AURORA, Colo. — The 18th Judicial District Attorney's Office announced on Friday it will not press criminal charges against the Aurora SWAT officer who fatally shot Kilyn Lewis, an unarmed Black man, in May.
Lewis, 37, was being surveilled by both the Aurora and Denver police departments on an outstanding warrant for attempted first-degree murder in connection with a shooting that occurred near E. 48th Ave. and Colorado Blvd. in Denver on May 5. Lewis was shot and killed by Aurora SWAT Officer Michael Dieck after he pulled an object out of his pocket — later determined to be a cell phone — in front of armed SWAT members during an arrest attempt on May 23, according to bodycam video footage released in June.
Lewis's family and community members have repeatedly called for justice, from speaking during several Aurora City Council meetings to holding a "week of action."
Watch our initial coverage in the video player below:
In a letter to Aurora Police Chief Todd Chamberlain, 18th Judicial District Attorney John Kellner said his office determined "there is no criminal liability on the part of Officer Michael Dieck stemming from this OIS." Kellner said the case was presented to the Arapahoe County Grand Jury for consideration, but the grand jury "declined to accept the case for further investigation."
Kellner said his office reviewed several pieces of material before making 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 from all involved officers, including Officer Dieck
- Photographs of the scene
- Physical evidence from the scene
- Recorded interviews of Officer Dieck and other involved officers
On May 23, officers spotted Lewis leaving a hotel he was known to frequent with an unknown woman. The two got into his red Chevrolet and drove to Lewis's apartment.
According to Kellner, the Aurora SWAT team planned to arrest Lewis after he exited his car but before he entered his apartment. After he parked, Lewis got out of his vehicle and began unloading things from the trunk. At that moment, SWAT vehicles — both marked and unmarked — entered the parking lot, and multiple officers exited the vehicles.
Kellner said the officers formed a "semi-circle" around Lewis, who moved from the trunk to the driver's side door. The district attorney said Officer Dieck told Lewis to "get on the ground" several times. Lewis "raised his right hand while keeping his left hand by his side, and continued to walk towards the driver's side door of the car," according to Kellner.
Once Lewis reached the door, he "lowered his right hand and began to move his hand around in the vicinity of the right rear of his pants." Kellner wrote in his letter that Lewis "[appeared] to manipulate something in his waistband or pocket." Following a second round of commands, Lewis "slightly bends his knees and appears to be retrieving something from his right rear pocket."
An adjacent officer's bodycam captured the moment of the shot, according to Kellner. The district attorney wrote, "From approximately 11:50:34 to the shooting which occurred at 11:50:37, Mr. Lewis continues to fumble in the area of his right side and rear of his pants, while commands continue to be shouted for him to show his hands."
The photo below is from the adjacent officer's bodycam and shows Officer Dieck with his pistol raised to Lewis.
Kellner said, "Mr. Lewis then brings an object up from his right rear pants pocket with his right arm. From the bodycam footage, it appears to be a dark-colored object with a light, oblong object on top."
The district attorney continued, "It is at this moment, 7 seconds after officers exited the vehicles and gave commands for Mr. Lewis to get on the ground, that Officer Dieck fired one round, striking Mr. Lewis in the abdomen."
After he was shot, Lewis immediately fell to the ground and repeatedly screamed, "I don't have nothing," according to Kellner. SWAT officers handcuffed Lewis and began to administer first aid.
According to Kellner, officers found a black cell phone and "several white tubes containing fruit snacks" on the ground near Lewis after he was shot.
Kellner concluded that Officer Dieck "possessed an objectively reasonable belief" that Lewis had a firearm in his right hand and "was bringing [it] to bear on the officers." The district attorney said the officer's actions fall within the legally justified use of deadly force.
In a statement, the Justice for Kilyn E. Lewis Action Team said they learned of DA Kellner's decision through the media.
"We have not had adequate time to carefully review this report or provide a thorough response, but at first glance, we are deeply disappointed and outraged," the team said.
The action team went on to call the decision "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."
Full statement:
"It has been 141 days since the Aurora Police Department murdered Kilyn E. Lewis. For nearly five months, our family has been left in the dark, waiting for answers. Without advance notice or any communication, we learned through the media that District Attorney John Kellner had released his findings, a 20-page document made public without our knowledge or opportunity to review. The lack of respect and regard for our family is staggering as we have been present and begging for answers and transparency since we lost Kilyn.
We have not had adequate time to carefully review this report or provide a thorough response, but at first glance, we are deeply disappointed and outraged. The decisions made by the leaders of Aurora are a grave injustice. Just like those before us who have been faced with these tragedies, our fight will continue without disruption. 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.
We call on our community, the press, and all those who stand for justice to join us at a press conference on October 14, 2024, at 5:30 PM, just before the Aurora City Council meeting at the Aurora Municipal Center. Together, we will demand answers, demand accountability, and ensure that Kilyn’s story is heard—loud and clear. We will not be silent until justice is served."
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