A look at the legal changes since the 2019 killing of De’Von Bailey
COLORADO SPRINGS, Colo. (KRDO) -- The killing of 19-year-old De'Von Bailey came years before Governor Jared Polis signed Senate Bill 217, the Enhance Law Enforcement Integrity bill. Had SB20-217 been law during the 2019 shooting, officers would have had to use different techniques before deploying deadly force against Bailey.
Known as the "fleeing felon law," officers can't use deadly force to apprehend a person suspected of a minor offense and they are required to use non-violent tactics before resorting to deadly force.
On that day in August 2019, officer body-cam footage shows a Colorado Springs Police Sergeant approaching two men while investigating an armed robbery before asking them to put their hands up to be searched for firearms. Bailey runs away, and officers are heard yelling "Hands up! Hands up!" before shooting Bailey seven times in the back, according to video footage released by CSPD.
As he bled on the ground, police did find a handgun.
While the 4th Judicial District Grand Jury and the Federal Bureau of Investigation cleared the officers involved of any wrongdoing, Bailey's death led to protests and change on the legislative level.
Legislators say SB20-217 was partly in response to Bailey's shooting. During the bill was signed into law in June of 2020, Bailey's parents were in attendance.
Friends of Bailey's who support the law hope it will prevent future tragedies from happening.
"It's a first step in the right direction, in holding our police accountable," said Charles Johnson, a friend of Bailey's.
Tuesday, the city agreed to settle a lawsuit brought against the City of Colorado Springs and the Colorado Springs Police Department.
A lawyer for Bailey's family suggested the $2.975M settlement from the City of Colorado Springs was perhaps an admission that officers were in the wrong to some degree.
Colorado Springs Mayor John Suthers, however, said he's confident the officers did nothing wrong and said he was not a fan of the new legislation.
"The reason why that was the law is because it then doesn't put the officer in a position of being a victim of a predatory attack," said Suthers.
Suthers also said he was "frustrated" with the settlement, saying it sends "a message that you are not standing by your officers."
Regardless, the attorney representing Bailey's family said they are devastated and said the settlement isn't a "fair trade." However, the family is happy that some measure of justice and accountability is taking place.
According to the city, taxpayers aren't subject to the additional legal costs stemming from the civil lawsuit against the city and the CSPD.
