Officers, Paramedics Charged in Elijah McClain’s 2019 Death

DENVER (AP) -
A candle with a photo of Elijah McClain burns during a vigil for McClain outside Laugh Factory in Los Angeles, Aug. 24, 2020.  (AP Photo/Jae C. Hong)

Colorado’s attorney general said Wednesday that a grand jury indicted three officers and two paramedics in the death of Elijah McClain, a Black man who was put in a chokehold and injected with a powerful sedative two years ago in suburban Denver.

The 23-year-old’s death gained widespread attention during last year’s protests against racial injustice and police brutality following the killing of George Floyd in Minneapolis.

Attorney General Phil Weiser said Officers Randy Roedema, Nathan Woodyard and Jason Rosenblatt and fire department paramedic Jeremy Cooper and fire Lt. Peter Cichuniec were all charged with manslaughter and criminally negligent homicide. Roedema and Rosenblatt also each face a charge of second-degree assault with intent to cause bodily injury and one count of a crime of violence related to the assault charge. Cooper and Cichuniec also each face three counts of second-degree assault.

The Associated Press has sought comment from lawyers for the defendants, and the Aurora Police Department said it was working on a statement.

“Our goal is to seek justice for Elijah McClain, for his family and his friends,” Weiser said at a brief news conference, which he left without taking questions.

“He was a son, a nephew, a brother, a friend. When he died he was only 23 years old,” Weiser said. “He had his whole life ahead of him. His family and his friends must now go on and live without him.”

Facing pressure during nationwide protests last year, Democratic Gov. Jared Polis ordered Weiser to open a new criminal investigation. A district attorney had said in 2019 that he could not charge the officers because an autopsy could not determine how McClain died.

In January, Weiser announced the grand jury investigation, noting its power to compel testimony and documents that would otherwise be unavailable.

It was one of several investigations prompted at least in part by McClain’s death, including separate reviews of McClain’s arrest commissioned by the city of Aurora and a comprehensive review of the Police Department. The attorney general’s office also is conducting a civil rights investigation into the agency, the first under a new police accountability law in Colorado.

Aurora’s highly critical review did not find any evidence to justify officers stopping McClain as he walked home from the store on Aug. 24, 2019, after a 911 caller had reported a man wearing a ski mask and waving his hands who seemed “sketchy.” His family said McClain wore the mask because he had anemia that caused him to get cold easily.

Police body camera video shows an officer getting out of his car, approaching McClain on the sidewalk and saying, “Stop right there. Stop. Stop … I have a right to stop you because you’re being suspicious.”

In the video, the officer puts his hand on McClain’s shoulder and turns him around and repeats, “Stop tensing up.” As McClain verbally protests, the officer says, “Relax, or I’m going to have to change this situation.” As the other officers join in to restrain McClain, he asks them to let go and says, “You guys started to arrest me, and I was stopping my music to listen.”

What happened next isn’t clear because all of the officers’ body cameras come off as they move McClain to the grass, but the officers and McClain can still be heard. An officer says McClain grabbed one of their guns. McClain can be heard trying to explain himself and sometimes crying out or sobbing. He says he can’t breathe and was just on his way home.

One officer eventually retrieves his camera, which shows McClain handcuffed, laying on his side and periodically vomiting as another officer leans on him. An officer who arrived later threatened to get his police dog to bite McClain.

Paramedics arrived and injected the 140-pound (63.5-kilogram) McClain with 500 milligrams of ketamine — more than 1½ times the dose for his weight. The fire department is allowed to use the drug to sedate combative or aggressive people, but there’s a lack of police training, conflicting medical standards and nonexistent protocols that have resulted in hospitalizations and even deaths when it’s used during police encounters.

Within five minutes, according to a federal lawsuit from McClain’s family, he stopped breathing. He died six days later.

The attorney general’s announcement comes after three Aurora officers, including one involved in the encounter with McClain, were fired and one resigned last year over photos mimicking the chokehold used on the 23-year-old.