Two Colorado Springs police officers who fatally shot 19-year-old De'Von Bailey in the back as he fled an arrest in August did not violate federal law, authorities said Friday.
The U.S. Attorney's Office and the Denver field office of the FBI will not pursue charges against officers Alan Van’t Land and Blake Evenson.
"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," the agencies said in a joint statement.
The Bailey family's attorney, Danny Kay, said he was notified of the decision earlier Friday.
"They never contacted me about a review, or any of my clients, so I don’t know what review they looked at," Kay said.
The news comes four months after an El Paso County grand jury also cleared Van't Land and Evenson of criminal wrongdoing. The panel ruled the shooting was justified.
Bailey was shot repeatedly in the back when he turned and ran while being questioned about a reported armed robbery. He and his cousin, Lawrence Stoker, were stopped near a school on Aug. 3 in a neighborhood southeast of Memorial Park.
The officers said they shot him because they feared Bailey, who was later found to have a pistol in the pocket of his shorts, was reaching for a weapon as he ran.
Police body-camera footage showed officers approach Bailey and Stoker, and question them about the reported robbery. When one of the officers approached Bailey to search for a gun, he dropped his arms, turned and ran away, the video showed.
On the video, both officers can be heard ordering Bailey to put up his hands before they fired.
The shooting led to weeks of marches and protests by his family and community activists who accused police of racism and excessive force.
Stoker was acquitted of attempted robbery charges by an El Paso County jury a week after the grand jury concluded its review.
Kay, who represents the Bailey family along with Denver attorney David Lane, said he wasn't surprised by the U.S. Attorney's Office's determination.
"We totally expected this," Kay said. "They're circling the wagons."
Kay said the family intends to file a federal lawsuit alleging civil rights violations "within the next several weeks."