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View Full Version : De'Von Bailey Shooting: Video Breakdown



Bailey Guns
08-24-2019, 09:42
First let me say, good riddance, De'Von. You deserved everything you got. And notice how your criminal accomplice (one of those young, black men that cops always shoot for no reason) didn't run, didn't reach for a gun and didn't get shot. Fucking amazing!

Donut does a great job of breaking this one down:


https://youtu.be/G72A5QXlD5A

FoxtArt
08-24-2019, 13:01
First let me say, good riddance, De'Von. You deserved everything you got. And notice how your criminal accomplice (one of those young, black men that cops always shoot for no reason) didn't run, didn't reach for a gun and didn't get shot. Fucking amazing!

Donut does a great job of breaking this one down:


https://youtu.be/G72A5QXlD5A

Dat boy got control-alt-deleted.

....Sorry, that's the inner keyboard commando bleeding through.

Irving
08-24-2019, 13:05
Seemed like a pretty solid break down.

Gman
08-24-2019, 14:51
Drinking game - take a shot for every time the 911 caller says 'like'.

https://media0.giphy.com/media/mcbCGDQxefpfO/source.gif

When the MSM takes sides and doesn't report the truth, then you get this racial strife...as intended.

eddiememphis
08-24-2019, 16:28
The shooting seems within the law. However, I can certainly see it ending up in court. They had the kid's name and new where he lived. His buddy just stood there so it's likely he would have been arrested and surely ratted on the other one.

What would have the runner done had he been able to pull the gun? Or what would he have done had they let him run? No one will ever know. And remember, regardless of the video, the kid is innocent until proven guilty in court.

But black kid and white cops equals a lot of trouble.

encorehunter
08-24-2019, 16:31
The shooting seems within the law. However, I can certainly see it ending up in court. They had the kid's name and new where he lived. His buddy just stood there so it's likely he would have been arrested and surely ratted on the other one.

What would have the runner done had he been able to pull the gun? Or what would he have done had they let him run? No one will ever know. And remember, regardless of the video, the kid is innocent until proven guilty in court.

But black kid and white cops equals a lot of trouble.

If they let him run and 15 minutes later he shot some one with that gun, the police officers would be crucified for letting him run away. Damned if you do, damned if you don't.

eddiememphis
08-24-2019, 17:03
If they let him run and 15 minutes later he shot some one with that gun, the police officers would be crucified for letting him run away. Damned if you do, damned if you don't.

Agreed. An incredibly difficult job. I'm sure the officers will be cleared of charges. A civil jury trial? Who knows.

Anyone hear what happened to the other guy? And where did they get the gun in the first place?

Bailey Guns
08-24-2019, 17:09
No cop in his right mind is gonna let that kid run without at least chasing him. An armed robbery suspect, most likely armed with a gun and he takes off running? They're gonna run him down one way or the other. By reaching into his waistband, he chose "other". He chose poorly.

And, yes, he is innocent until proven guilty in court. But presumption of innocence in no way trumps getting shot during a lawful stop like that. Probable cause and reasonableness are the law of the street. Those CSPD officers had both squarely on their side.

Irving
08-24-2019, 17:30
Is there any issue with both running him down, and therefore both leaving the other guy?

Not a legal issue, but a tactical one. I assume they made Devon as the priority threat pretty quickly.

CS1983
08-24-2019, 17:53
What I found interesting wasn’t the friend looking at him but De’Von’s lips pursing when he said they were going to be checked for guns. His whole face tightened.

FoxtArt
08-24-2019, 18:10
The shooting seems within the law. However, I can certainly see it ending up in court. They had the kid's name and new where he lived. His buddy just stood there so it's likely he would have been arrested and surely ratted on the other one.

What would have the runner done had he been able to pull the gun? Or what would he have done had they let him run? No one will ever know. And remember, regardless of the video, the kid is innocent until proven guilty in court.

But black kid and white cops equals a lot of trouble.


If he can get a gun out of his waistband, he's doing one of two things with it:
1) Tossing it.
OR
2) Wildly shooting behind him as he runs.

Young people are by far and large, stupid in their hasty decision making. If you don't run him down, he's got a high risk of doing something violent as he flees - B&E, GTA, hostage taking, etc.


So, do you wait and see until he starts wildly shooting behind him?
If you have a family and kids, google Derek Geer.

Bailey Guns
08-24-2019, 18:12
Is there any issue with both running him down, and therefore both leaving the other guy?

Not a legal issue, but a tactical one. I assume they made Devon as the priority threat pretty quickly.

Oh, sure. But, if you watch the actual complete video, it seems like there was at least one other officer on scene with others arriving just moments later. As a matter of fact, the Sgt asks an officer that can't be seen on his bodycam video to get a medical kit. So there's at least 3. Then he asks about the other suspect and another officer says, "We got him." Then you get a glimpse of him on the ground at the stop location with an officer standing over him.

