The 4th Judicial District Attorney’s Office announced Friday that it will refer the case of De’Von Bailey, the black teen shot in the back by Colorado Springs police in August, to a grand jury for investigation.

District Attorney Dan May announced his decision via Twitter and said there would be no further comment. It’s the third officer-involved shooting case to be referred to a grand jury this year.

Bailey had been stopped because police said he matched the description of a robbery suspect. When an officer approached to check the teen for weapons, he fled. Video footage of the shooting shows two officers firing at Bailey from behind as he ran. The teen collapsed to the ground and later died from gunshot wounds.

Mari Newman, an attorney representing the Bailey family, called the DA’s decision “too little, too late.”

“The grand jury‘s ability to make a decision is only as good as the information provided to it,” Newman told The Denver Post in a text message. “The investigation by the El Paso County Sheriff’s Department is already infected by the conflicts within that office, and I fully anticipate that the case presentation by a conflicted district attorney will be biased in favor of the police.”

Video of the shooting sparked protests in Colorado Springs, and outrage from groups around the country. The FBI also is reviewing the case.

Police shooting experts have said Colorado law tends to favor police when a fleeing person is suspected of violence. Officers found a gun on Bailey after he was shot.

In Colorado, district attorneys decide whether law enforcement officers violated any criminal laws when they shoot people. However, the DAs can take the cases to grand juries.

Stan Garnett, Boulder County’s former district attorney, said sending a controversial case like this one to a grand jury  is a “very reasonable approach.”

There are several reasons to use a grand jury, Garnett said, including the power to subpoena witnesses and the appearance of impartiality.

“The drawback is that it takes a while,” he said. “They’re slow and somewhat cumbersome.”

The odds of a decision before Thanksgiving is virtually nonexistent, Garnett said.

This year, there have been 48 incidents in which a person has been killed or wounded in an altercation with law enforcement. The Bailey case will be the third this year to go before a grand jury.

A Weld County grand jury cleared a LaSalle police officer in the March shooting death of an off-duty Adams County sheriff’s deputy. But another Weld County grand jury in April indicted Fort Lupton police officer Zachary Helbig on a manslaughter charge for fatally shooting Shawn Billinger.