Family of Kilyn Lewis sues Aurora, SWAT officer for wrongful death in 2024 police shooting

The family of a -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 distributed 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 representatives have not yet been served with the lawsuit or been able to speak to the family s attorneys city spokesman Ryan Luby announced 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 matter 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 noted the officer reasonably supposed 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 demanded 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 Related Articles Eastbound I- reopens near Denver after crash Lakewood police search for missing teenager last seen Thursday -year-old shot at Aurora house party dies Texas man gets years to life in prison for human trafficking in Colorado Fort Collins man arrested on suspicion of kidnapping Aurora woman after -mile car chase Aurora s independent consent decree monitor raised questions about Lewis s death in October including why Aurora s SWAT was involved in executing a Denver arrest warrant why officers didn t attempt to use any less lethal options when arresting Lewis and why Dieck was still employed by the Aurora Police Department after being involved in previous shootings However the internal review by the Aurora Police Department which included the monitor concluded in November that Dieck had not violated agency strategy Get more Colorado news by signing up for our daily Your Morning Dozen email newsletter