BuffCyclist
08-24-2019, 18:44
This is the first time I've heard of this, granted I live on the East coast. The video was a very interesting breakdown, and very thorough. I like that he included the law and other precedents to fully explain the situation.

It seems to me like the officers are completely in the clear, this was a necessary use of force, but we'll see what happens if it goes to trial. I applaud the officers, they had mere seconds to react to all of this and the video shows they did not overreact by any means. There were numerous signs that indicated the suspects were the correct ones that committed the crime. Remember, shoot to stop the threat. They shot until he stopped (i.e. fell over).

I hope the officers are cleared of this as soon as possible so they can get back on the streets to protect.

cstone
08-24-2019, 18:58
Donut does a good job, and he has a decent 70's porn stache, which is sort of surprising since he left the police profession in SC a few years ago to run a skateboard shop and do podcasting/YouTubing. There is money in it if an audience finds you.

Anyone else not surprised when De'Von took off? Too bad he didn't run while keeping his hands in the air while yelling "Hands up, Don't shoot."

BuffCyclist
08-24-2019, 19:01
Too bad he didn't run while keeping his hands in the air while yelling "Hands up, Don't shoot."

Yea, but everyone knows you gotta grab your pistol to immobilize it when you run in gym shorts, otherwise it'll bounce around and shoot yer junk off.

MrAK
08-24-2019, 19:09
Yea, but everyone knows you gotta grab your pistol to immobilize it when you run in gym shorts, otherwise it'll bounce around and shoot yer junk off.

Shoulda worn his track pants that day

Great-Kazoo
08-24-2019, 20:01
The shooting seems within the law. However, I can certainly see it ending up in court. They had the kid's name and new where he lived. His buddy just stood there so it's likely he would have been arrested and surely ratted on the other one.

What would have the runner done had he been able to pull the gun? Or what would he have done had they let him run? No one will ever know. And remember, regardless of the video, the kid is innocent until proven guilty in court.

But black kid and white cops equals a lot of trouble.

Exactly. In court. Until that time all bets are off. There's no Innocent till proven guilty, no Miranda reading, nothing. He / they are suspects. Once (if at all) arrested is where Miranda comes in to play. Everything else follows.

Aloha_Shooter
08-24-2019, 20:24
Thanks for posting this Bailey. Hadn't seen protests about this locally but I stopped following local news when the Gazette Telegraph turned into the DP-lite.

MrPrena
08-24-2019, 20:48
BRO........ It's "Hands Up, Don't Shoot."
Not "Hands reaching for a pocket, Don't shoot."

JohnnyDrama
08-24-2019, 21:01
Thanks for posting, Bailey. I hadn't heard much about this either. It's really too bad all the "journalists" focus on is the last 5-6 we seconds of the video instead of the story leading up to that.

Eric P
08-24-2019, 21:29
19 y/o is NOT a kid... please stop calling these thugs kids. It plays to a different narrative.

How can they be brought to civil court? Governmental immunity, especially if they are cleared and put back in service.

Poll smoker is not helping the cause by calling for an investigation. Quite clear he was going for the gun. No one runs with hand in pocket.

WETWRKS
08-24-2019, 21:47
But but but...the officer should have been able to use the car mirror to shoot the gun out of the criminals hand by skipping the shot off the hubcap via a less lethal tazer shotgun sniper rifle with high capacity belt fed clipazines.


Yep. Justified.

Bailey Guns
08-24-2019, 21:49
The officers don't have immunity for their actions. Criminally or civilly.

Having said that, I'm gonna go out on a pretty sturdy limb and say there's no way a DA will find any wrongdoing. Obviously I'm saying that based strictly on what's been released re: this case.

Regardless of that the family can, and probably will, file a civil suit. Worst case for the family CSPD pays them something just to make it go away and avoid years of civil litigation and the costs that go with it.

FoxtArt
08-24-2019, 22:42
I disagree. If they were found guilty of a crime in a criminal court then they wouldn't have immunity in a civil. But otherwise, qualified immunity may be hard for someone to bypass. That doesn't stop a suit, but it'll stop it getting far.

Gman
08-24-2019, 23:38
The officers already had the report from the robbery victim that the guy that robbed him had pointed the gun at him. If that happened before the officers arrived, how could they be expected to assume that De'Von would not threaten or shoot someone if they let him go to try and pick him up later?

cstone
08-24-2019, 23:50
Exactly. In court. Until that time all bets are off. There's no Innocent till proven guilty, no Miranda reading, nothing. He / they are suspects. Once (if at all) arrested is where Miranda comes in to play. Everything else follows.

Miranda doesn't really come into play until custodial interrogation. Not under arrest, no need to answer. Under arrest, all you have to provide is identifying information; Name, DOB.

