McClain had been walking home from a convenience store wearing a ski mask when someone called 911 to report a suspicious person. | From the officers perception, it went from an investigatory stop to a potential life-threatening incident, and it certainly raised the officers use of force, Young wrote in a letter to Aurora Police Chief Nick Metz. On September 1, two years after McClain died, a grand jury returned a 32-count indictment charging officers Nathan Woodyard and Randy Roedema, former police officer Jason Rosenblatt, and Aurora Fire and Rescue paramedics Jeremy Cooper and Lieutenant Peter Cichuniec with one count each of manslaughter and one count each of criminally negligent homicide. Due to the level of physical force applied while restraining the subject and his agitated mental state, officers said they then called Aurora First Responders, who administered life-saving measures, according to a local NBC affiliate. But in practice, it is difficult to stop police from openly inviting or tacitly approving ketamine as a type of excessive force. In theory, it shouldn't be, Cato Institute legal scholar James Craven told me. Or perhaps the dosage was too large, as a doctor with knowledge of McClain's medical history could have determined better than paramedics shooting tranquilizer into a handcuffed man already pinned to the street. On Aug. 11, 2020, Mr. McClains family filed a lawsuit against the city of Aurora. Elijah's family said he wore a mask because he suffered from anaemia, which caused him to feel the cold. "There is no evidence that APD officers caused his death. Leave me alone, and Let me go. The ketamine dose McClain received is not stated in the autopsy report, which notes instead that his blood ketamine concentration was at a normal therapeutic level, well below levels seen in ketamine overdose deaths. Things you buy through our links may earn New York a commission. The Aurora Police Department told the Colorado Sentinel that all three officers perform their normal duties in thenortheast corner of the city.The coroner has yet to release an official cause of death in McClains murder, and now his family is planning to file a civil rights lawsuit. A city review found no evidence to justify officers stopping McClain, who was wearing a ski mask because family said he had anemia that caused him to get cold easily. After coming around, the police claimed, he began struggling again though it is difficult to imagine how this behavior could have posed multiple armed officers any threat given that McClain was already handcuffed. Despite the finding, the death of Elijah McClain, a 23-year-old massage therapist, was still listed as undetermined, not a homicide, the report shows. On August 24, 2019, McClain was walking home after buying some tea at a local convenience store. The officers involved in Elijah McClains confrontation and arrest will not face criminal charges, according to a letter released by the 17th Judicial District Attorneys Office Friday evening. The hysterical overreaction to this case has severely damaged the police department," the Aurora Police Association Board of Directors said in a statement. His family said McClain wore the mask because he had anemia that caused him to get cold easily. The APD did not reply to the Cuts request for comment, but a spokesperson intimated to Fox 31 Denver that concern for the officers safety motivated the decision. Adams County District Attorney Dave Young found that Woodyard, Rosenblatt and Roedema should not face criminal charges after an investigation in November 2019, the Denver Post reported. The national attention continued through the summer; at the US Open, tennis player Naomi Osaka wore an Elijah McClain mask. Body Cams Recorded Key Moments In Police Encounter Police body camera video shows an officer. As long as qualified immunity stands, a departmental rule is toothless for redressing wrongs already committed. Under the circumstances of this investigation, it is improbable for the prosecution to prove cause of death beyond a reasonable doubt to a jury. A couple years ago, McClain went to a convenience store wearing a ski mask. If you move again, Im calling in a dog to bite you.. Elijah McClain, 23, an anemic who wore a ski mask to stay warm on a walk to the store, was stopped in Aurora, Colo., by police after a 911 caller described him as "sketchy" By Jeff. The Week is part of Future plc, an international media group and leading digital publisher. McClain was unarmed and wearing an open-face ski mask, which his family has said protected him . Terms. A Change.org petitionfor#JusticeforElijahMcClain has amassed more than 2 million signatures, demanding the police officers involved in his murder are removed from the force. The researchers also determined that declining to wear a mask for some could symbolize their right to exercise their personal liberties as a U.S. citizen as the refusal to wear a mask in public may suggest ones support of reopening the country, getting Americans back to work, and a general sense of misguided patriotism., Even as more Americans are vaccinated, the importance