DA rules Aurora officer justified in shooting Black Army vet wielding ‘air’ rifle

AURORA | Adams County District Attorney Brian Mason announced Friday that his office will not pursue criminal charges against Aurora police officer Kevin Rodier, who fatally shot 39-year-old Kory Dillard during a chaotic confrontation with a fake rifle outside a northwest Aurora apartment complex one year ago today.

After reviewing an investigation by the 17th Judicial District’s Critical Incident Response Team into the shooting, Mason concluded the officer was justified in the shooting and that any criminal charges against Rodier could not be won in court.

“The evidence supports a conclusion that Rodier’s use of deadly physical force against Mr. Dillard was reasonable,” Mason said in his decision letter.

Anna Harris, Dillard’s longtime partner, said Friday that her impression of conversations with Mason is that “he only looks at the law, and in his opinion this killing was justified,” she said.

“What that really means is that no one is taking responsibility. The DA points to APD, APD points back to the DA, and Kory’s life is treated like it doesn’t matter. We’re not going to stop fighting until someone is held accountable for Kory’s death.”

Aurora police declined to comment on Mason’s decision.

The ruling ends the criminal review of a deadly chain of events that unfolded in front of several witnesses Oct. 3, 2024, just blocks a hospital and family care center in a busy neighborhood.

The decision comes amid new controversy in Aurora, where police are being scrutinized after three other relatively recent officer-involved shootings involving Black men. Dillard, an Army veteran, was Black.

The Aurora police department is under a consent decree imposed by the Colorado attorney general to implement a series of reforms after a determination police have for years exhibited “patterns and practices” of using excessive force against suspects, especially people of color.

The Dillard shooting began at about 1:45 p.m., when security cameras captured a silver Kia Forte pulling into the lot of Brent’s Place, a housing facility for families of children receiving medical treatment at hospitals nearby.

Dillard, who had been driving, and a white male later identified as “E.M.” got out of the car.

Investigators released only initials of witnesses and others involved in the shooting to protect their identity. 

E.M. told investigators his Kia had broken down and that Dillard, whom he didn’t know, approached him offering to help. But once inside the car, Dillard refused to give back E.M.’s keys, according to the investigation.

The argument escalated into a fistfight in the parking lot.

Witnesses saw the two men grappling on the ground, E.M. demanding his keys back as Dillard held him down.

At one point, E.M. told investigators, Dillard struck him with both a fist and a rock, before running off and shouting, “I’m going to kill you.”

A few minutes later, Dillard came back. Witnesses told police they saw him crossing Oswego Street toward the Elm Grove Apartments, climbing onto a balcony, and then coming back again to the parking lot.

This time, he was carrying what appeared to be an assault rifle.

The first 911 call came into police at 1:55 p.m., describing two men fighting. At that time, no weapon was reported.

But about 15 minutes later, the same person called back to say the man later identified as Dillard was pointing a gun at the other man. She described it as an “M16” or “AR-style” rifle.

Just after, E.M. called 911 and said Dillard was waving an “AR-15” around near a white van and trying to carjack him.

Dispatchers upgraded the alert to an armed incident.

Aurora police officers Kevin Rodier and Ryan Shamblin, were nearby working unrelated to the incident at the Elm Grove apartments, investigators said.

Rodier, who was driving an unmarked car both officers rode in, later told investigators the thought it was “imperative that we contact the suspect as soon as possible to prevent him from shooting anyone,” he said, pointing out the area was busy with children and families.

At 2:12 p.m., both officers got out of their unmarked police car, rifles in hand, and immediately spotted Dillard standing at the entrance to the Elm Grove Apartments. A woman was just a few feet away from him.

The officers yelled at Dillard to drop the rifle and show his hands, investigators said. All of this was recorded on officer body cam video.

Dillard lifted the weapon and aimed it at the officers, as seen in the video and according to witnesses.

Rodier fired two shots, striking Dillard, who fell to the ground, as the video revealed.

Investigators later discovered that the gun was not an assault rifle but what they described as a realistic-looking Airsoft replica. The black rifle, manufactured by Lancer Tactical, fires BB-style pellets. Its blue-colorado magazine displayed gold-colored rounds.

One witness, a woman who lived in the apartment complex, told investigators that Dillard had grabbed her push-cart during the melee and demanded she open the building door. She initially thought that the gun was fake because of its “blue magazine.” But she told investigators she was scared and unsure when he threatened her life.

“Open the f******* door or I’ll shoot you,” she told investigators Dillard said.

She told investigators she ducked when she saw Dillard raise the fake rifle toward police.

Both Rodier and Shamblin told investigators they believed they were about to be shot at. Shamblin said he had raised his rifle and was preparing to shoot Dillard when Rodier fired first.

“I believed the male was going to shoot Officer Rodier,” Shamblin said. “But just as I was about to shoot, Officer Rodier shot the male two times.”

Another Aurora police officer arriving just as the shooting unfolded described the shooting the same way, saying he saw Dillard point the rifle at Rodier.

A third officer arriving in a marked patrol car, Adam Harris, corroborated their accounts, saying he too saw Dillard point the rifle at Rodier.

Both Rodier and Shamblin said neither considered using less-lethal options at the time, because the events happened so fast and appeared to be so dangerous.

Any less lethal alternatives would likely have been futile,” Rodier told investigators, “since the suspect could have easily killed us with his rifle.”

Immediately after the shooting, Shamblin kicked the rifle away while both officers began rendering aid, police said.

Dillard was pronounced dead by rescuers. Toxicology reports from an autopsy revealed  a blood alcohol level of 0.249, more than three times the legal driving limit. In addition, an undetailed amount of cannabinoids was detected.

As part of the investigation, Dillard’s girlfriend told detectives that he had been struggling with mental illness and had been drinking heavily. She said he often carried the Airsoft rifle into the parking lot while intoxicated, hiding behind cars because he believed he was being hunted.

“She believed he was trying to engage police to shoot him,” investigators said in the report. She recalled him saying he had “nothing to lose.”

“It is particularly tragic that Mr. Dillard died holding an Airsoft gun,” Mason said in a statement.“There is no evidence to suggest that any reasonable police officer would have acted differently.”