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Colorado Springs police release video of De'Von Bailey shooting

Bailey family attorney, community responds

WATCH: Community Reacts to Police Video

COLORADO SPRINGS, Colo. - Colorado Springs police released body camera footage showing the officer-involved shooting that left a 19-year-old dead nearly two weeks ago.

The footage was released Thursday, and it shows the moments that CSPD officers encountered De'Von Bailey.

Watch the video below, or by clicking this link: (Warning: This video contains graphic language and images that could be disturbing to some viewers.) KRDO is choosing to publish the full video released by CSPD for full transparency.

Thursday afternoon, an attorney for the Bailey family announced a press conference to address the release of the body camera footage. Watch below.:

In the above video, the interactions with Bailey and another suspect can be seen at about the 13-minute mark.

The video appears to show Bailey holding an item in his waistband while running away from police officers. That's when the officers open fire before Bailey falls to the ground. When the officers get to Bailey, they appear to find a gun in between his legs.

The video doesn't appear to show Bailey point the gun at officers, but officers can use deadly force if they know a fleeing suspect has a deadly weapon.

Bailey was shot by responding CSPD officers on Aug. 3 near Memorial Park. Part of the shooting was caught on a neighbor's surveillance video, but it didn't show the entire event.

According to the autopsy report released Thursday, Bailey was shot four times -- three were in the back, and one was in the arm. Bailey didn't have any drugs or alcohol in his system other than THC.

CSPD says Bailey was a suspect in an armed robbery, and that's why police were pursuing him. Few other details have been released about the incident.

The El Paso County Sheriff's Office said Thursday it finished investigating the fatal shooting, but the department hasn't provided information beyond what's in the police report, citing the "open investigation." The investigation's findings have been given to the Fourth Judicial District Attorney's Office.

Bailey's family and their attorney are also calling for an independent investigation.

Darold Killmer, an attorney representing the Bailey family, said that while Bailey did have a gun, he didn't point it at the officers who shot him. He compared the situation to the Dayton shooting, where the shooter had shot civilians and pointed a gun at officers.

"In this case, the evidence is to the contrary," Killmer said. "He [Bailey] was trying to flee the situation and get away from any apprehension or arrest ... The fact that other people are around doesn't meet the legal standard of threat of death or bodily injury."

Killmer says he believes the officers used excessive force, adding that the 4th Amendment "prevents police from arresting or seizing in an unreasonable way."

But Killmer also acknowledged that they don't have all the evidence available, saying, "There's an awful lot still unknown that we still have to analyze."

When asked why Bailey ran from police, Killmer hypothesized that Bailey, as a young black man, had a different perspective of police officers and might have felt that he was "better off somewhere else."

Killmer said Bailey didn't have any previous convictions. However, Bailey did have an open case against him for alleged sexual assault of a child by someone in a position of trust. Bailey was free on bond at the time of the shooting.

Killmer also said he believes the initial call about the robbery wasn't reported accurately by the alleged victim. Killmer questioned why police didn't find a wallet or money on Bailey or his alleged accomplice, and he said "it appears that there had been essentially a fistfight" before the 911 call.

"Obviously, we're still looking into this," Killmer said.

Bailey's family said earlier this week "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."

In the aftermath of the shooting, several protests have taken place. One of those protests was broken up by police after two bail bond agents unaffiliated with the family went to the protest and drew guns.

Community members like Julie Ramirez watched the latest video and says she thinks the encounter could have ended differently. 

"I’m disturbed. We see it all over the country but now it’s happening in our backyard," she said. 

The officers involved were identified as Sgt. Alan Van't Land and Officer Blake Evenson.

CSPD hasn't released any further statements regarding the shooting at this time.


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