The Denver District Attorney’s office has decided to drop the second-degree murder charge against the man accused in a fatal shooting at an October 2020 rally in downtown Denver. 

Lee Keltner, 49, got into a confrontation with Matthew Dolloff, 32, as crowds from a pair of rallies in Civic Center Park dispersed.

The rallies included a “Patriot Muster” and a “BLM-Antifa Soup Drive.” Dolloff was working as security for Denver Gazette news partner 9News.

Photos captured Keltner spraying what appeared to have been mace or pepper spray at Dolloff after striking him in the face, and Dolloff fatally shooting him. 

Doug Richards, one of Dolloff’s defense lawyers, confirmed in an email that the DA plans to officially dismiss the charges on March 21. He said he couldn’t comment further.

In a statement, prosecutors said: “Having fully considered the facts and circumstances surrounding the charges, today we informed Lee Keltner’s family members that we will soon dismiss the criminal case against Matthew Dolloff. In line with our ethical obligations, we cannot overcome the legal justifications of self-defense or defense of others. We are not able to prove guilt beyond a reasonable doubt.”

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Dolloff pleaded not guilty to the second-degree murder charge and planned to claim self-defense at trial.

Keltner was a Navy veteran and worked as a custom hatter.

Reporting by The Denver Gazette revealed that Dolloff didn’t have a license to work as a security guard in Denver. The company Pinkerton had used Isborn Security Services to contract with Dolloff.

Isborn later entered an agreement with the city’s Department of Excise and Licenses to surrender its license to operate in Denver, and the department revoked Pinkerton’s private security guard employer license.

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