Denver Police Detective Daniel Tregembo wrote in the affidavit that the shooting took place on Saturday as Lee John Keltner, 49, walked with his 25-year-old son to a rally at Civic Center Park. The incident was recorded by Denver Police surveillance cameras and cellphone video, the court document said. At least one newspaper photographer captured the shot.
The footage shows Lee Keltner arguing with another man and witnesses believed the men were going to fight, the affidavit states.
The shooting suspect, Matthew Dolloff, 30, and another man engaged in the confrontation, and Keltner is seen holding the pepper spray, according to the affidavit.
Keltner then turns his attention to Dolloff and the other man, and the footage shows Keltner and Dolloff “facing each other,” according to the affidavit.
Dolloff is being held for a first degree murder investigation, police say. He appeared in court on Sunday and is being held in jail without bail, according to prison records.
Doug Richards, a lawyer speaking on behalf of Dolloff’s family, told the Denver Post on Monday that Dolloff was at the rally to “protect First Amendment rights” and was not there to advance a political agenda.
Dolloff is a security guard who was hired by Pinkerton by CNN affiliate KUSA to accompany his reporting staff to a police support rally and counter-demonstration, the station said in a statement.
In a statement released on Sunday, Pinkerton said Dolloff was a contractor from a third-party supplier.
Dolloff is not licensed to be a security guard in Denver, according to Eric Escudero, a spokesperson for the city’s excise and licensing department.
If Dolloff operated without a license, he could face a fine of up to $ 999 or a year in prison, Escudero said. The company that hired Dolloff could also face administrative action if that were the case, according to Escudero.
Richards told the Post that Dolloff was fighting back.
“Matt was doing everything he was supposed to do and everything he was trained to do,” Richards told The Post. “Even though he didn’t have the Denver Special Security License, that didn’t stop Pinkerton from sending Matt to this position and it didn’t change the fact that Matt was acting in self-defense.
CNN contacted Richards on Tuesday but did not get an immediate response.
Pinkerton said he was cooperating with the investigation.
KUSA released a statement on Tuesday saying they did not know Dolloff was armed.
“As reported yesterday, 9NEWS does not contract directly with individual security personnel. 9NEWS contracted with Pinkerton and ordered that the security guards accompanying our staff be unarmed, ”according to the station’s statement.
CNN’s Dave Alsup, Claudia Dominguez, Kay Jones, Lucy Kavanov, Raja Razek, Hollie Silverman, Alta Spells and Amir Vera contributed to this report.