District Attorney: Aurora officer won't face charges in shooting death of Kilyn Lewis
KDVR Fox 31
DENVER (KDVR) — An officer with the Aurora Police Department who shot and killed a man who was holding a cell phone in May will not face any criminal charges.
On May 23, local law enforcement agencies attempted to arrest 37-year-old Kilyn Lewis on an active warrant for an attempted first-degree murder charge related to a shooting that happened on May 5.
During a critical incident briefing a month after the shooting, police released body camera footage of the incident, showing how the attempted arrest turned into a deadly shooting.
Heather Morris, the Aurora Police Department's interim chief at the time, said Lewis was behind his vehicle when officers approached him and gave him commands to get on the ground. His hands were visible and empty at that time.
He took a few steps and placed his right hand behind his back out of view. Morris said that once his hands came back into view, he was holding an object, later determined to be a cell phone, and that's when one of the several officers on the scene fired a single shot.
Morris said first responders rendered aid before Lewis was taken to a hospital, where he was pronounced dead two days later.
The incident raised questions among the community, and Lewis' family has been pleading that the officer face a murder trial. Over the summer, the Justice for Kilyn E. Lewis Action Team was formed and demonstrators showed up at city council meetings demanding justice.
A Critical Incident Response Team was assigned to investigate. The case was also presented for consideration to the Arapahoe County Grand Jury, which refused to accept the case.
On Friday, the District Attorney for the 18th Judicial District said in a decision letter that the officer who shot Lewis would not face any charges.
The DA wrote that officers involved in the incident said Lewis' actions were "consistent with someone preparing to draw a weapon and otherwise fight the officers."
The officer who shot Lewis said that he fired his weapon because he thought Lewis was holding a gun, "and based on the totality of the circumstances, including Mr. Lewis’ body movement, moving towards the officers when confronted, the crime Mr. Lewis was wanted for, and his violent history, that Lewis was preparing to shoot," the DA wrote.
The District Attorney said that the officer's use of deadly force was justified under the circumstances as he "reasonably believed there was an imminent danger of death or serious bodily injury, to himself and others."
The Justice for Kilyn E. Lewis Action Team issued a statement following the decision, saying they had just learned about the District Attorney's findings and 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 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," the Justice for Kilyn E. Lewis Action Team said.
The action team said it will hold a community rally on Monday before the Aurora City Council meeting at the Aurora Municipal Center at 5:30 p.m.