151 E. Alameda Parkway.
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