COLORADO SPRINGS — The 4th Judicial District Attorney's Office announced Friday afternoon they will refer the investigation into the officer-involved shooting of De'Von Bailey to a grand jury.
On August 3, CSPD officers were checking out a report of a robbery with a weapon. The officers contacted two males who matched the description provided by the witness. The rest of the incident was captured on Home surveillance video and officer's body worn camera video .
De'Von Bailey and his cousin had their hands up as the officers approached. When they are asked if any one of them are armed, Bailey begins to run away. The officer with the bodycam chased Bailey and pulled out his weapon, yelling, "Hands up! Hands up!" That's when officers at the scene, identified as Sgt. Vant Land and Officer Evenson, chase and fire multiple shots at Bailey.
It appears officers fired at least 8 times as Bailey had his back turned to them. Bailey fell to the ground and an officer again yelled, "Hands up! Hands up!" Bailey lifted one hand and then fell back to the ground.
The autopsy revealed Bailey was shot 4 times. Three bullets entered his torso, perforating several organs, including his heart, left lung and spleen. He died following massive blood loss.
In the body worn camera video, police are seen cutting away Bailey's pants, which show the outline of a gun. Investigators had previously told News5 a weapon was recovered from the scene and is being stored in evidence.
The latest update in this investigation came on Sept. 11 when spokesperson for the FBI in Denver confirmed with News5 that the federal agency is "reviewing the facts" for the Aug. 3 shooting of De'Von Bailey by CSPD officers.
This is a developing story. Stick with News5 for updates.