Editor’s note: This story has been updated to remove any reference to the number of times De’Von Bailey was shot. Attorneys for the Bailey family have rolled back their comments on the number of times the teen was hit.
The family of 19-year-old De’Von Bailey said he was shot in the back and now is asking for an independent investigation into the fatal Colorado Springs police shooting.
“Bailey’s family and the greater community is calling for a truly independent investigation and prosecution of the involved officers,” said a news release issued Monday by Denver civil rights attorneys, Darold Killmer and Mari Newman, said. “Such independence is impossible if the investigation and decision are within the control and influence of the law enforcement agency being investigated.”
A news conference with the lawyers, family members and their supporters will be held at 11:30 a.m., Tuesday outside the Colorado Springs Police Department headquarters, 702 S. Nevada Ave. At that time, the Bailey family intends to ask city officials to appoint an independent special prosecutor and refer the matter to a grand jury, the news release said.
“The family of De’Von Bailey, concerned citizens of Colorado Springs and across Colorado will stand together to call for the immediate independent investigation and releasing of the body cam videos in the officer-involved death of Mr. Bailey,” the news release said.
Colorado Springs police have said two police officers responded to a robbery report at about 6:45 p.m. on Aug. 3 in the 2400 block of East Fountain Boulevard. At least one officer shot one of two suspects as he reached for a firearm, police have said. A gun was recovered from the shooting scene, police reported. The shooting has already triggered protests outside Colorado Springs police headquarters.
Police have denied requests for body camera videos by The Denver Post citing the ongoing investigation. But the department has said it will release body camera footage from the two responding officers after the El Paso County Sheriff’s Office completes its investigation some time this week.
“The footage scheduled for release captured the moments leading up to, including and immediately following the shooting. As the releasing authority, CSPD has committed to releasing the footage only at such a time when it will not jeopardize or compromise the investigative or judicial process,” a Friday news release said.
Attorneys for the Baileys said the body camera videos should be released immediately because the evidence cannot be changed and releasing them would not compromise the investigation.
“There is absolutely nothing which prevents the city from releasing the videos from the body cams, dash cams, or any other video depictions of the events of August 3,” the news release said.
The lawyers also said the El Paso County District Attorney’s Office has a conflict of interest in the case because it works closely with police to prosecute other crimes.
“Independence and transparency are needed to give confidence in any investigation or decision regarding the prosecution of the officers that killed De’Von Bailey,” the news release said.
