De’Von Bailey shooting investigation referred to grand jury

Crime
De'Von Bailey / Photo courtesy Killmer, Lane & Newman, LLP

De’Von Bailey / Photo courtesy Killmer, Lane & Newman, LLP

COLORADO SPRINGS, Colo. — An investigation into the fatal shooting of De’Von Bailey by Colorado Springs police will be referred to a grand jury, according to the Fourth Judicial District Attorney’s Office.

The initial investigation into the August 3 shooting was conducted by the El Paso County Sheriff’s Office. The sheriff’s office then turned its findings over to the district attorney’s office, who announced the decision Friday afternoon.

The move comes after Bailey’s family called for an independent special prosecutor to investigate the 19-year-old’s death. Colorado Gov. Jared Polis also called for an independent review of the shooting.

Attorney Darold Killmer, who represents the Bailey family, issued the following statement in response to the news:

Unfortunately, the decision to have the local DA’s office present the case to the grand jury at this point is too little too late. The grand jury‘s ability to make a decision only as good as the information is provided to it. The investigation by the El Paso County Sheriffs Department is already infected by the conflicts within that office, and within DA Dan May’s office, and I fully anticipate that the case presentation by a conflicted local district attorney will be biased in favor of the local police.

Our concern is that the local prosecutors are too reliant on local police to make an independent presentation to the Grand Jury. They will likely present the matter in a way to cause charges to not be filed. The Grand Jury should be led by an INDEPENDENT Prosecutor. We’ve always believed it should be presented by the Colorado Attorney General’s office or even a prosecutor from another jurisdiction that has no relation or ties to the 4th Judicial District or Colorado Springs DA Dan May, who has deep conflicts of interest in the matter. The local police are simply too close to the local prosecutors to give confidence that the presentation to the Grand Jury will be truly impartial.

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