Aurora Police Division SWAT Officer Michael Dieck is not going to face legal expenses within the dying of 37-year-old Kilyn Lewis, who Dieck fatally shot outdoors an condo advanced in Might whereas attempting to arrest him on suspicion of tried homicide.
Arapahoe County District Lawyer John Kellner discovered Dieck “moderately believed there was an imminent hazard of dying or severe bodily harm,” justifying the lethal use of power underneath Colorado legislation, Kellner wrote in a choice letter printed Friday. Lewis was unarmed in the course of the encounter.
Dieck was amongst a crew of Aurora and Denver law enforcement officials who surveilled Lewis for 2 days earlier than attempting to arrest him as he exited a automobile outdoors an condo advanced on South Ironton Avenue on Might 23.
Lewis was a suspect in a Might 5 first-degree tried homicide in Denver.
Lewis reached behind his again after police surrounded him with weapons drawn and ordered him to indicate his fingers and get on the bottom, in line with the choice letter and body-worn digicam footage launched by Aurora police.
He eliminated a telephone and white tubes of fruit snacks from his pocket and was holding them in his fingers as he raised them within the air when Dieck shot him as soon as within the abdomen, in line with the choice letter. Lewis died from the gunshot wound on Might 25.
Kellner’s overview of the capturing discovered officers recognized themselves and yelled repeated instructions for Lewis to indicate his fingers and get on the bottom. Lewis walked a number of ft towards officers and the entrance driver-side door of the automobile, then put his hand into his rear pocket and eliminated it, in line with the letter.
Dieck informed investigators he thought Lewis had pulled out a gun and was making ready to shoot at him and different officers. Different officers on the scene additionally informed investigators they thought Lewis was pulling out a gun.
Kellner additionally offered the case to an Arapahoe County grand jury for consideration, which declined to just accept the case for additional investigation, in line with the letter.
Lewis’ dying has sparked protests at Aurora Metropolis Council conferences and different occasions. His household didn’t have advance discover that Kellner was releasing the choice letter on Friday, in line with an announcement from the Justice for Kilyn E. Lewis Motion Group.
“This resolution will not be solely a failure of justice however a message that the lifetime of an unarmed Black man like Kilyn means nothing to the very system that’s supposed to guard us,” organizers wrote within the assertion.
The group is holding a neighborhood rally to “demand solutions (and) demand accountability” at 5:30 p.m. Monday on the Aurora Municipal Heart, 15151 E. Alameda Parkway.
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