DENVER – Nearly a year after 37-year-old Kory Dillard was shot and killed by an Aurora Police Officer after pointing what turned out to be an airsoft gun at officers, the District Attorney’s Office will not file charges against the officer who fired his weapon.
The 17th Judicial District Attorney’s Office released the decision in a letter Friday. The shooting happened on October 3, 2024 after Aurora Police Officers responded to a 911 call reporting a fight between two individuals in the parking lot in the 11900 block of E. 16th Avenue at around 2 p.m.
In his decision letter to APD Chief Todd Chamberlain, District Attorney Brian Mason said following a review by the district’s Critical Incident Response Team (CIRT), “it is particularly tragic that Mr. Dillard died holding an Airsoft gun that, unlike its clear appearance to those who saw it, was not actually a lethal firearm. The law, however, requires us to review what a reasonable officer would do under these circumstances,” stated Mason.
“Based on the evidence presented and the applicable Colorado law, there is no reasonable likelihood of success of proving the elements of any crime beyond a reasonable doubt against Officer (Kevin) Rodier, the law enforcement officer involved in this incident. Consequently, no criminal charges will be filed against him.”
Aurora
Family of Kory Dillard rally for justice after Aurora police shooting
SHOOTING TIMELINE
The incident began with a 911 caller reporting a fight between Dillard and another man in the 11900 block of E 16th Avenue before Dillard then walked to a nearby apartment complex in the 11800 block of E. 16th Avenue, “where he climbed up to a 2nd floor balcony” and was “observed entering a unit through the patio door and coming back out to the parking lot holding a rifle,” read the DA’s letter.
Shortly after the initial 911 call, a witness again called 911 and reported Dillard was carrying a weapon she described looking like an “M16” and “AR-style” gun.
Moments later, the other man reported to have been involved in the initial fight called 911 stating Dillard had an “AR15” weapon and “was waving it around” also claiming Dillard “was trying to take his keys and rob him of his car,” according to the DA’s report.
APD officers Kevin Rodier and Ryan Shamblin, who were in department uniforms and only a couple of blocks from the scene, were the first to respond to the apartment complex in an unmarked pickup truck.
“At 2:12:44 p.m., Officer Rodier pointed his rifle at Mr. Dillard and yelled, “Aurora PD!” “Drop the rifle!” One second later, Officer Shamblin yelled, “Let me see your hands!” Officer Rodier advanced a few steps toward Mr. Dillard and repeated, “Drop the rifle!” At 2:12:47 p.m., Mr. Dillard raised the rifle with the barrel pointed toward Officer Rodier,” stated the DA’s letter.
Aurora
Aurora PD: Man killed by police outside Brent's Place was carrying replica rifle
APD officer Rodier fired twice at Dillard and around 30 seconds later the officers began giving Dillard medical attention. Rodier told CIRT investigators “he fired his rifle at the suspect because he believed that the suspect was about to shoot and kill him. He also feared for the safety of Officer Shamblin who he thought was behind him, along with other civilians in the area,” stated the report.
Officer Shamblin also told CIRT investigators he believed Dillard was going to shoot Rodier and both officers did not attempt non-lethal options “because the suspect was armed with a rifle.”
One month after Dillard – who was an Army veteran – was shot and killed, his family held a candlelight vigil and called for justice.
“We’re bringing awareness to this situation because it is a problem in Aurora. It has been a problem for a very long time,” said Erica Dillard in November 2024. “I love him, and I miss him, and I wish he was here, but we’re here to be the voice, and we’re never giving up, never.”
The family sought punishment and an overhaul of APD’s de-escalation training.
The DA’s decision letter included a photo of the Airsoft gun which discharges “small BB-style projectiles” and lacked an “orange tip on the end of the gun, which would have been consistent with legal requirements for an Airsoft-style gun to ensure it is readily identifiable from an actual firearm,” according to the report.
The apartment Dillard accessed to retrieve the Airsoft-style gun was one that he rented.
In his letter stating that no charges would be filed against officer Rodier, DA Mason added:
“Given Mr. Dillard's conduct with what clearly appeared to be a rifle, and which Mr. Dillard brandished as if it were a rifle - even saying to a nearby witness that he was going to shoot her -- Officer Rodier had no choice but to protect himself and others from what he perceived as a life-threatening situation. Mr. Dillard's actions with the rifle caused Officer Rodier to quickly react in a tense and rapidly evolving situation. Under these circumstances, the evidence supports a conclusion that Officer Rodier's use of deadly physical force against Mr. Dillard was reasonable.”
You can read the full report in the document below.