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CSPD announce arrests in what police described as a “riot” near an officer’s home in Colorado Springs

CSPD asked for help in identifying the person pictured above tied to an incident on Aug. 3.
CSPD asked for help in identifying the person pictured above tied to an incident on Aug. 3.(CSPD)
Published: Aug. 3, 2020 at 5:28 PM MDT|Updated: Aug. 3, 2020 at 7:37 PM MDT
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COLORADO SPRINGS, Colo. (KKTV) - A group of people gathered in Colorado Springs on Aug. 3 and marched down the street of a neighborhood on the north side of of the city near Pulpit Rock one year after the shooting death of De’Von Bailey. On Friday, more than a month later, CSPD announced three people were arrested in the incident in what they described as a “riot” in front of an officer’s home. Police also added the arrests were delayed. A list of the people arrested is at the bottom of this article.

“As a department, we are committed to ensuring everyone’s rights. That includes protecting those who wish to speak against us and law enforcement as a whole. But what we cannot allow is for illegal behavior in our city,” a statement from CSPD Police Chief Vince Niski on the arrests read.

Also on Friday, police asked for help in confirming the identity of a person dressed in a helmet, wearing a vest, and carrying a rifle. You can view that photo at the top of this article. If you know who the person is, you’re asked to call 719-444-7000.

The protesters were calling for one of the officers involved in the shooting to be fired and face charges, the shooting was justified by a grand jury. It isn’t clear if the people police arrested are connected to the people who organized the protest.

At about 6:30 p.m. on Aug. 3, police asked residents living along the 6000 block of Pulpit Rock Drive to shelter-in-place due to “the civil disturbance/protest.”

“You are asked to stay indoors; please lock and stay away from windows and doors. Please stay out of the immediate area until further notice. CSPD will send an all clear message when appropriate. Please do not engage demonstrators. CSPD monitoring in the area,” authorities wrote in the emergency notification.

The shelter-in-place order was lifted at about 7:30 p.m. on Aug. 31.

The FBI reviewed the deadly officer-involved shooting of Bailey and found no “willful violation” of constitutional rights by officers. The shooting was also justified by a grand jury.

The shooting of Bailey happened on Aug. 3 of 2019.

Colorado Springs Police Department spokesperson Lt. Jim Sokolik told reporters the night of the shooting that it started with a call for service on Fountain Boulevard near Circle Drive around 6:45 p.m. The caller said they had been robbed.

"[The officers] contacted the victims there, who pointed out two suspects," Lt. Sokolik stated. "Officers then made contact with the suspects, while detaining or attempting to detain those suspects."

During the confrontation, Sokolik said one of the suspected robbers, later identified as Bailey, appeared to reach for a gun. That’s when officers opened fire. Bailey was shot three times in the back and once in the arm. The El Paso County Sheriff’s Office investigated the shooting.

Click here for previous coverage by KKTV.

CSPD provided the following when announcing part of the protest as a riot on Sept. 11, 2020:

"We understand and share in the frustration with delayed enforcement; however, the safety of our community is paramount. Please be assured, delayed arrests do not deter our efforts in holding people accountable for engaging in illegal and dangerous behavior.

The following are excerpts from Colorado law regarding riots:

18-9-101 Definitions

-Riot” means a public disturbance involving an assemblage of three or more persons which by tumultuous and violent conduct creates grave danger of damage or injury to property or persons or substantially obstructs the performance of any governmental function.

18-9-102 Inciting riot

A person commits inciting riot if he:

-Incites or urges a group of five or more persons to engage in a current or impending riot; or

-Gives commands, instructions, or signals to a group of five or more persons in furtherance of a riot.

-A person may be convicted under section 18-2-101, 18-2-201, or 18-2-301 of attempt, conspiracy, or solicitation to incite a riot only if he engages in the prohibited conduct with respect to a current or impending riot.

-Inciting riot is a class 1 misdemeanor, but, if injury to a person or damage to property results therefrom, it is a class 5 felony.

18-9-104. Engaging in a riot

A person commits an offense if he or she engages in a riot. The offense is a class 4 felony if in the course of rioting the actor employs a deadly weapon, a destructive device, or any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon, or if in the course of rioting the actor represents verbally or otherwise that he or she is armed with a deadly weapon; otherwise, it is a class 2 misdemeanor.

The provisions of section 18-9-102 (2) are applicable to attempt, solicitation, and conspiracy to commit an offense under this section.

Arrests

Following the riot, CSPD detectives were able to identify several rioters engaging in illegal activity. They also worked with the Fourth Judicial District Attorney’s Office to ensure that these cases and the information they obtained in their investigation were prosecutable.

Arrest warrants were obtained for the following individuals. Search warrants were also acquired for the residences in Denver and Fountain:

  • 36-year-old Sherrie Smith of Fountain, Colorado Arrested in Fountain, Colorado Armed with rifle, pointed rifle at the occupied vehicle of a citizen Menacing – felony Possessing a Dangerous or Illegal Weapon - felony Engaging in a Riot – felony Additional misdemeanor offenses
  • 33-year-old Lloyd Porche of Denver, Colorado Arrested in Denver, Colorado Armed with rifle, engaged in menacing behavior toward the occupied vehicle of a citizen Menacing - felony Engaging in a Riot – felony Additional misdemeanor offenses
  • 20-year-old Charles Johnson of Colorado Springs, Colorado Arrested in Colorado Springs, Colorado Attempted to take cellular telephone from a citizen- value approximately $900 Attempted Robbery - felony Inciting a riot – felony Additional misdemeanor offenses

Federal partners assisted the Colorado Springs Police Department in this investigation.

As this is still an on-going investigation, the arrest warrants have been sealed at this time. Additionally, we do anticipate additional arrests in the near future."

Copyright 2020 KKTV. All rights reserved.

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