DA will not file charges against Aurora Police officer for shooting and killing an unarmed man

Updated on Oct. 10, 2024, at 6:03 p.m.

Prosecutors on Friday declined 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 was being sought in Aurora on a warrant for attempted murder. APD was helping Denver Police track Lewis down at the time. Previously released body-worn camera video showed that as officers shouted commands at Lewis to get on the ground, he fumbled in a rear pocket for something, and eventually produced a dark-colored object he held above his head.

That’s when Dieck fired. The object 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 didn’t think there was enough evidence to prove that Dieck committed a crime. Kellner said in the letter that he initially sent the case to the county grand jury, but they declined to hear it.

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

Of the four officers on the scene, Dieck was the only one who fired a shot.

Dieck, who was on APD’s SWAT team, told investigators he fired his weapon because he thought Lewis’s cell phone was a firearm, not a cell phone.

“Based on all the evidence … including Mr. Lewis’ behavior upon being confronted by police, Officer Dieck’s awareness of the violent offense Mr. Lewis was wanted for, and Mr. Lewis’ physical actions, Officer Dieck possessed an objectively reasonable belief that the object in Mr. Lewis’ right hand was a gun that he was bringing to bear on the officers,” Kellner said in the letter.

The shooting sparked anger and protests from Lewis’ family and supporters throughout Aurora in late May and early June as Black community members called for Dieck to be criminally charged for his actions. Family members and advocates packed multiple city council meetings calling for 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 on how the family heard the decision.

“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 findings, a 20-page document made public without our knowledge or opportunity to review,” the statement said. “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.”

Kevin J. Beaty/Denverite

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

“We are highly disappointed in the decision, and the community deserves more clarity on how they arrived at no charges being filed. The Aurora NAACP is reviewing their next steps which also includes the most 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 2021 state investigation found a pattern of racist policing. The agency is currently in the middle of a consent decree with the Colorado Attorney General’s Office requiring changes and oversight. 

One former police officer was convicted last year of criminally negligent homicide after his forcible detention of Elijah McClain, a 23-year-old massage therapist who died after a police struggle in 2019.

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

This is a developing story.