By Rocky Mountain Voice Staff
The Colorado Court of Appeals has found Denver’s 9News could potentially be held liable in a fatal shooting of a Trump supporter during a 2020 protest in Denver.
Matthew Dolloff, an unlicensed security guard allegedly acquired by a contractor 9News used, was accompanying a 9News producer at a protest between the group “Patriot Muster” and a “BLM-Antifa Soup Drive” when he shot and killed Trump supporter Lee Keltner, according to CBS News.
Denver District Attorney Beth McCann refused to prosecute at the time of the shooting: “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,” she said in her official statement.
The appellate court found that 9News might still bear responsibility for Dolloff’s actions, despite not directly hiring him, according to court documents.
While normally a company in 9News’ position would not be liable, the specific circumstances of this case could present a “special or peculiar danger,” the court noted.
Keltner’s friend Steven Wright filed the lawsuit in Elbert County in October 2022, two years after Dolloff allegedly shot and killed his friend when they were leaving a separate pro-police rally at Civic Center Park. Black Lives Matter protestor Jeremiah Elliott was wearing a “Black Guns Matter” shirt and trying to incite a fight with bystanders when he allegedly accosted Keltner, according to the Denver Gazette.
Court documents say Keltner’s friend intervened as 9News producer Zachary Newman recorded the interaction. Keltner then allegedly shouted at the producer and Dolloff attempted to intervene. The court documents also say Dolloff fatally shot Keltner after being slapped and sprayed by the Trump supporter with pepper spray.
District Court Judge Gary M. Kramer entered a default judgment against Elliott and Dolloff after they did not respond to the civil suit, as reported by the Denver Gazette. The reporting goes on to indicate 9News and the security companies moved to dismiss, but the Judge denied the motions, as the allegations, if true, would show the security company negligently provided an unlicensed security guard carrying an unauthorized firearm at a protest where there would likely be violence.
A jury could find 9News needed to do more to supervise the unlicensed security guard and control his actions in the middle of “inherently dangerous activity,” a judge found according to the court documents.
The high-profile case could draw significant attention toward the responsibilities of media outlets in managing their security measures at public events.