Officer Who Fatally Shot De'Von Bailey In The Back Will Not Face Any Charges, Grand Jury Says
Video footage shows the victim being gunned down by police.
November 15, 2019 at 2:36 pm
Update (November 14, 2019): A grand jury has decided that the fatal police shooting of 19-year-old De’Von Bailey was justified, CNN reported.
The 4th Judicial District Attorney’s Office released the verdict on Wednesday. The case was pushed to a grand jury in October after the victim’s family called for an independent investigation.
The "No True Bill" ruling dismisses defendants where there is a lack of evidence to file charges, according to CNN.
District Attorney Dan May said the body camera footage of the shooting was "the best view of an officer-involved shooting" he had ever seen, according to the Colorado Springs Police Department.
On August 3, Bailey was fatally shot by Colorado Spring police officers who were responding to reports of a robbery. According to police accounts, when officers arrived at the scene and questioned possible suspects, Bailey reportedly ran as police demanded him to stop.
The autopsy revealed that the 19-year-old was struck four times in the heart, left lung and spleen, KOAA reported. He died after being transported to the hospital.
Mari Newman, the attorney for Bailey’s family, shared a statement following the grand jury’s decision.
“We are not one bit surprised. This is the exact outcome you would expect when you have a tainted investigation presented by a biased prosecutor. This is the precise reason we’ve been calling for an independent prosecutor from the beginning. When the system refuses to police themselves, citizens need to stand up for their constitutional rights,” Newman said.
Original (August 15, 2019): The family of a Colorado man is calling for an independent investigation into the police-involved shooting that claimed his life.
Nineteen-year-old De'Von Bailey was allegedly shot in the back several times by Colorado Springs Police, family members said. Surveillance footage captured Bailey running away from two officers during the August 3 encounter. Neighbors in the area reportedly heard seven gunshots ring out although the actual number of rounds fired has yet to be released.
Attorneys representing the family are demanding that a special prosecutor be brought in to carry out an investigation.
“An independent and impartial special prosecutor should be given the important responsibility of bringing charges against the officers involved in this tragedy,” family attorneys Darold Killmer and Mari Newman said in a statement on Monday.
#SURVEILLANCEVIDEO: This surveillance video from neighbors shows the moment De’Von Bailey collapses on the ground as officers run toward him with guns drawn during Saturday evening’s #officerinvolvedshooting. Neighbors say they heard 7 shots ring out. @KOAA pic.twitter.com/ROH9GCxasA— Jessica Barreto (@BarretoReports) August 7, 2019
Officers were reportedly in the area responding to a robbery call involving two suspects. Police said one of the officers on scene fired at one of the two suspects as he reached for a firearm. According to The Denver Post, a gun was recovered from the scene of the shooting. Whether or not the gun was legal has yet to be disclosed.
More than 60 people are protesting police brutality along Nevada Avenue after the death of 19-year-old De’Von Bailey who was killed by a CSPD officer Saturday. pic.twitter.com/VrblcgvaTQ— Olivia Prentzel (@oliviaprentzel) August 5, 2019
Authorities have also refused to release the body cam footage from the two officers. Police claimed their ongoing investigation prevented them from releasing the cam footage at the moment. The Bailey family and their attorneys question if that is true or not.
“The footage scheduled for release captured the moments leading up to, including and immediately following the shooting. As the releasing authority, CSPD has committed to releasing the footage only at such a time when it will not jeopardize or compromise the investigative or judicial process,” a Friday statement said.
“I don’t want to make this about Black Lives Matter or anything, because all of our lives matter. I know everyone says my son was killed by a white cop and he’s a Black man in the community. And yes, those are the facts, but that’s not what this is about. This is about what’s right is right and what’s wrong is wrong. What’s wrong is my son was shot in the back by law enforcement,” Greg Bailey, the victim's father, told CBS Denver.