Matthew Dolloff, who’s accused by police of fatally capturing Lee Keltner on Saturday, had been booked right into a Denver jail on suspicion of first-degree homicide.
The lesser cost shall be filed in court docket on Monday, in keeping with the workplace of DA Beth McCann.
Dolloff’s lawyer, Doug Richards, didn’t instantly reply to CNN’s request for remark.
He has stated that Dolloff acted in self-defense.
The photographs present Keltner arguing with one other man, and witnesses thought the boys had been going to battle, the affidavit says.
Dolloff and one other man change into engaged within the confrontation, and Keltner is seen holding the can of pepper spray, in keeping with the affidavit.
Keltner then turns his consideration towards Dolloff and the opposite man, and the pictures present Keltner and Dolloff “face one another,” in keeping with the affidavit.
“Mr. (Lee) Keltner strikes Mr. (Dolloff) within the aspect of the top with an open hand. Mr. (Dolloff) is then noticed drawing a handgun from his waistband, aiming at Lee Keltner and capturing as soon as, hanging Mr. Keltner, as Mr. Keltner discharges his (pepper) spray,” the affidavit says.
Keltner died at a Denver hospital, the Medical Examiner’s Workplace stated in a press release.
In a press release launched Sunday, Pinkerton stated Dolloff was a contractor from a third-party vendor.
Dolloff just isn’t licensed to be a safety guard in Denver, in keeping with Eric Escudero, a spokesman for the town’s Division of Excise and Licenses.
If Dolloff was working and not using a license, he could possibly be fined as much as $999 or withstand a yr in jail, Escudero stated. The corporate that employed Dolloff might additionally face administrative motion if this had been the case, in keeping with Escudero.
Richards earlier this week advised the Denver Put up that Dolloff was defending himself.
In Colorado, second-degree homicide carries a compulsory sentence of 16 to 48 years if discovered responsible.
CNN’s Kay Jones, Lucy Kavanov and Raja Razek contributed to this report.