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FBI reviewing facts in De'Von Bailey shooting to determine if there was a federal civil rights violation

Posted: 10:12 AM, Sep 11, 2019
Updated: 2019-09-12 07:10:15-04
A memorial set up for Devon Bailey in southeast Colorado Springs.
Still image of Bailey shooting

COLORADO SPRINGS — A spokesperson for the FBI in Denver confirms with News5 the federal agency is "reviewing the facts" for the August 3rd shooting of De'Von Bailey by Colorado Springs Police officers.

Special Agent Amy Meyer writes, "the FBI has a responsibility to review all instances of officer involved shootings, and is doing so in communication with Colorado Springs Police Department, El Paso County Sheriff's Office, and the District Attorney's Office to independently collect and review evidence in determining if there has been a federal civil rights violation."

It was Mayor John Suthers who hinted at a possible review by the FBI and Department of Justice when he sent out a series of tweets in response to a continued calls for an independent investigation by the Bailey family supporters and people living in the neighborhood along Fountain Boulevard. "As we await a legal resolution of this case, I urge our community to embrace a spirit of healing. As for calls for an independent investigation, as the Mayor, I do not have the authority to take the case from the elected DA."

The El Paso County Sheriff's Office is managing the investigation, per state law, and turned over the evidence to the 4th Judicial District's Office for review on August 15. Any decision on how the incident was handled by officers is not expected to be released for several weeks. Per state law, only District Attorney Dan May can call for an outside agency to manage the investigation. So far, Governor Jared Polis has voiced his support of including a third party in the process.

A crowd of over 50 people packed council chambers Tuesday, with dozens lining up to speak to council members during citizen comment.

"Please don't dismiss," Reverend Promise Lee said. He is a community activist who has been leading peaceful demonstrations. "At some point I'm going to have to step aside and then we could have a Ferguson on our hands or a Charlottesville. I want you to know that is a powder keg that Colorado Springs is sitting on."

Supporters of the Bailey family have demanded the investigation be turned over to a third party for review. "Please, please, please look into this, because we're not going to sit back and let them kill our kids," said a woman speaking to city council.

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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.