Colorado Officer Who Fatally Shot Black Man Holding Cellphone Will Not Face Charges

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District Attorney John Kellner announced Friday that Officer Michael Dieck will not be prosecuted for the fatal shooting of Kilyn Lewis, a Black man who was holding a cellphone mistaken for a gun during an arrest attempt in Aurora, Colorado.

The incident occurred on May 23 when police were trying to apprehend Lewis, who was wanted in connection with a shooting in Denver. Kellner’s decision letter states that Dieck believed Lewis was holding a gun and about to fire at officers.

According to Kellner, other officers at the scene described Lewis’ actions as consistent with someone preparing to draw a weapon. Body camera footage previously released shows officers shouting at Lewis to get on the ground. Lewis initially raised his hands as if to surrender but then allegedly put his right hand in his rear pocket before raising it again, holding the object later identified as a cellphone.

Lewis’ family has called for Dieck to be prosecuted for murder and has been demanding justice at city council meetings. In a statement posted on social media, the family expressed deep disappointment and outrage at Kellner’s decision, criticizing the lack of notice and time to review the 20-page decision 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 very system that is supposed to protect us,” the family stated.

The case has reignited discussions about police use of force and racial bias in law enforcement. Lewis’ family has called for supporters to join them at a rally before the upcoming city council meeting, continuing their push for accountability in the case.

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