DENVER (CBS4) – In a court appearance Friday afternoon, attorneys for Matthew Dolloff, the unlicensed security guard who allegedly shot and killed a protester, asked the judge to waive Dolloff’s right to a preliminary hearing because he is claiming self-defense.
“The law does not permit us to raise self-defense in a preliminary hearing and that’s something that the jury will decide in the future,” Dolloff’s attorney Doug Richards said in a virtual court hearing Friday. “Therefore, we think it’s probably in everyone’s best interest to focus on the trial.”
The judge agreed to waive the preliminary hearing, due to the self-defense claim, and an arraignment was scheduled for Feb. 19 at 10:30 a.m.
Dolloff is accused of killing Lee Keltner during a “Patriot Muster” demonstration and a “BLM-Antifa Soup Drive” counter-protest on Oct. 10. Dolloff was charged with second-degree murder, and was released on a $500,000 bond.
Dolloff was working as a security guard for a 9News crew at the time of the shooting.
In addition to setting an arraignment, Dolloff’s defense also asked for his bond terms to be less-restrictive. Asking that he go from house confinement and a requirement to wear a GPS ankle monitor, to only wearing a GPS ankle monitor.
Prosecutors on the case said they had already spoken with the victim in the case, and they were okay with the terms changing.
The judge granted the request for Dolloff to no longer be on house arrest.
Video from bystanders on Oct. 10, including the TV producer Dolloff was working with at the time, and photos from The Denver Post, show Keltner at first arguing with a Black man wearing a Black Guns Matter T-shirt before getting into an altercation with Dolloff. Cellphone video from the unnamed TV producer suggests Keltner was upset that the original argument was being recorded.
The video shows Keltner, holding a spray can, walking out of view. A man’s voice — it’s unclear if it’s Keltner — is heard saying the area was no place for cameras. “Get the cameras out of here or I’m going to f— you up,” the unidentified man says. Keltner and Dolloff are then shown scuffling before the video stops.
Photos from the Post show Dolloff pointing his gun at Keltner as he fires what police said was pepper spray at Dolloff before Keltner falls to the ground.
When the TV producer resumes filming after the shooting, he tells arriving police that he is with the press and that the man who was shot “was going to get me.” He also says the security guard shot Keltner because Keltner used mace.
Dolloff was employed by two security companies at the time, who had arranged for him to provide security to 9News, Pinkerton and Isborn Security. The Denver Department of Excise and Licenses cited both companies with a municipal code violation because Dolloff did not have the license required to work as a security guard in the city.
Isborn Security settled with the city in early December, agreeing to surrender its license and be ineligible to reapply for a new license for five years.
A couple weeks later, Denver rejected Pinkerton’s request to settle. The company must appear before the department in a virtual show cause hearing on Feb. 3.
(© Copyright 2020 CBS Broadcasting Inc. All Rights Reserved. The Associated Press contributed to this report.)