of wearing a mask in public will be no less critical in defeating the coronavirus. The officers stopped McClain, a massage therapist, after a 911 call on Aug. 24 reported him as suspicious because he was wearing a ski mask and flailing his arms. READ NEXT: Suspected Human Scalp With Braids Found at Missouri Campground, Elijah McClain: 5 Fast Facts You Need to Know, Copyright 2023 Heavy, Inc. All rights reserved. Sheneen McClain, Elijah's mother, said the . The best data comes from Minneapolis, where Floyd was killed. His sister later told a local ABC affiliate, Denver7, that McClain was wearing an open-face ski mask because he "had anemia and would sometimes get cold." And although he was unarmed, simply walking home, and, his sister said, listening to music, police claimed that "a struggle ensued." Mr. McClain died days after he was detained by the police in August 2019. Privacy On February 22, the independent investigators released the results of their months-long inquest that had combed body-cam footage, videotaped interviews with the responding officers and their follow-up reports, notes from the scene, the 911 call and the dispatch record, the autopsy report, medical records, and more. He tells them his name, says he has ID but no gun, and pleads that his house is right there. He sobs and vomits and apologizes: I wasnt trying to do that, he says. The woman given ketamine had requested an asthma pump after police sprayed her with mace. As a group of researchers from Jefferson's Department of Family and Community Medicine noted, one of the decisions that factors into mask wearing can be attributed to racism and race relations throughout the country. The report determined that police had no legal reason to stop and frisk McClain that night. But if you watch the video from about the 15-minute mark (warning: It contains violent and upsetting content), youll see someone pick up the body camera and point it toward McClain and one of the officers before dropping it back into the grass. "Weve been standing by the family throughout the case and the pain theyve suffered," Halpern told ABC News. But as the Jefferson researchers, led by Allison R. Casola, PhD, explored in a recent article, the individual decision to wear a mask during COVID-19 is deeply rooted across ones social-ecological network. Rene was named a 2019 AHCJ Comparative Effectiveness Research fellow, a 2020 USC Center for Health Journalism California fellow, and holds a master's degree in journalism from the University of Southern California and a master's degree in psychology from Antioch University Los Angeles. A 911 caller had reported a man who seemed "sketchy." . I thank God that he was my son because just him being born brought life into my world, you know what I mean? she said. However, the audio from the cameras, which has not been publicly released, is clearly audible. . McClain went into cardiac arrest on the way to the hospital and was taken off life support on August 30. Most likely the decedents physical exertion contributed to death. Sign up for The Week's "Today's best articles" newsletter here. His death has come to occupy a central place in Colorados fast-moving debate over police reform. Very little of the officers protocol can be seen, however, because all of their body cams allegedly fell off during the arrest. Consequently, the evidence does not support the prosecution of a homicide.. Elijah McClain died after the Aurora, Colo., police restrained him with a now-banned carotid hold in August. According to Colorado Music, he played music for them because he thought they were lonely and the music would calm them. McClain was unarmed and reportedly wore a ski mask because his anemia sometimes made him feel cold. Mari Newman, the familys attorney, said she intends the lawsuit to hold accountable the Aurora officials, police officers, and paramedics responsible for [McClains] murder, and to force the City of Aurora to change it longstanding pattern of brutal and racist policing.. At that time, it was possible that people in rural communities may not have known anyone with the virus and felt that mask wearing was simply an overreaction.. Like too many other names to mention, he was Black and unarmed. Elijah McClain GoFundMe/Sheneen McClain On August 23, 2019, McClain was walking home just after 10:30 p.m. after buying tea from a local convenience store. He was wearing a ski mask at the time, his family told the affiliate, because. said he felt it was crucial to put together a code of rules regarding the use of the carotid pressure ban to ensure its impact. McClain can be heard saying, I cant breathe, while an officer can be heard telling his colleague to move his camera. When medical responders arrived, after about 15 minutes, paramedics injected him with ketamine, a powerful sedative. Elijah McClain died after a police encounter a year ago . McClains autopsy also raised questions. Police in Aurora, Colo. stopped 23-year-old Elijah McClain because of a report about a suspicious person wearing a ski mask. Demonstrators gathered in Aurora in June 2020 to protest Mr. McClains