Attorney raises questions about previous shooting involving Colorado Springs officer who killed De'Von Bailey

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COLORADO SPRINGS, Colo. (The Gazette) - WARNING: Graphic content in the video above. Colorado Springs police have released the body-camera footage of a controversial officer-involved shooting that left a teenager dead. This video was edited by the police. The Aug. 3 shooting left 19-year-old De'Von Bailey dead

A Colorado Springs police sergeant involved in the fatal shooting of 19-year-old De’Von Bailey was one of two officers who shot and killed a fleeing man in 2012.

Then-Officer Alan Van’t Land was ultimately cleared of wrongdoing in the death of Robert Kresky, who was shot 14 times in a darkened parking lot in the city's Knob Hill neighborhood.

Investigators determined that Kresky, 23, had no gun, even though he told officers, “I will shoot you!” as he ran, according to a March 2013 report from the 4th Judicial District Attorney’s Office.

The suspect kept his hand in his waistband while hurling threats, leading Van’t Land to fire his weapon, “certain” that a gunbattle was imminent.

Officers fired on Kresky after he collapsed, reporting that he was “messing with something around his waistband,” the report said.

Kresky died four days later. A gun was found on the ground next to Kresky’s stolen Jeep several blocks away. Prosecutors ruled the shooting “reasonable, appropriate and justified,” the report said.

The Gazette reported the Dec. 3, 2012, shooting in the 100 block of North Iowa Street, but didn’t identify Van’t Land or the other officer involved, Adam Wheeler.

The shooting six years ago, with its parallels to the death of Bailey, who also was running from the officers and was not holding a weapon, according to witnesses, came under scrutiny in El Paso County Court on Wednesday. An attorney for Lawrence Stoker, Bailey’s cousin, pressed for access to any Internal Affairs reports on Van't Land.

In response, Frederick Stein of the Colorado Springs City Attorney’s Office told a judge, “There are no IA records about Sgt. Van’t Land.”

Because the Kresky shooting was considered justified, and without any official complaints, Stein said police “did not create any type of investigation.”

Click here to read the full article by 11 News partner The Gazette.