BREAKING NEWS – Denver Prosecutors plan to drop the second-degree murder charge filed against an unlicensed security guard who shot and killed a man outside of competing rallies during a “Patriot Muster” demonstration and a “BLM-Antifa Soup Drive” counter-protest on Oct. 10th, according to the man’s attorney and the district attorney’s office.

Matthew Dolloff, 32, had pleaded not guilty last May to the murder charge, which was filed after he shot and killed 49-year-old Lee Keltner in October 2020 outside of competing political rallies near Civic Center Park. Carolyn Tyler, a spokesperson for the district attorney’s office, confirmed prosecutors would dismiss the charge because there was not enough evidence to prove Dolloff is guilty of murder.”I can confirm that 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,” Tyler said in an email. “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.”

Dolloff was not licensed to work as a security guard in Denver and management at 9News has said that they did not request an armed security guard or know that Dolloff was carrying a gun that day. Dolloff did have a valid concealed carry permit, issued by the Elbert County Sheriff’s Office, at the time of the shooting.

McCann said Keltner’s decision to slap Dolloff, his open possession of the bear spray and a threatening comment Keltner made before during the interaction complicated efforts to prove Dolloff wasn’t acting in self-defense.

“It’s a combination of all of that, and the people that were with him and their actions and what they were saying,” she said.

Keltner’s family was blindsided by the district attorney’s decision, his sister, Susan Keltner, said on “The Steffan Tubbs Show” radio program on 710 KNUS on Thursday.

Anya Semenoff, The Denver Post)Lee Keltner sews a leather band into a hat at his home-based shop for Crossfire Hats in Brighton on Jan. 7, 2015.

“They explained to me that because my brother went and told them to get the camera out of his face and because my brother slapped him with an open hand, that (Dolloff) had the right to feel fearful for his life,” she said.

Susan Keltner said her family believes the district attorney failed them.

Denver District Attorney Beth McCann and the District Attorney’s Office see and hear you – led by Susan Keltner:• Monday, March 21 10am• Denver Courthouse • 520 W. Colfax Peaceful but LOUD. Justice for Lee is NOT served.