COLORADO SPRINGS, Colo. (KKTV) -- The 4th Judicial District Attorney's Office announced on Friday that they will refer the De'Von Bailey case to a Grand Jury investigation.
Still from the CSPD body-camera footage released Aug. 15, 2019
The DA's office made the announcement on Twitter writing: The 4th Judicial District Attorney’s Office will refer to a grand jury an investigation into the Colorado Springs Police officer-involved shooting of De’Von Bailey that occurred in Colorado Springs on August 3, 2019, which resulted in the death of Mr. Bailey. No further comment.
De'Von Bailey was shot and killed on Aug. 3 after police were called to a report of an armed robbery. Body camera footage released by police shows officers confronting Bailey before he started running away.
You can watch the video released by police at the top of this article.
Bailey was shot three times in the back and once in the arm. The El Paso County Sheriff's Office investigated, and prosecutors could take months to review the findings. Critics say the police department, sheriff's office and district attorney's office work too closely to be objective.
11 News reached out the lawyers representing the family of De'Von Bailey, Killmer, Lane & Newman, LLP and they provided the following statement, "Unfortunately, the decision to have the local DA’s office present the case to the grand jury at this point is too little too late. The grand jury‘s ability to make a decision is only as good as the information provided to it. The investigation by the El Paso County Sheriff’s Department is already infected by many conflicts of interest within that office, and within DA Dan May’s office. I fully anticipate that the case presentation by a conflicted local district attorney will be biased in favor of the local police. Our concern is that the local prosecutors are too reliant on local police to make an independent presentation to the Grand Jury. They will likely present the matter in a way to cause charges to not be filed. The Grand Jury should be led by an INDEPENDENT Prosecutor. We’ve always believed it should be presented to the Grand Jury by the Colorado Attorney General’s office or even a prosecutor from another jurisdiction that has no relation or ties to the 4th Judicial District or Colorado Springs DA Dan May, who has deep conflicts of interest in the matter. The local police are simply too close to the local prosecutors to give confidence that the presentation to the Grand Jury will be truly impartial."
Colorado Springs police provided 11 News with the following statement on the decision by the DA's Office:
"The Colorado Springs Police Department views the decision made by the Fourth Judicial District Attorney’s Office as the next step in this process. From the beginning, we have remained committed to following the investigative and judicial processes set forth by law; as we have with all other officer involved shooting incidents. We will continue to follow and abide by this process until its completion.
Click here to read our previous coverage of this case.