The Aurora City Council voted Monday to meet virtually and get rid of public comment until there is an official ruling from the court in the Kilyn Lewis shooting case.

The same day, a judge ruled that the Aurora Police Department has to release the full, unedited body camera footage from the Lewis shooting to The Denver Gazette’s news partner 9News.

The council meeting moved Monday to a private room after protesters for Lewis, who have attended every council meeting for the past year, took over the session. 

A lawsuit on behalf of the Lewis family was filed at the end of May against SWAT Officer Michael Dieck and the City of Aurora, alleging wrongful death. 

The Aurora City Council will meet virtually and suspend public comment on non agenda items entirely until a decision is reached in the lawsuit, councilmembers decided at the end of Monday night’s meeting.

Councilmember Danielle Jurinsky said Monday that the matter is “in the court’s hands now” as to whether or not the city is liable for Lewis’s death.  

“As of right now, criminally Michael Dieck did not in fact murder Kilyn Lewis,” Jurinsky said. “I would like to suspend this to be virtual until we have an official ruling from the court as to whether or not the city is liable in any way, shape or form for the death of Kilyn Lewis. If we are not, in fact, liable … there is nothing left to discuss … if that takes two years, that takes two years.”

Councilmember Alison Coombs countered, “This is once again absolutely ridiculous, an attempt to silence the public instead of just listening, so I oppose,” Coombs said.

She added, “We don’t actually get to decide when the people are done speaking.”

The motion passed with three ‘no’ votes from Councilmembers Coombs, Ruben Medina and Crystal Murillo.

Also on Monday, an Arapahoe County District Court judge ordered the city to release the full unedited body camera footage in the Lewis case following a lawsuit filed against the city in February by 9News.

According to the court order, Aurora officials argue that the city has already released records that 9News has requested and are not required to release anything further. 

Aurora officials claim that the officers’ contact with Lewis contains two separate “incidents” of misconduct based on the complaints filed by the Lewis family — one of excessive force and a second of failure to provide aid. 

They say that even though the videos were clipped, the city has provided all unedited footage pertaining to those two incidents. 

9News, however, disputes that interpretation of the terms “incident” and “unedited,” arguing that the Law Enforcement Integrity Act mandates the release of all video and audio footage that relates to the department’s engagement with Lewis, including portions immediately before and after the shooting incident.

The city is still reviewing the court order internally and will either comply with it by the deadline or file a notice of appeal by the appropriate deadline if necessary, a city spokesperson told The Denver Gazette Tuesday.

Lewis, 37, was unarmed while shot by Dieck on May 23, 2024, while officers were attempting to arrest Lewis on a warrant for attempting to commit first-degree murder.

The Lewis family’s lawsuit, filed in Arapahoe County District Court in late May exactly one year after the shooting, claims that Dieck’s lethal use of force against Lewis was not reasonable, was “willful and wanton,” and deprived him of his legal rights.

Additionally, the lawsuit accuses Dieck of “unconstitutionally interfering with (the family’s) right of association with Kilyn” and depriving the Lewis family of “reasonable care in the exercise of his duties as an APD officer.”

It also states that the City of Aurora had the “right and ability” to control Dieck’s actions within the scope of his employment.

The lawsuit requests compensation for past and future economic losses and other losses.

Every investigatory body, both internally and externally, determined Dieck acted lawfully in the case, Aurora spokesperson Ryan Luby said, and his use of lethal force was deemed justified.

“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,” Luby told The Denver Gazette after the lawsuit was filed.

The Aurora Police Department’s investigation determined that Dieck — a 13-year veteran of the department and eight-year Aurora SWAT member — did not violate agency policy.

The department decision came a little over a month after the investigation conducted by the 18th Judicial District’s Critical Incident Response Team (CIRT) also deemed Dieck justified in his use of force, with the district attorney deciding there was no basis to file criminal charges.