I often used a modified version of Miranda, but I normally didn't arrest anyone that I hadn't spent a lot of time building a case against and often after getting an arrest warrant. My version of Miranda went something like: You have the right to remain silent. Please use it. I already have enough to get you in front of a judge and more than likely enough to get you convicted. Unless you have someone much higher on the pecking order that you would like to hand up right now, I doubt you have anything worth me writing down.

Those officers knew they had suspects matching the description in the vicinity of the alleged crime. Given the call, both those guys were going to be patted down for weapons. Once a weapon was found, they would have been held briefly for a show up for another officer to bring the alleged victim to identify or not who had assaulted him. Once identified, they would be booked and given their grey bologna sandwich with a cup of colored water (kool-aid) till they were given a bail hearing. After that, the justice system would have begun it's slow grind. De'Von short circuited the system and played Russian Roulette with a few semi-automatic handguns. Bad odds. De'Von will not be a repeat offender.

Be safe.

Mtneer
08-25-2019, 07:53
Donut didn't mention that Devon was running towards Adams Park where witnesses said children were playing.

KevDen2005
08-25-2019, 08:34
The shooting seems within the law. However, I can certainly see it ending up in court. They had the kid's name and new where he lived. His buddy just stood there so it's likely he would have been arrested and surely ratted on the other one.

What would have the runner done had he been able to pull the gun? Or what would he have done had they let him run? No one will ever know. And remember, regardless of the video, the kid is innocent until proven guilty in court.

But black kid and white cops equals a lot of trouble.

I see the "innocent until proven guilty" thing a lot in these shootings. You're absolutely correct, he's innocent of the robbery until proven guilty, but that doesn't allow for him to provide officer and public safety issues during the time officers are attempting to make an arrest. Officers and citizens aren't required to let an armed person present violent behavior until the trial is over. His guilt or innocence in the robbery has nothing to do with his behavior when officers have a lawful reason to contact a criminal with probable cause and significant reason to believe he's armed and said person fails to follow commands. Things would have been different had he stopped and followed directions...he would have had a jury determine his innocence.

theGinsue
08-25-2019, 08:59
Apparently, no one told De'Von that it's always better to be judged by 12 than to be carried by 6.

He thought he could outrun the cops but failed to realize they could legally outrun him with bullets. I learned the general concepts of the statutes that came into play for those officers in High School American Government classes. Either he failed to pay attention or our education system doesn't teach that any more. Either way, it didn't work out in his favor. It's a shame that I know the next De'Von wannabe won't learn from this and make a better choice. Play stupid games, win stupid prizes and all that.

I honestly believe that, had the 2 suspects been white and not black and the suspects acted exactly the same way it would have played out the same way. I'm so sick of seeing these events turned into a race thing. It isn't race that got him shot/killed - it was criminal behavior.

Bailey Guns
08-25-2019, 09:09
I disagree. If they were found guilty of a crime in a criminal court then they wouldn't have immunity in a civil. But otherwise, qualified immunity may be hard for someone to bypass. That doesn't stop a suit, but it'll stop it getting far.

I'm no lawyer but I don't think qualified immunity applies here. Qualified immunity does not protect an officer who violates a Constitutional or statutory right...which is what they'll allege. They'll say De'Von's Constitutional rights were violated. Qualified immunity sure didn't come into play when I was sued by a kid who claimed I hit him. I had to endure two years of bullshit leading up to a 7 day trial in federal district court listening to lies from the little asshole. $17M on the line. Fortunately the jury saw right thru the lies by this kid and his ambulance-chasing attorney and reached their verdict in a very short time.

Cops get sued for this kind of nonsense all the time.

Gman
08-25-2019, 09:30
I'm no lawyer but I don't think qualified immunity applies here. Qualified immunity does not protect an officer who violates a Constitutional or statutory right...which is what they'll allege. They'll say De'Von's Constitutional rights were violated.
So you're saying we might get Constitutional Carry out of this? [gohome]

Bailey Guns
08-25-2019, 09:34
^^ You bet! I'd start holding my breath now if I were you.

[Coffee]

FoxtArt
08-25-2019, 11:15
Except unlike a motion to dismiss, merely alleging an officer to have violated a constitutional right doesn't overcome qualified immunity. To get past qualified immunity, they have to overcome a "test" of the allegation, and they have to in essence, establish that the officer likely clearly violated a constitutional right or criminal law (of a more serious nature), while outside of the scope and performance of his regular duties as a law enforcement officer. Not putting forth all their evidence e.g. in a trial, but at least be able to point to receivable details, evidence and facts that make it seem likely they can overcome the immunity at trial.

If the city attorneys are even 25% worth their salary, it won't go anywhere.

