COLORADO SPRINGS, Colo. — The City of Colorado Springs announced Tuesday that it agreed to settle a civil lawsuit related to the fatal shooting of De'Von Bailey by officers in August 2019 for nearly $3 million.
In a release, the city said while they "financially settled" the civil case brought by Bailey's family, they "unequivocally" maintain that it's not in any way an admission or indication of wrongdoing by the officers
Instead the city said the $2.975 million settlement resulted from a decision made to "mitigate financial risk to the City and taxpayers."
Bailey, 19, was fatally shot on Aug. 3, 2019 during an encounter with officers shortly after they were dispatched to a report of a personal robbery.
“Nothing in this nightmare could ever make what happened to my son ok or justifiable. There is no amount of money that will bring him back," said De'Von's father Greg Bailey. "He was running away, and they shot him in the back like an animal. I miss De’Von every day."
>The video above is from November 2019 when a Grand Jury found the officers were justified in the shooting.
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 in Colorado Springs. The victim identified two suspects to officers, the release said. According to the EPCSO, officers contacted the suspects, and during the encounter, one of them reached for a firearm.
The lawsuit, which was filed in U.S. District Court in June 2020, alleges that the Colorado Springs Police Department (CSPD) violated Bailey’s Fourth and Fourteenth Amendment rights when he was killed.
Bailey’s family alleged in the lawsuit that the supposed victim had been in a disagreement with the 19-year-old and his friend earlier in the day, and had set them up for an encounter with police.
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.
Following the release of body camera video, 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."
The investigation into the shooting was referred to a Grand Jury which found that Sgt. Alan Van’t Land and Officer Blake Evenson were legally justified.
As part of the settlement, the CSPD has agreed to additional non-monetary components, including officer training on Senate Bill 217, providing annual anti-bias training, actively maintaining an early intervention program, retaining officers' records, and participating in a United Way Give campaign.
“My heart is broken at the loss of my son, but I am hopeful that the changes in the Colorado Springs Police Department will prevent another family from losing a child," said Delisha Searcy, De'Von's mother.
The policy and training requirements were already in place prior to the settlement and are part of the department’s policies and practices, the city said.
The city will pay $1 million of the $2.975 million settlement and the rest will be covered by insurance.
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