Second Judical District
201 W, Colfax Ave, Dept. 801
Denver, CO 80202
March 21, 2022 Contact: Carolyn Tyler, Communications Director, firstname.lastname@example.org, 720-913-9025
DENVER—This afternoon, prosecutors with the Denver DA’s Office formally dismissed the case against Mr. Matthew Dolloff who was charged in October 2020 with one count of murder in the second degree for the shooting death of Mr. Lee Keltner. As the case progressed – and a full analysis of the case details including materials provided by defense counsel was made – prosecutors realized that they would not be able to prove that Mr. Dolloff did not have the right to use deadly force to defend himself and others pursuant to Colorado law. Prosecutors have an ethical obligation to proceed with a criminal case only if they believe they can prove guilt beyond a reasonable doubt which is why the case was dismissed today in Denver District Court.
The following statement is to be attributed to Denver District Attorney Beth McCann.
“Lee Keltner’s death was a tragedy, and I understand that this decision is difficult to accept for those who loved him. My heart goes out to the friends and family of Mr. Keltner. However, without provocation, Mr. Keltner verbally threatened and physically assaulted Mr. Dolloff and was the initial aggressor before being shot. Under Colorado’s law, Matthew Dolloff had no duty to retreat and was legally justified in his actions. While I do not agree with Mr. Dolloff’s decision to use lethal force, the fact remains he had the right to do so under our law.
I do not believe violence and guns have any place at a peaceful protest. Firearms increase the dangerousness of these gatherings. Sadly, the presence of a firearm escalated an altercation into a deadly situation.”