This is NOT a win for a good, sane, sober, justified self-defender.
The expanded photo deck from this incident can be found here:
https://www.denverpost.com/2020/10/12/denver-protest-shooting-photos-full-sequence/
The photos appear to show that the victim (the dead guy, Keltner) did NOT pose a deadly threat to Dolloff. Dolloff put his left hand on the victim, the victim swing with his left hand and knocked off Dolloff's hat and sunglasses. After this swing, the victim retreated and Dolloff drew his firearm. The victim unleashed a stream of pepper spray. And Dolloff put a single round in the victim's head, killing him immediately.
Based on the sequence of these photos, Dalloff drew his gun in response to the slap with an open hand, NOT in response to the use of pepper spray.
Although Dolloff might claim that his vision was impaired by the pepper spray, and that he couldn't really see what the victim held in his hand, in that critical moment he had a good enough view of his sights and his adversary to execute a perfect head shot at something like seven yards. On a moving target. From the holster. In about two seconds.
For those of you here who believe that this was a "good shoot", please identify where in this sequence the victim poses an objective, reasonable deadly threat to the shooter, Dolloff. Taking a swing, or even holding a can of pepper spray, do NOT constitute deadly force. In the expanded photo deck, the victim never displayed a deadly weapon of any kind. His bear spray was clearly identifiable. Where was the gun? Or the knife? Or the club? Or the size or age discrepancy? Where are the multiple attackers who are immediately adjacent? "Ability", a required element of what can be considered an imminent, deadly threat, appears to me to be missing throughout this exchange.
Furthermore, by retreating, the victim here is signalling an intent to disengage from Dolloff. It did happen quickly. Perhaps faster than Dolloff could respond to. This is likely a matter for experts to analyze. But by retreating, in absence of a distance weapon, it appears to me that the victim is demonstrating an absence of "Jeopardy", also known as "Manifest Intent". Just like "Ability", "Jeopardy" is a required element of an imminent, deadly threat, which seems to me to be missing from this sequence.
Dolloff chose to draw his gun after the slap, and before any threatened or actual application of pepper spray occurred. Unless merely holding a can of pepper spray constitutes deadly force under Colorado law.
The real issue here is the question of why the prosecutor is refusing to put the case in front of a jury to decide the facts. This is why juries exist in our system of jurisprudence. I believe that in difficult cases like this, an impartial jury is well-equipped to find the truth.
There are lots of reasons why this prosecutor may have made this decision. But in my opinion, the idea that this was a "good shoot" is definitely not among them.