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Documents released from the De'Von Bailey shooting investigation

Posted: 11:07 AM, Dec 03, 2019
Updated: 2019-12-03 13:47:05-05
De'Von Bailey shooting body cam video

COLORADO SPRINGS — The El Paso County Sheriff's Office has released all of their documents Monday regarding the De'Von Bailey investigation.

Earlier this month, the El Paso County Grand Jury found the two Colorado Springs Police Officers who shot and killed Bailey as he was running away from them were justified in the use of deadly force.

Sergeant Alan Van't Land and Officer Blake Evenson were the subjects of a statutory multi-agency deadly force investigation as a result of the August 3, 2019 shooting.

According to the Grand Jury Report, which was made public, the jurors believe there are two legal grounds upon which the officers were justified in the use of deadly physical force: one that is commonly referred to as the "fleeing felon" defense and the other is self defense and defense against others.

As to the "fleeing felon" statute, the grand jury concluded that the officers had reasonable belief that Bailey had committed a felony and was in possession of a gun.

"The law requires officers take necessary steps to protect innocent bystanders and themselves from a fleeing felon in possession of a firearm," the report states. "The law does not require that a suspect point a firearm at officers or others before they may use deadly force."

The nearly 400-page document released by the Sheriff's Office contains interview transcripts, scene photos and statements. You can view it down below:

READ INVESTIGATION DOCUMENTS RELEASED BY THE SHERIFF'S OFFICE

With respect to self-defense and the defense of other, the Grand Jury concluded that Sgt Van't Land and Officer Evenson were aware that Bailey had just committed an armed robbery and was still in possession of gun when they approached him. The body worn camera video showed Sgt Van't Land giving clear instructions not to put his hands at his waist.

Bailey fled as the officers approached for a pat down search and was running in a residential neighborhood towards a public park and an elementary school. The report also points out that Bailey refused to show his hands and instead reached towards the front of his waistband, disobeying direct and repeated orders. The officer with the bodycam chased Bailey and pulled out his weapon, yelling, "Hands up! Hands up!" That's when officers at the scene, Sgt. Vant Land and Officer Evenson, chased and fired multiple shots at Bailey.

The autopsy revealed Bailey was shot four times. Three bullets entered his torso, perforating several organs, including his heart, left lung and spleen. He died following massive blood loss.

"The officers were understandably concerned that he intended to draw his firearm which would put innocent civilians or officers in danger of serious bodily injury or death," the report states.

The Fourth Judicial District Attorney's Office brought in an independent expert in the use-of-force to review the shooting and that expert testified before the Grand Jury. While the expert remains unnamed, the report states that he has no connections to Colorado Springs or the State of Colorado and has made determinations in several cases where officer involved shootings were not justified.

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