AURORA | The Adams County district attorney ruled that no criminal charges will be filed against Aurora Police Officer Brandon Mills in the fatal shooting of Rashaud Johnson, saying that prosecutors could not prove beyond a reasonable doubt that Mills’ use of force was unlawful.
Attorneys for the family of Johnson questioned the review, saying a court must decide the issue of whether the shooting was justified.
17th Judicial District Attorney Brian Mason announced his decision in a review letter released Thursday following an investigation by a Critical Incident Response Team into the May 12, 2025, shooting at The Parking Spot, an airport parking facility in northeast Aurora.
Johnson, 32, was shot twice and killed after a confrontation with Mills that began when the officer responded alone to multiple calls from employees reporting a man trespassing on the property and behaving erratically.
Mason wrote that investigators conducted a thorough review of the incident and concluded there was “no reasonable likelihood” of proving any criminal offense by the officer beyond a reasonable doubt.
“Therefore, no criminal charges will be filed against the officer involved in this incident,” Mason said in his opinion letter.
Aurora police declined to comment on the decision.
Mason’s opinion comes nearly a year after Johnson’s death and months after his family filed a wrongful death lawsuit against Mills and the City of Aurora.
Attorneys representing Johnson’s family have argued that Mills escalated an encounter with the unarmed Black man who appeared to be experiencing a mental health crisis and that the shooting should be scrutinized by a jury.
According to police records, video tape and the district attorney’s review, employees at The Parking Spot first contacted police shortly before 3 p.m. on May 12, 2025, reporting a barefoot man lingering around the office and making staff uneasy. Additional calls to police for help followed throughout the afternoon.
Employees told dispatchers that Johnson was wandering around the property, entering and leaving the office area, and attempting to open doors on parked vehicles. During the first calls, employees said Johnson did not appear to be violent. The business manager later reported that Johnson appeared to be trying to argue with employees and that they feared for their safety.
Mills was dispatched at 5:18 p.m. and arrived nine minutes later, according to police records.
Body-worn camera footage summarized in Mason’s letter, and released to the public last year, shows Mills initially approaching Johnson in what prosecutors described as a conversational manner.
“Hey man, what’s going on today?” Mills asked Johnson, according to the review. “Where are your shoes at?”
Johnson did not respond and appeared to ignore repeated questions and commands, according to police and the video tape.
At 5:28 p.m., after Mills told Johnson he needed to leave the parking facility, Johnson turned suddenly and ran toward Mills, according to Mason’s report.
In the officer-body-cam video, Mills can be seen backing away, called for assistance and warned Johnson to stay back.
Investigators said Mills then used several levels of force in an attempt to stop Johnson, including baton strikes and two Taser deployments.
Neither appeared to have any impact or affect on Johnson.
Johnson then tackled Mills, and the two men struggled on the ground in a landscaped area near the parking lot, according to witness statements, body-camera footage and Mills’ interview with investigators.
Several employees reported seeing Johnson on top of the officer and attempting to remove items from his gun belt. Witnesses told investigators they were afraid that Johnson would get control of Mills’ handgun.
During the struggle, Mills repeatedly shouted for help and radioed requests for immediate assistance.
After both men regained their footing, Mills drew his handgun and ordered Johnson to get on the ground.
Mason said in his opinion that Johnson didn’t comply.
Body-camera footage showed Mills retreating backward while continuing to issue commands. Johnson then began walking toward the officer.
“Stop! Get back! I’m going to … shoot you,” Mills shouted, according to Mason’s opinion notes.
Mills fired two shots and Johnson fell to the ground, video and records show.
An autopsy determined Johnson died from a gunshot wound to the chest. He also suffered a gunshot wound to the abdomen and injuries consistent with Taser strikes.
Toxicology testing detected THC in his blood and tissue, according to the district attorney’s review. The level of THC was not released.
In his interview with prosecutors, Mills said he was afraid Johnson would overpower him if another physical confrontation occurred. He told investigators he was exhausted, had no backup and was worried because his firearm was already drawn.
Mason said in his opinion that Colorado law allows officers to use deadly force when “necessary and reasonable,” including when an officer faces an immediate threat of serious bodily injury or death.
Mason concluded that Adams County prosecutors would be required not only to prove the elements of a crime but also to disprove legal justifications for the use of force beyond a reasonable doubt.
Based on the evidence, witness statements, body-camera footage and applicable law, Mason said that standard could not be met.
He stated that his ruling addresses only the possibility of criminal liability by police and does not address whether Mills followed Aurora Police policies.
The civil lawsuit filed by Johnson’s family is pending.
Crist Whitney, an attorney at Rathod Mohamedbhai representing Johnson’s family, said the family is still grieving their loss and called the decision “another bump in the road to justice.”
“They don’t understand how another unarmed black man is killed by officers and, again, no charges being brought against officers. And so they are very upset about the findings of the DA.”
Whitney said the one thing the family and the DA agree on is that Johnson was “not himself that day” and needed mental health services. Whitney said the officer should have responded with a mental health professional and questioned whether officers receive enough training on handling people in crisis.
“We should be asking whether our police departments and our systems are equipped to respond to people going through a mental health crisis, and whether they’re going to respond with care, or whether they’re going to respond by escalating force. And looking at the body camera, it just seemed like that what happened here was an escalation of force.”
“It’s something that didn’t need to happen, that shouldn’t have happened and I think with a better trained officer this would not have happened.”
Whitney said the family wanted to see charges filed and don’t understand how Mills’ actions weren’t criminal.
He said they still hope to hold Mills accountable with the civil suit.