Statement of U.S. Attorney's Office and FBI Denver Regarding 2019 Colorado Springs Officer Involved Shooting

DENVER -- The Federal Bureau of Investigation is charged with reviewing shootings by police officers to determine if there is evidence of federal criminal civil rights violations in connection with such shootings.  Officer-involved shootings constitute federal criminal civil rights violations only when officers willfully deprive people of their constitutional rights to be free from unreasonable seizures or the application of unreasonable force.

Consistent with its charge, the FBI’s Denver Field Office reviewed the facts and circumstances surrounding the shooting of Devon Bailey on August 3, 2019.  Following the FBI’s review, the U.S. Attorney’s Office also reviewed those facts and circumstances to make a prosecution determination.  Both offices concluded that the fatal shooting of Mr. Bailey, although undoubtedly devastating to his family, friends, and community, did not result from any willful violation of Mr. Bailey’s constitutional rights.  Therefore, the U.S. Attorney’s Office will not pursue criminal charges.  The FBI and the U.S. Attorney’s Office have notified Mr. Bailey’s family of their conclusion and are arranging a private meeting with them.