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Fatal police shooting of De'Von Bailey referred to grand jury

The 19-year-old was shot and killed by Colorado Springs police officers in August. Video of the incident shows him running away when he was shot.

COLORADO SPRINGS, Colo — The fatal shooting of a teenager by two Colorado Springs Police (CSPD) officers has been referred to a grand jury, who will decide whether the officers should be indicted, according to a tweet from the 4th Judicial District Attorney’s Office.

De’Von Bailey, 19, was killed on Aug. 3 during an encounter with officers shortly after they were dispatched to a report of a personal robbery. 

According to an initial news release from the El Paso County Sheriff’s Office, just after 7 p.m. that night, officers responded to a personal robbery in the 2400 block of East Fountain Boulevard. The victim identified two suspects to officers, the release says. According to the El Paso County Sheriff’s Office, officers contacted the suspects, and during the encounter, one of them reached for a firearm. 

Police body camera footage shows Bailey running away from two officers as he and another man are about to be searched. Bailey was shot in the back and elbow. Officers said they found a gun in Bailey's pants.

RELATED: Body camera video of deadly Colorado Springs police shooting released

Following the video's release, the Bailey family's attorney, Darold W. Killmer, said the video showed Bailey was "trying to flee from police" and "did not have a weapon in his hand, and did not show a weapon when he was shot in the back multiple times and killed."

"Police argue they shot him because he was going for [a] gun," Killmer said, adding that the video showed he was trying to get away.

Bailey’s family has also claimed there is a conflict of interest between the El Paso County Sheriff’s Office, CSPD and 4th Judicial District Attorney’s Office.

In late August, Gov. Jared Polis (D-Colorado) called for an independent investigation into the shooting.

RELATED: Polis calls for independent investigation into death of De’Von Bailey; family holds news conference

“Fairness and objectivity are key to ensuring the public trusts the integrity of any investigation,” Polis said as he read a statement. “Given how the events have unfolded surrounding the death of De’Von Bailey -- the public details and video that have been shared and the questions that have been raised by the general public -- I hope that El Paso county takes steps above those legally required to additionally maximize the public trust in the investigation.”  

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