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Bailey family lawyer calls for independent investigation, release of video in shooting case

A memorial set up for Devon Bailey in southeast Colorado Springs.
Posted at 12:22 PM, Aug 12, 2019
and last updated 2019-11-14 12:55:28-05

COLORADO SPRINGS — De'Von Bailey's family and their lawyer announced Monday that they want an independent investigation into the fatal officer-involved shooting earlier this month.

In a news release sent to local media outlets Monday morning, Lawyer Darold Killmer announced a news conference and a demonstration outside of the CSPD Police Operation Center on Tuesday at 11:30 a.m. In his statement, Killmer claims there are "many conflicts of interest" between the El Paso County Sheriff's Office, Colorado Springs Police Department and the 4th Judicial District Attorney's office.

Killmer goes onto write that it would be "inappropriate" for the sheriff's office and the 4th Judicial District to investigate the case. He calls for a special prosecutor to be appointed and for a grand jury to be involved in the decision about whether or not to charge the officers involved in the shooting.

In response to the statement, El Paso County Sheriff's Office Public Information Officer Natalie Sosa declined to comment and said the sheriff's office is following Colorado law by investigating the shooting. She said it will not have any further comment while the case remains under investigation.

Colorado law requires a separate agency to investigate officer-involved shootings. In this case, CSPD officers were involved in the shooting and the El Paso County Sheriff's Office is investigating this case, which is normal protocol in other officer-involved shootings in Colorado Springs. Similarly, if El Paso County deputies were involved in a shooting, the case would be investigated by CSPD.

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The family also called for the immediate release of all body camera, dashcam and other video related to the investigation into the Aug. 3. shooting. Colorado Springs Mayor John Suthers said he supports the release of the video, and he asked the community for patience for the investigation to conclude.

"I would ask the public to please wait and hear the whole story because I think you'll get a pretty good picture of everything that happened in this case," Suthers told News5 last Wednesday.

The City of Colorado Springs announced through a spokesperson that the footage of "the moments leading up to, including and immediately following the shooting" are expected to be released sometime this week.

News5 obtains video showing officers and suspect involved in Saturday's fatal shooting

The El Paso County Sheriff's Office has not released much information surrounding the investigation, but this is what we know about the shooting so far. Colorado Springs police officers responded to a reported personal robbery in the 2400 block of E. Fountain Blvd. around 6:45 p.m. Saturday. A release states, "Upon arrival, officers interviewed the victim who identified two suspects. Officers contacted the suspects and during the encounter, one suspect reached for a firearm. At least one officer fired a shot at the suspect."

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The pursuit ended in the 2100 block of Preuss Street, which is approximately .3 miles on foot from 2400 E. Fountain Boulevard, where officers responded to the initial call. However, it's not clear exactly where officers began chasing Bailey or how long they chased Bailey on foot. Authorities also said they recovered a weapon at the scene.

Police have not yet released the names of the officers that were involved in the shooting.