DENVER — The situation officers found themselves in moments before a police shooting in Colorado Springs is one of the most dangerous situations an officer might face, according to a police trainer and expert on use of force.
Ed Obayashi is the deputy sheriff and legal advisor for the Plumas County Sheriff’s Office in California, as well as the official Use of Force training advisor for California Police Training Managers. He also serves as an expert witness on the topic.
He reviewed the shooting of De’Von Bailey, a 19-year-old armed robbery suspect who was shot and killed by Colorado Springs Police officers on Aug. 4. Body camera released by the police department shows officers shot Bailey as he was running away from them.
An autopsy later revealed he was shot in the back three times.
WARNING: The raw video below is extremely graphic and may be disturbing for some viewers.
“Being shot in the back is not, per se, improper under the law or by policy,” Obayashi said. “I’ve seen too many incidents, reviewed too many incidents where officers are shot at in these exact same situations where individuals just whip out the handgun and points it in back and just starts spraying bullets everywhere.”
Obayashi pointed to three parts of the video that he believes aren't getting much focus.
THE APPROACH
"The primary officer, the contact officer, initially is exercising a more -- what today is fashionably called a 'de-escalated approach.'"
As they responded to an armed robbery call and saw two men who fit the descriptions of the suspects, the officers could have responded weapons drawn. They chose not to.
HANDS OUT OF POCKETS
Police told Bailey to keep his hands out of his pockets. Bailey responds by keeping his eyes on the officers approaching from behind. When one gets closer, he runs and then looks back at the officer.
"No doubt the [district attorney] and the investigators are analyzing this video frame-by-frame, slow motion, et cetera, but you clearly see Mr. Bailey looks over his right shoulder," Obayashi said.
BAILEY'S HANDS
Video shows Bailey's right hand move toward his waistband. That's when officers begin shooting.
"The courts have recognized there is no time for an officer to think in these situations. They have to rely on what they are perceiving," Obayashi said.
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Last week the El Paso County Sheriff handed off the investigation to the El Paso County DA. The DA said the investigation could take three or four months before reaching a decision as to whether or not this shooting was justified.
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