Prosecutors said Thursday they plan to drop second-degree murder charges against a former Denver television news station security guard who fatally shot a man in a clash at a 2020 right-wing rally.
A spokeswoman for the Denver District Attorney’s office said prosecutors were unable to rebut claims by former security guard Matthew Dolloff that he acted in “self-defense or the protection of others” when he shot Lee John Keltner, 49, at the police station. end of the “patriots” rally on October 10, 2020
Mr. Dolloff claimed he was defending himself and a reporter for 9News, a Denver news outlet who said he had hired him as a private security guard.
“After a comprehensive review of the facts and circumstances surrounding the allegations, we today informed Lee Keltner’s family that we will soon close the criminal case against Matthew Dolloff,” District Attorney’s Office spokeswoman Carolyn A. Tyler said in a statement.
“In accordance with our ethical obligations, we cannot overcome legal grounds for self-defense or the protection of others,” she said. “We cannot prove guilt beyond a reasonable doubt.”
Dolloff’s attorney, Doug Richards, said in an interview that he was “very pleased that the DA has finally acknowledged what we’ve known all along: that Matt was clearly defending himself and the 9News reporter.”
The Denver News Channel reported on the afternoon of the protest that Mr. Dolloff was hired as a private security guard and that “9News’ practice for months has been to hire private security to protect staff during protests.”
The lawyer who represented Mr. Keltner’s family did not immediately return an email and phone call on Thursday evening.
Matthew Dolloff claimed to have defended himself and a reporter for 9News, a Denver news channel. Credit… Denver Police Department, via The Associated Press.
The shooting came as protesters left the rally and clashed with left-wing counter-protesters south of Civic Center Park, near the Denver Art Museum.
According to the arrest warrant, Mr. Keltner was arguing with another man near the park.
Mr. Keltner abruptly interrupted this argument and spoke to Mr. Dolloff. Moments later, Mr. Keltner hit Mr. Dolloff on the head with his hand. Mr. Dolloff pulled a pistol from his belt, took aim and fired one shot as Mr. Keltner released a Mace-like substance, police said.
The fateful meeting was captured in videos and photographs that were widely circulated on the news and social media.
Mr. Keltner collapsed to the ground and the police arrested Mr. Dolloff, who was still holding a semi-automatic pistol, according to the arrest warrant. Photographs from the scene show Mr. Dolloff placing his gun on the ground and raising his hands in the air as police approach him.
Mr. Keltner was taken to Denver Health, where he was pronounced dead, police said. A medical examiner ruled Mr. Keltner’s death a homicide, according to the district attorney’s office, which charged Mr. Dolloff with second-degree murder in October 2020.
Dolloff, 32, pleaded not guilty at his arraignment last year and was due to go to court on April 12, Mr Richards said. If found guilty, prosecutors said he would face a mandatory prison sentence of 16 to 48 years. Mr Richards said prosecutors planned to formally close the case on March 21.