AURORA, Colo. — An Aurora Police Department officer involved in the deadly shooting of 37-year-old Kilyn Lewis will not face charges after the district attorney declined to pursue the case.
The 18th Judicial District Attorney's Office said it initially presented the case to an Arapahoe County grand jury, which declined to accept the case. District Attorney John Kellner then made the final decision to not file charges.
Lewis was fatally shot shortly before noon on May 23 in the area near East Alameda Avenue and South Havana Street, as Aurora Police SWAT and the Denver Police Department's fugitive unit were attempting to take him into custody in connection with an attempted homicide, according to Aurora Police.
Edited body camera video released by Aurora Police appears to show Lewis with his hands in the air, holding a cellphone, when one officer fires a single shot.
Lewis' family and their attorneys questioned the transparency and accused the department of using the short edited video clips and statement to create their own narrative about what happened.
The clips of body camera footage that Aurora Police released appear to show that Lewis was putting up his hands when he was shot.
Heather Morris, interim Aurora Police chief when the shooting happened, noted in her statement that Lewis put his right hand behind his back just before the shooting, and when it was visible again, he was holding something. The object was found to be a phone. Many family members who watched the video said they didn't understand why Officer Michael Dieck fired his weapon.
> Content Warning: This video shows a man being shot and could be difficult for some people to watch.
Lewis was wanted in connection with an attempted homicide that occurred May 5 near 48th Avenue and Colorado Boulevard in Denver, according to Aurora Police.
According to a probable cause statement from Denver Police, Lewis was accused of firing from a red Monte Carlo toward a group of people after an altercation. A man who was not involved reported that he was walking when he heard gunshots and felt pain in his shoulder. He said that he's legally blind and was unable to provide information about who might have fired the shots. He was treated for four wounds to his shoulder and back.
Janet Oravetz contributed to this report.