DENVER — A Colorado police officer who fatally shot a Black man holding a cellphone as police tried to arrest him will not face charges, the district attorney announced Friday.
Officer Michael Dieck told investigators he believed Kilyn Lewis, who was wanted in connection with a shooting in Denver, was holding a gun in his right hand and was about to shoot at officers in neighboring Aurora on May 23, officer said of Justice John Kellner. in a letter explaining his decision.
The other officers, who did not fire at Lewis, also described Lewis’ actions as consistent with someone preparing to pull a weapon and otherwise fight with officers, Kellner said.
Lewis was shot when police, who had been watching him, came to arrest him in the parking lot of an apartment building. In parts of body camera footage The officers, previously released by police, appear to emerge from unmarked vehicles and shout at Lewis to get on the ground. After taking a few steps next to his car and putting his right hand behind his back, Lewis raises his hands in the air, as if to surrender.
Kellner said Lewis showed his left hand but put his right hand in his right back pocket, out of sight of officers. Lewis then raised his right hand while holding an object, later identified as the cell phone, and Dieck fired one shot, he said.
Members of Lewis’ family called Dieck out to be prosecuted for murder. Since the shooting, family members and other sympathizers have come to city council meetings to demand justice.
In a statement on social media, members of Lewis’ family said they were “deeply disappointed and outraged” by Kellner’s decision. They said they had not received any notice of it and had not yet had enough time to fully review his 20-page letter.
“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 system that is supposed to protect us,” they said.
The family asked supporters to join them at a rally before Monday’s city council meeting.