The independent monitor of the Aurora consent decree found critical issues in the fatal shooting of Kilyn Lewis by an Aurora police officer. That’s according to the latest progress report released this week.
In this case and others like it, the monitor is responsible for examining whether the police department’s use of force policies and training were followed and that the investigation adheres to APD’s accountability processes. It can raise the issue and set expectations for the department as it completes its own investigation into officers’ actions,
In the report, the monitor questioned whether the involvement of Aurora’s SWAT team in executing a Denver warrant was appropriate or necessary.
“It is essential to understand why Aurora’s SWAT unit was executing a warrant originating from Denver,” reads the report.
The monitor, having watched the body-worn camera footage, noted that APD didn’t use “less than lethal” tactics in the Lewis shooting.
“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 practice and whether a different approach could have resulted in a better outcome,” the report states.
The report also questions the tactical approach that officers advanced without cover or with options for non-lethal force for a “high-risk stop.”
Finally, the APD’s policies for SWAT officers were called into question because the officer who fired the fatal shot, Officer Michael Dieck. The 12-year veteran, including 8 years with the SWAT team, has a history of involvement in prior shootings.
“This history raises potential questions about the selection criteria for officers assigned to SWAT operations and APD’s retention policies for members of the SWAT team. It is essential to determine whether the officer’s prior record was appropriately considered in initially assigning him to SWAT,” the report says.
Monitor to closely watch investigation process
The Monitor suggested that APD must conduct a complete and impartial investigation considering the issues addressed in the report.
“The Monitor expects APD will thoroughly address through its administrative investigation and [force review board] process, in order to align with APD’s commitment to transparency, continuous improvement and accountability,” the report said.
Lewis was shot by an APD officer as SWAT teams attempted to arrest him in connection to an attempted homicide that occurred in May. He later died from his injuries at the hospital. It was later discovered that Lewis had a cellphone and fruit snacks when ordered to put both hands up. The officer who fired the shot, Dieck, is on administrative leave. Aurora Police confirmed via email that he is on restrictive duty in a non-public facing role.
Last week, Arapahoe County District Attorney John Kellner announced that his office won’t file criminal charges against Dieck. In his decision letter to Aurora Police Chief Todd Chamberlain, he wrote that he didn’t think there wasn’t enough evidence to prove Dieck committed a crime. Kellner also wrote that he initially sent it to a grand jury. But they declined to hear it.
Family members and supporters have held multiple protests since Lewis’ death. Earlier this week, the family held a press conference in front of the Aurora Municipal Center in response to Kellner’s decision not to press charges.
“We are going to continue this fight on and on and on until we do get justice for Kilyn Lewis, along with everybody else” harmed by Aurora police, Lewis’ mother LaRonda Jones told a crowd at the state Capitol during a rally in August.
Other parts of report
Despite criticism over the handling of the Lewis’ shooting, the Monitor said APD has made considerable progress since its last progress report that was released back in April.
“The Monitor continues to believe there is a genuine interest among the parties to achieve the goals of [consent decree] and effectuate its provision as quickly as possible so that the resulting reforms are fully seen and felt on the streets of Aurora as soon as possible,” the report said.
In seven major areas of the consent decree, five are on the right track. Those are policies and training, addressing racial bias policing, use of force, use of ketamine, and accountability and transparency. In the two other areas, documentation of stops and recruitment, hiring, and promotion, the department is behind its goals.
The monitor found that the compliance with reporting requirements was low and 50 percent less in some districts. It also noted that APD’s recruitment and hiring practices in 2024 resulted in a more racially diverse workforce, but a less gender diverse workforce.
