Nearly $3 million settlement in Colorado Springs police shooting death of De'Von Bailey

The city of Colorado Springs, Colorado, will pay nearly $3 million to the family of De'Von Bailey, a 19-year-old Black man who was shot and killed by police in 2019.

Colorado Springs Police Department body camera footage revealed Bailey was running from two officers who were questioning him and another man about a reported robbery before being shot three times in the back and once in the back of his arm. An officer could be heard yelling “Hands up!” three times before firing. 

Police Sgt. Alan Van’t Land and Officer Blake Evenson said they feared Bailey may have been reaching for a gun as he ran. Body-cam footage released by investigators showed officers removing a pistol from Bailey’s pocket after he was shot and was on the ground in handcuffs.

The bullets that hit Bailey, perforated his heart, left lung and diaphragm, in addition to penetrating his spleen, triggering massive blood loss that lead to his death, according to the coroner's report.

Bailey's death spurred protests against the use of excessive force by police and helped lead to several police accountability laws in Colorado. 

His family filed a federal civil rights lawsuit in June 2020 over his death. The Colorado Springs City Council approved a settlement for the lawsuit Tuesday, agreeing to pay almost $3 million to the family.

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“Nothing in this nightmare could ever make what happened to my son ok or justifiable," said Greg Bailey, De'Von Bailey's father, in a statement. "There is no amount of money that will bring him back. He was running away, and they shot him in the back like an animal. I miss De’Von every day."

Colorado Springs also announced changes in police training and policy alongside the settlement.

Some of the changes include anti-bias training and maintenance of an early intervention program for employees, with a focus on officers who have recent internal affairs investigations or use of force.

Darold Killmer, an attorney for the Bailey family, said in a statement the settlement achieves a "measure of justice" for De'Von's killing, but that Colorado Springs has a long history of police brutality. 

"The city still has a long way to go in protecting the civil rights of its residents,” Killmer said. 

A state grand jury, the FBI and the U.S. Attorney’s Office reviewed the August 2019 shooting but declined to file charges against the officers. Both still work for the city police department, Lt. Jim Sokolik told The Colorado Springs Gazette.

Colorado Springs Mayor John Suthers said that the settlement of the lawsuit filed against the city and the officers was in taxpayers’ best interest and avoided a costly jury trial. 

In another statement, the city police department said that “we want to state unequivocally that this settlement is not, in any way, an admission or indication of wrongdoing by these officers. Rather, it was a decision made to mitigate financial risk to the City and taxpayers.”

The Colorado Springs City Council approved the settlement in a 7-2 vote and Councilman Dave Donelson said before voting against it that the settlement would be “disheartening and demoralizing” for law enforcement and citizens.

Councilman Wayne Williams, among those who approved it, said the deal was made with the support of police officers.

Contributing: The Associated Press