The family of a 37-year-old Black man who was killed by Aurora police last year has filed a wrongful death lawsuit against the city of Aurora and the officer who shot him, according to court documents.
Kilyn Lewis was unarmed and holding a cell phone when Aurora SWAT officer Michael Dieck shot him in the parking lot of an apartment complex last May. Lewis was shot within six seconds of officers surrounding him and shouting commands, according to body-worn-camera video released by the police department.
The lawsuit alleges Dieck’s use of force against Lewis was unreasonable and violated multiple constitutional protections, despite Arapahoe County District Attorney John Kellner’s ruling that the officer was justified.
It also alleges that Dieck’s “willing and wanton” conduct counts as assault and battery causing wrongful death.
Dieck breached his “duty of reasonable care” as a police officer when he fatally shot Lewis, the lawsuit states.
Aurora officials have not yet been served with the lawsuit or been able to speak to the family’s attorneys, city spokesman Ryan Luby said in an email to The Denver Post.
“As we have stated numerous times previously, every investigatory body – internally and externally – responsible for reviewing officer-involved shootings in Aurora determined that the officer acted lawfully in this case,” Luby stated. “Aurora City Attorney Pete Schulte agrees with those determinations and his office will strongly defend the actions of the officer and the Aurora Police Department.”
Kellner, the district attorney, wrote in his decision letter that Dieck’s use of force was justified under Colorado law. He said the officer “reasonably believed there was an imminent danger of death or serious bodily injury.”
The lawsuit argues that “no reasonable person” in Dieck’s position would have perceived Lewis as a threat.
Lewis, who was wanted on suspicion of attempted first-degree murder in a separate Aurora shooting, had been under surveillance for several days leading up to the shooting and officers knew he wasn’t armed, the lawsuit states.
Lewis was also trying to comply with the Aurora officers’ commands when he was shot, according to the lawsuit.
“Before fatally shooting Kilyn, … Dieck did not issue any verbal warning that he would shoot, nor did he allow Kilyn sufficient time to comply with the overlapping and conflicting commands being shouted at him, as Kilyn was attempting to do so,” the lawsuit states.
The lawsuit also argues that the city had the “right and ability to control” Dieck’s actions.
The family is seeking compensation for past and future losses from Lewis’s death — including for pain, suffering and emotional distress — and a jury trial.
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However, the internal review by the Aurora Police Department, which included the monitor, concluded in November that Dieck had not violated agency policy.
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