Bailey Guns
08-25-2019, 11:58
Well, I'd say they have enough evidence to at least get it to trial. A dead body, who prior to becoming dead had nothing in his hands, who prior to becoming dead was running away from police, and who didn't commit any violence against the officers himself. We both know all those claims are easily explained away but I'm guessing that'll be enough to get a 1983 action against the officers and the department into court.

I guess we'll see.

Irving
08-25-2019, 12:11
Donut didn't mention that Devon was running towards Adams Park where witnesses said children were playing.

He probably didn't mention it because it doesn't matter.

00tec
02-08-2022, 14:56
Sounds like the city's insurer wrote a check for this one today

BushMasterBoy
02-08-2022, 15:42
.gov was just ordered to pay $230 million. ex Air Force guy wasn't in the forbidden list

https://news.yahoo.com/judge-orders-u-pay-more-001612568.html

00tec
02-08-2022, 15:45
.gov was just ordered to pay $230 million. ex Air Force guy wasn't in the forbidden list

https://news.yahoo.com/judge-orders-u-pay-more-001612568.html

A bit irrelevant to this thread, and a quite different situation

BushMasterBoy
02-08-2022, 17:38
A bit irrelevant to this thread, and a quite different situation

Still a .gov payout. But hey lets talk taxpayer dollars? Thanks for your critique...

eddiememphis
02-08-2022, 17:43
https://krdo.com/news/top-stories/2022/02/08/colorado-springs-police-settle-lawsuit-in-devon-bailey-case-for-nearly-3-million/

Springs' insurer pays $2.975 million to his family.

buffalobo
02-08-2022, 19:22
Still a .gov payout. But hey lets talk taxpayer dollars? Thanks for your critique...Here's my critique. Stay on topic or start a new thread. You have a bad habit of wandering off topic within a post or two.

hollohas
02-08-2022, 19:54
Wait. The dude that matched the description and location of a suspect reported for armed robbery, who ran from police, who reached down to grab a gun in his shorts and was subsequently shot for that action...

His family got PAID for his criminal behavior????

WTF.

theGinsue
02-08-2022, 21:23
Crime actually does pay - at least for the criminals family.

The world is standing on it's head.

buffalobo
02-08-2022, 21:57
Mrs bo has claimed for many years that it is an actual racket and happens on a regular basis.

BushMasterBoy
02-10-2022, 02:30
Like Jack Ryan says "I'm just following the money".

copfish
02-11-2022, 08:32
Interesting case and quoting from the article…
It is important to note that in the conduct of the civil case, neither the judge who mediated a possible settlement, nor the insurance adjusters assigned to the case suggested at any time that the officers acted unlawfully or contrary to department policy. Rather, the insurance carrier cited the ‘anti-law enforcement climate around the country,’ and much larger settlements in other cases in support of its desire to settle this case. Yes, the city settled, but with the current hatred for police, a crazy $$$ award is not out of possibility. Personally, I’m against any award when officers were exonerated.

BPTactical
02-11-2022, 09:16
This is in charge of Nuclear waste and your worried that a 'hood rat's family got a check from an LE agency?

https://pbs.twimg.com/media/FLRoDBfXoAAcxsl?format=jpg&name=large

copfish
02-11-2022, 09:34
This is in charge of Nuclear waste and your worried that a 'hood rat's family got a check from an LE agency?

https://pbs.twimg.com/media/FLRoDBfXoAAcxsl?format=jpg&name=large
This is why we don’t play with nuclear waste…

FoxtArt
02-11-2022, 09:34
Wtf... this is Colorado Springs. The chance of them seating a jury of 6/6 woke activists is about 0%. You'd have at least 1-4 veteran families that would sit on their thumb and hang the jury if they had to.

copfish
02-11-2022, 09:40
Wtf... this is Colorado Springs. The chance of them seating a jury of 6/6 woke activists is about 0%. You'd have at least 1-4 veteran families that would sit on their thumb and hang the jury if they had to.
Hopefully, but the insurance carrier cut their potential losses. Sad state of affairs. Just encourages the attorneys to sign up criminals to litigate for a settlement for lawful actions by police.

battlemidget
02-11-2022, 10:05
Southern CO ain’t what it used to be.

O2HeN2
02-11-2022, 10:41
Southern CO ain’t what it used to be.
Yhea, I fear El Paso County will flip like a switch to blue in the near future.

O2

BushMasterBoy
02-12-2022, 13:17
If I remember correctly, it got out of control around the officers neighborhood. This is why the payout? Personally, I think it is extortion. Just my opinion. I maybe wrong, I admit.

“GIVE me control of a nation's money supply, and I care not who makes its laws.” So said Mayer Amschel Rothschild, founder of the Rothschild banking dynasty.


https://www.youtube.com/watch?v=cDqBKJaRjdw