death. Public health researchers at Jefferson recommend ways to avoid misinformation during the COVID19 pandemic, like seeking out trusted sources, local updates, and cross-checked information, JeffMask, JeffVent Missions Seek to Help Fill Potential PPE and Ventilator Gaps. Following the deaths of unarmed Black men George Floyd and Rayshard Brooks, more than 2 million people signed a petition calling for the officers involved in his case Nathan Woodyard, Jason Rosenblatt and Randy Roedema to be taken off duty and for the incident to be thoroughly investigated. Gov. Black people, men especially, have spoken out about the dangers of wearing any mask as a Black person because it puts them at risk of being labelled "suspicious," increasing the likelihood of a deadly confrontation with police. The male resisted contact, a struggle ensued, and he was . His sister later told a local ABC affiliate, Denver7, that McClain was wearing an open-face ski mask because he had anemia and would sometimes get cold. And although he was unarmed, simply walking home, and, his sister said, listening to music, police claimed that a struggle ensued. One officer accused McClain of reaching for his gun though, as an independent report on the incident would later make clear, Woodyard, Roedema, and Rosenblatt offered conflicting accounts of whose gun McClain had supposedly tried to grab. dangers of wearing any mask as a Black person, police murders of Black people with health conditions or a disability, cleared without repercussions by the police board in February, Sandra Bland, who died in a Texas jail after being arrested for a lane change violation, had epilepsy and depression, Eric Garner, who was killed by New York police officers who put him in a choke hold, had asthma, diabetes and a heart condition, Baltimore residentFreddie Gray, who had a developmental disability, died after a spinal injury caused by a rough ride in a police van, Tanisha Anderson, who lived in Ohio, was having a mental health crisis when police restrained her face down outside her home, which killed her. Further, the lawsuit points to combative police response to peaceful protesters and a string of incidents in which APD officers responded to residents of color with outrageous displays of force. Meanwhile, the paramedics each face one count of second-degree assault with intent to cause bodily injury; second-degree assault for recklessly causing serious bodily injury by means of a deadly weapon (ketamine); and one count of second-degree assault for a purpose other than lawful medical or therapeutic treatment. Six days after he was stopped by police, his family took him off life support, and he died. They said he wore ski masks because he had a blood condition that made him feel cold. But the ketamine element is not familiar. "That was awesome," Sheneen said. The autopsy report said a combination of factors could have killed Mr. McClain. "Of note, in terms of a fatality," the report says, "the dosage administered or ingested is not as important as the resultant concentration of the drug in the blood." ? (@auraambitions) June 22, 2020. Heres What You Need to Know About Elijah McClains Death, https://www.nytimes.com/article/who-was-elijah-mcclain.html. Anyone can read what you share. However, the Aurora City Council also introduced a city ordinance that would codify a ban on the use of chokeholds and carotid control holds by Aurora police, the Sentinel reported. What Injuries Did Elijah Mcclain Have? Like Walter Scott, the police decided he was resisting arrest. McClain, a massage therapist, was wearing a ski mask and typically did so because of a blood condition that made him feel cold, his family has said. Elijah McClain, 23, was choked and sedated in a 2019 encounter with Colorado police officers. Members of minority racial groups, particularly Black and Hispanic men, may be resistant to mandates requiring them to wear a mask in public, given racial stigmas and societal inequities that continue to criminalize them based on their appearances. Please respect my boundaries that I am speaking. Police then put him into a chokehold for 15 minutes. Black people, men especially, have spoken out about the dangers of wearing any mask as a Black person because it puts them at risk of being labelled suspicious, increasing the likelihood of a deadly confrontation with police. who had been reported as suspicious because he was wearing a ski mask as he walked . Jared Polis (D) has directed the state's attorney general to review the case. Martin Savidge spends the day finding out what a chokehold is and why police use it. By submitting your email, you agree to our Terms and Privacy Policy and to receive email correspondence from us. Because he had a blood circulation disorder, he was dressed in a warm suit and wearing a ski mask to shield himself from the cold. The nexus is news at Jefferson, How to Have Difficult Conversations About COVID and Race Relations. The Denver Post reported that city councilmembers were concerned about Daigle conducting the investigation because he is a former Connecticut police officer. After