Aurora, Colorado – In a deeply troubling case of police violence, Kilyn Lewis, a 37-year-old Black man, was shot and killed by Officer Michael Dieck in May 2024 after raising his hands while holding a cellphone.
Despite several body camera videos capturing the shooting, it took nearly a month for Aurora police to acknowledge that Lewis had been unarmed and simply holding a phone when the officer shot him.
The Incident and Police Response
On the day of the shooting, May 23, 2024, Aurora SWAT officers arrived to arrest Lewis based on a warrant related to an earlier shooting incident. According to police reports, Dieck ordered Lewis to get on the ground while several officers shouted conflicting commands.
Video footage shows that Lewis was trying to comply with these orders, turning toward Officer Dieck, raising his hands, and squatting as if attempting to get on the ground.
However, within seven seconds of giving the order, Officer Dieck fired a single shot at Lewis, striking him in the chest. As he was shot, Lewis yelled out, “I don’t have nothing! I don’t have nothing!”—a desperate cry as he tried to show he was not a threat. Despite this, Dieck fired the fatal shot.
Aftermath and Legal Action
The 18th Judicial District Attorney, John Kellner, stated that his office determined there was no criminal liability on the part of Officer Dieck. The case was presented to the Arapahoe County Grand Jury, but they declined to pursue further investigation into the shooting.
However, Lewis’s family has filed a wrongful death lawsuit against the Aurora Police Department on May 23, 2025, accusing the department of excessive force and negligence. The lawsuit, filed by attorneys Irwin Farley and Elisabeth Owen, claims that Gray’s death was a direct result of the officers’ unnecessary escalation of force, despite Lewis being unarmed.
Details from the Lawsuit
The lawsuit further explains that, at the time of the shooting, Lewis was holding a cellphone—a fact that should have been obvious to the officers, given the close distance between them and the unarmed man. The legal complaint states:
- Kilyn Lewis was attempting to comply with the conflicting orders from officers, raising his hands as he crouched to follow commands.
- Officer Dieck fired a shot at Lewis, despite his hands being raised, clearly holding a cellphone.
MiDian Shofner, the CEO of Epitome of Black Excellence and Partnership and advocate for Lewis’s family, stated, “This lawsuit is not just about a dollar amount. It’s about truth. It’s about making sure that the life of a Black man like Kilyn Lewis is not so easily discarded.”
History of Police Misconduct
The Aurora Police Department has a troubled history with racial profiling and excessive force, most notably with the 2019 killing of Elijah McClain, who died after being injected with ketamine following a confrontation with police.
This incident led to a $15 million settlement for McClain’s family and a consent decree aimed at addressing racial profiling in the department. Additionally, in 2021, the department was sued after officers wrongly detained a Black family at gunpoint, believing they were driving a stolen vehicle.
In Lewis’s case, his family argues that the officers’ actions were a blatant misuse of force considering the fact that Lewis was simply holding a cellphone.
The Shooting and Legal Context
The shooting occurred just a few weeks after an earlier incident on May 5, 2024, in which a red Monte Carlo was involved in a shooting. Authorities claimed Lewis was connected to the shooting due to a tip and the car being registered to him.
However, legal experts, including Scott Robinson, a 9NEWS legal analyst, pointed out that the evidence tying Lewis to the crime was limited and could have led to a weak case if the matter had gone to court.
Despite the lack of strong evidence, Lewis’s tragic death highlights how dangerous situations can escalate for Black individuals at the hands of law enforcement, especially in communities already plagued by racial profiling and excessive police violence.
Officer Michael Dieck’s History
Officer Dieck has been involved in several prior shootings and has faced legal scrutiny in the past. In 2020, he was part of an incident in which Aurora police detained a Black man named Teddy Pittman at gunpoint, wrongly accusing him of being a fugitive.
The officers later discovered their mistake but still issued a citation for a minor traffic violation, which was later dismissed.
Community Reactions and Call for Justice
The community has reacted with outrage and sorrow following Kilyn Lewis’s death. Advocates for Black lives and police reform are calling for greater accountability in law enforcement and demand justice for victims of police brutality.
MiDian Shofner added, “No amount of money can bring him back, but since America has made money the metric for justice, the family is rightfully pursuing every legal remedy available.”