Colorado Springs Police officers shot and killed a black 19-year-old are not charged, judging a large jury on Wednesday. The use of deadly force in the death of De'Bailey, who had protested against another case of police brutality by white officials against a black teenager, was found to be justified.
On August 3, two officers shot and killed Bailey after questioning him and another man on the street and questioning them about a suspected armed robbery. Body cam shots showed Bailey running away from the officers during the stoppage and Bailey shooting three times in the back. He died later in hospital. Immediately after the shootings, officers found a gun in his pants, though lawyers from Bailey's family claimed the footage showed he was not a threat to the officers.
According to District Attorney Dan May, the grand jury found that Bailey's escape justified the shooting of officers, citing state police lawsuits that were used to shoot fleeing suspects. These statues are controversial, however, as they conflict with a US Supreme Court decision declaring such shootings unconstitutional.
In October, May announced that a large jury will investigate whether the officials who shot Bailey should be charged. Prior to the grand jury, Bailey's death was investigated by the Sheriff's Office of El Paso County and then by the district attorney's office for review. However, Bailey's family has long demanded an independent investigation into the teen's death, arguing that the law enforcement agencies are too close to each other. Jared Polis, governor of Colorado, and other elected officials repeated these calls.
"Our nation faces difficult challenges in terms of race and how we interact," Polis said at a news conference. "At that moment, it's more important for our law enforcement agencies to go beyond that to maintain public trust."
The grand jury's decision was a "no true bill" dismissing the defendants as grand The jury finds insufficient evidence to prosecute them, according to Colorado Springs Chief of Police Vince Niski on CNN.
"This is the exact result the trial should deliver," said Mari Newman, a Bailey family lawyer, to Vox on Thursday. "If a biased prosecutor submits a corrupt investigation, a large jury can only decide in one direction. That's why we have been calling for an independent investigation and prosecution from the beginning.
Body cam shots of police cocks outraged the community.
The demand for justice became louder after the publication of the graphic. Cam shots of Bailey's death.
In August, 1
In the same-day body-cam material, an officer gets out of his car and arrests two men to ask them about a possible attack. Bailey seems to take a water bottle out of his pocket, then the policeman asks him to pull his hands out of his pocket. The officer then asks her name and asks her to put her hands up. He said that they had a report on two people with similar descriptions who had a gun on them and that the officers would search them for a weapon.
When a second officer arrives behind Bailey, Bailey runs away from the officers. They run after him and ask him to put his hands up before shooting him in the back several times. Bailey falls to the ground. After the police put on Bailey cuffs and requested medical help, the police find a gun in his shorts and cut off his shorts.
Following Bailey's death, protesters in Colorado Springs were killed to expose gun violence and police brutality, and the police were criticized for putting the officers who shot Bailey back into active service. In a protest two days after Bailey's death, two white men were arrested after approaching demonstrators and pulling their weapons. In September, protesters interrupted the speech of Mayor of Colorado Springs, John Suthers, in the speech of "Justice for De & # 39; Von". They were pushed out of the banquet hall and later removed from the room by the police.
Colorado's "Escape Offender" statute runs counter to a Supreme Court ruling
Despite the arguments of Bailey's family lawyers that the teenager did not pose a threat to officials when he fled, Colorado law often protects the police, the fleeing suspect shoots. according to the Denver Post. The statue itself is often referred to as "fleeing criminals," although Bailey was only a suspect.
"If the officer has a reasonable belief that the person has used a deadly weapon in a crime and is still armed, he can use deadly force to prevent that person from being a fleeing criminal with this deadly weapon," May said , the district attorney, Buzzfeed News said.
The Colorado Act supports this by claiming that police officers can use lethal force when they "reasonably believe it is necessary" to protect themselves or another person from impending harm. In particular, Colorado police officers may use deadly force to "arrest a person or prevent them from escaping from custody, which they believe has … committed or attempted an offense involving the use or threatened use of a criminal offense includes deadly weapon. While advocates of the bill argue that the law prevents "fleeing criminals" from escaping and possibly further jeopardizing their community, the Post points out that a case of the US Supreme Court dated from the year. In 1985 already the general shootout was intended to be unconstitutional of the fleeing suspect.In Tennessee v. Garner the court ruled that the prosecution violates the constitutional rights of a person in shooting a fleeing suspect who does not pose an immediate threat
According to the August Post Office report, the Supreme Court's ruling by lawyers representing Bailey's family was cited as potentially applicable to Bailey's case, according to Nancy Leong, a professor at the University of Denver's Sturm College of Law However, it was difficult to apply the decision to Bailey's case Write an e-mail at this time. "It's pretty rare that officials are sentenced under this law."
Newman informed the post office that Bailey's family intended to conduct civil litigation.