A Denver district court judge has overturned the revocation of Pinkerton Consulting and Investigations’ license as a private security guard employer. The city’s Department of Excise and Licenses revoked it in June 2021 following a fatal shooting by an unlicensed security guard.

A hearing officer had recommended a six-month suspension of the company’s license, but Executive Director Ashley Kilroy rejected the recommendation and revoked it indefinitely.

Pinkerton's private security employer license revoked in connection with fatal rally shooting

In October 2020 following a pair of dueling political rallies in Denver’s Civic Center, 49-year-old Lee Keltner was fatally shot by Matthew Dolloff following a confrontation. Dolloff was working as private security for 9News, but he did not have a license to work as a security guard in Denver.

Pinkerton had subcontracted with Isborn Security Services, which provided Dolloff. Denver’s Department of Excise and Licenses found that Isborn’s liability for directing or permitting an unlicensed person to perform security services also passed to Pinkerton.

License suspension recommended for employer of security guard accused of murder

But in a decision issued Tuesday, district court Judge David Goldberg overturned the revocation on a technicality, agreeing the Department of Excise and Licenses misinterpreted city ordinance when finding Pinkerton liable for Isborn’s violation.

Pinkerton argued that because the part of the city code that holds employers accountable in the context of license sanctions for actions of people that work for them refers to acts during “his or her employment,” it refers to liability for the actions of an actual person – not another company.

Goldberg agreed, and reversed the revocation of Pinkerton’s license. He wrote that although the word “person” includes businesses as well as actual people, the city ordinance at issue doesn’t use that word.

The Department of Excise and Licenses argued that interpreting the ordinance to exclude businesses would lead to an absurd result by allowing businesses to subcontract away liability.

Pinkerton also made four other arguments why the excise and licensing department abused its discretion, but Goldberg did not address them.

The city declined to comment specifically on the decision, saying in a statement the “Department of Excise and Licenses and Denver City Attorney’s Office are reviewing the decision and will announce the next steps the city will take following review.”

Denver’s district attorney dropped the second-degree murder charge against Dolloff in March this year, saying he shot Keltner in self-defense.