Aurora’s independent consent decree monitor found critical problems in the fatal shooting of Kilyn Lewis by an Aurora police officer. This is what the latest progress report published this week reveals.

In this and other similar cases, the observer is responsible for reviewing whether the police department’s use of force policies and training were followed and whether the investigation adheres to police accountability processes. ODA. He can raise the issue and set expectations for the department as it conducts its own investigation into the officers’ actions,

In the report, the Observer questioned whether the Aurora SWAT team’s involvement in executing a Denver arrest warrant was appropriate or necessary.

“It is critical to understand why the Aurora SWAT unit was executing a warrant originating from Denver,” the report reads.

The monitor, after watching the body-worn camera footage, noted that APD did not use “less than lethal” tactics in the shooting of Lewis.

“To the extent that this is the case, APD should assess whether the exclusion of less lethal options was consistent with APD policies and best practices and whether a different approach might have resulted in better outcomes,” it says. the report.

The report also questions the tactical approach taken by officers without cover or non-lethal force options for a “high-risk stop.”

Finally, APD policies regarding SWAT officers have been called into question because the officer who fired the fatal shot, Officer Michael Dieck. The 12-year veteran, including 8 years on the SWAT team, has a history of involvement in previous shootings.

“This history raises potential questions about the selection criteria for officers assigned to SWAT operations and APD’s retention policies for SWAT team members. It is critical to determine whether the officer’s background was properly considered during his or her initial assignment to SWAT,” the report states.

Closely monitor the investigation process

The Monitor suggested that APD should conduct a full and impartial investigation considering the issues addressed in the report.

“The Observer expects APD to address the matter thoroughly through its administrative investigation and (force review board) process, in order to align with APD’s commitment regarding transparency, continuous improvement and accountability,” the report states.

Lewis was shot by an APD officer as SWAT teams attempted to arrest him in connection with an attempted homicide in May. He later died from his injuries in hospital. Lewis was later found to have a cell phone and fruit snacks when he was ordered to raise both hands. The officer who fired the shots, Dieck, is on administrative leave. Aurora police confirmed via email that he was on restrictive duty in a non-public role.

Last week, Arapahoe County Prosecutor John Kellner announced his office would not file criminal charges against Dieck. In his decision letter to Aurora Police Chief Todd Chamberlain, he wrote that he did not believe there was insufficient evidence to prove Dieck committed a crime. Kellner also wrote that he initially sent it to a grand jury. But they refused to hear it.

Family members and supporters have held numerous protests since Lewis’ death. Earlier this week, the family held a news conference outside the Aurora Civic Center in response to Kellner’s decision not to press charges.

“We’re going to continue this fight again and again until we get justice for Kilyn Lewis, as well as everyone else” injured by Aurora police, Lewis’s mother, LaRonda Jones, told the crowd at State Capitol during a rally in August.

Other parts of the report

Despite criticism of the handling of the Lewis shooting, the Monitor said APD has made considerable progress since its last progress report issued in April.

“The Observatory continues to believe that there is a genuine interest among the parties to achieve the objectives of the (consent decree) and to implement its provisions as quickly as possible so that the resulting reforms are fully seen and felt on the streets of Aurora as soon as possible. ”, says the report.

In seven major areas of the consent decree, five are on track. These include policies and training addressing racial bias in policing, use of force, ketamine use, and accountability and transparency. In the other two areas, outage documentation and recruiting, hiring and promotion, the department is falling behind its goals.

The monitor found that compliance with reporting requirements was low and 50 percent lower in some districts. He also noted that APD’s recruiting and hiring practices in 2024 have resulted in a more racially diverse, but less gender diverse, workforce.