officers restrained him on the ground, he vomited several times, for which he apologized, saying, Im sorry, I wasnt trying to do that, I cant breathe correctly.. Jared Polis appointed a special prosecutor to investigate the case and file charges if "the facts support prosecution.". Body positivity was my salvation from an anti-fat world. That can make it hard to convince people to abide by mask recommendations as a means to protecting others, because my mask protects you from me and your mask protects me from you.. The caller said they didn't believe Elijah was dangerous but a struggle ensued between the aggressive officers and . This is a decision that needs to be clearly made by EMS Personnel, not MPD Officers. ColoradoMusic.OrgMcClain playing the violin at an animal shelter. From the beginning, the 911 caller describes him active very strangely, waving his arms around, and wearing a ski-mask. The coroner felt that Elijah's physical condition could have caused him to die just from mowing the lawn. It is unclear if the officers action contributed as well., As Mari Newman, an attorney for McClains family, said at the time, though, Whatever the report says, its clear that if the police had not attacked Elijah McClain, he would be alive today., The APD placed Woodyard, Rosenblatt, and Roedema on paid administrative leave in the incidents immediate aftermath. University textiles and design experts jump into action to help protect peers on medical side. BRIGHTON, Colo. A group of police officers and paramedics pleaded not guilty Friday to charges stemming from the role they are accused of playing in the death of a 23-year-old Black man . The national attention continued through the summer; at the US Open, tennis player Naomi Osaka wore an Elijah McClain mask. Youngs office, plus hundreds of complaints filed with the police department. The investigators note that racial biases may have influenced authorities perceptions of McClain as being much bigger than he actually was. On June 13, the APD quietly reassigned Woodyard and Rosenblatt to non-enforcement duties, with Roedema following on June 20. Though Mr. McClain had not committed a crime, officers immediately restrained him, telling him to stop resisting when he put his arms up to his chest and to stop tensing up. The footage shows Mr. McClain pleading with the officers to let go of him, and trying to get out of their grip. The actions of the officers at the scene show that they used the procedures that they had been taught to protect Elijah. Password must be at least 8 characters and contain: As part of your account, youll receive occasional updates and offers from New York, which you can opt out of anytime. The male would not stop walking down the street from the officer. He had a heart attack on the way to the hospital and died days later after being declared brain-dead. Ms. McClain said the agreement came with its own pain: Its still blood money because that money has my sons blood on it.. Mask wearing will be around for a while, and we need to keep that message up.. What did they do during that fifteen minutes? Body-cam footage of the arrest does exist, although the ADP did not release it to the public until late November 2019, months after McClains death. Elijah Jovan McClain (February 25, 1996 - August 30, 2019) was a 23-year-old African-American massage therapist from Aurora, Colorado, who died six days after a violent police encounter, during which he was injected with ketamine by paramedics to sedate him. Officers had received a 911 call that someone suspicious wearing a ski mask was waving their arms to music. "These are real humans with loved ones and this issue impacts not only the victim, but those around them in the aftermath.". A Colorado grand jury indicted three police officers and two paramedics involved in the August 2019 death of Elijah McClain, a 23-year-old Black man who was stopped by police while walking home. Terms of Service apply. Would love your thoughts, please comment. The quote continues, One of the officers says, Dont move again. The Aurora Police Department declined to comment on the decision. According to the Sentinel, he often spent his lunch breaks at local animal shelters, putting on concerts for cats and dogs because he believed music would help soothe their anxiety. According to the Sentinel, District Attorney Dave Young informed Aurora police chief Nick Metz in a letter that, Based on the investigation presented and the applicable Colorado law, there is no reasonable likelihood of success of proving any state crimes beyond a reasonable doubt at trial. On August 24, 2019, three Aurora Police officers confronted . Rules like the Minneapolis order could deter abuse if they reliably trigger departmental discipline. But as the researchers note, inconsistencies among state mandates for mask wearing can lead to confusion among the public. However, after public outcry, the City Council ordered an independent review, which was released Monday. Some recipients were enrolled in a study of ketamine use without their consent. 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