Elijah McClain
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Elijah Jovan McClain (February 25, 1996 – August 30, 2019) was a 23-year-old
black Black is a color that results from the absence or complete absorption of visible light. It is an achromatic color, without chroma, like white and grey. It is often used symbolically or figuratively to represent darkness.Eva Heller, ''P ...
American man from
Aurora, Colorado Aurora (, ) is a List of municipalities in Colorado#Home rule municipality, home rule city located in Arapahoe County, Colorado, Arapahoe, Adams County, Colorado, Adams, and Douglas County, Colorado, Douglas List of counties in Colorado, counti ...
, who was killed as a result of being illegally injected with 500 mg of
ketamine Ketamine is a cyclohexanone-derived general anesthetic and NMDA receptor antagonist with analgesic and hallucinogenic properties, used medically for anesthesia, depression, and pain management. Ketamine exists as its S- (esketamine) a ...
by paramedics after being forcibly detained by police officers. He went into
cardiac arrest Cardiac arrest (also known as sudden cardiac arrest CA is when the heart suddenly and unexpectedly stops beating. When the heart stops beating, blood cannot properly Circulatory system, circulate around the body and the blood flow to the ...
and died six days later in the hospital. He had been walking home from a convenience store. Three police officers and two paramedics were charged with his death. Both paramedics and one of the officers were convicted of negligent homicide. The other two officers were acquitted of all charges. On August 24, 2019, three Aurora Police officers confronted McClain after responding to a call by an Aurora civilian about an unarmed person wearing a ski mask that looked "sketchy". The three police officers who were involved in the incident (Nathan Woodyard, Jason Rosenblatt, and Randy Roedema) all said that their
body camera A body camera, bodycam, body-worn video (BWV), body-worn camera, or wearable camera is a wearable audio, video, or photographic recording system. Body cameras have a range of uses and designs, of which the best-known use is as a police bod ...
s were knocked off during a struggle with McClain. McClain was forcibly held to the ground with his hands cuffed behind his back, after which Woodyard twice applied a
choke hold A chokehold, choke, stranglehold or, in Judo, shime-waza () is a general term for a grappling hold that critically reduces or prevents either air (choking)''The New Oxford Dictionary of English'' (1999). Oxford University press. . or blood (str ...
. Upon arrival paramedics Jeremy Cooper and Peter Cichuniec administered
ketamine Ketamine is a cyclohexanone-derived general anesthetic and NMDA receptor antagonist with analgesic and hallucinogenic properties, used medically for anesthesia, depression, and pain management. Ketamine exists as its S- (esketamine) a ...
, later determined to be in excess of a therapeutic dosage, to McClain to sedate him. While on scene McClain went into
cardiac arrest Cardiac arrest (also known as sudden cardiac arrest CA is when the heart suddenly and unexpectedly stops beating. When the heart stops beating, blood cannot properly Circulatory system, circulate around the body and the blood flow to the ...
. Three days after arriving at the hospital, he was declared brain dead, and was removed from
life support Life support comprises the treatments and techniques performed in an emergency in order to support life after the failure of one or more vital organs. Healthcare providers and emergency medical technicians are generally certified to perform bas ...
on August 30. McClain's initial
autopsy An autopsy (also referred to as post-mortem examination, obduction, necropsy, or autopsia cadaverum) is a surgical procedure that consists of a thorough examination of a corpse by dissection to determine the cause, mode, and manner of deat ...
was inconclusive and the cause of death was listed as undetermined. Aurora Police officers met with the coroner before his announcement, and police investigators were also present during the autopsy. As a result of a lawsuit by several news agencies, an amended autopsy report was released in September 2022 that listed the cause of death as "complications of ketamine administration following forcible restraint". On June 24, 2020, after massive protests in Denver and Aurora and lawmakers' requests for a new, third-party investigation into McClain's death,
Colorado Governor The governor of Colorado is the head of government of the U.S. state of Colorado. The governor is the head of the executive branch of Colorado's state government and is charged with enforcing state laws. The governor has the power to either appr ...
Jared Polis Jared Schutz Polis ( ; ; born May 12, 1975) is an American politician and businessman serving as the 43rd governor of Colorado since 2019. He served one term on the Colorado State Board of Education from 2001 to 2007, and five terms as the Unite ...
announced his administration would reexamine the case. Five days later, photos were discovered that were taken in October 2019 at the site where McClain was assaulted and killed. The photos showed officers posing inappropriately and reenacting the carotid restraint used on McClain. One officer, Jaron Jones, resigned and three (Erica Marrero, Kyle Dittrich, and Jason Rosenblatt) were fired. In February 2021, an investigative report ordered by the City Council was released. The report said that the police officers involved in McClain's death did not have the legal basis to stop, restrain, or frisk him. The report questioned the police officers' statements, criticized the medical responders' decision to inject McClain with a sedative, and admonished the police department for failing to perform a serious questioning of the officers following McClain's death. In September 2021, the three police officers (Woodyard, Rosenblatt, and Roedema) and two paramedics (Cooper and Cichuniec) were arrested and charged through a Colorado grand jury with
manslaughter Manslaughter is a common law legal term for homicide considered by law as less culpable than murder. The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker Draco in the 7th ce ...
and other lesser charges for the death of Elijah McClain. Nathan Woodyard was tried on October 17, 2023, and was found not guilty on November 6. Rosenblatt was acquitted of all charges against him, including reckless manslaughter and assault. On October 12, 2023, Roedema was found guilty on charges of criminally
negligent homicide Negligent homicide is a criminal charge brought against a person who, through criminal negligence, allows another person to die. Other times, an intentional killing may be negotiated down to this lesser charge as a compromised resolution of a mur ...
and
assault In the terminology of law, an assault is the act of causing physical harm or consent, unwanted physical contact to another person, or, in some legal definitions, the threat or attempt to do so. It is both a crime and a tort and, therefore, may ...
. He was sentenced on January 5, 2024 by District Judge Mark Warner to 14 months at the Adams County Jail in
Brighton Brighton ( ) is a seaside resort in the city status in the United Kingdom, city of Brighton and Hove, East Sussex, England, south of London. Archaeological evidence of settlement in the area dates back to the Bronze Age Britain, Bronze Age, R ...
,
Colorado Colorado is a U.S. state, state in the Western United States. It is one of the Mountain states, sharing the Four Corners region with Arizona, New Mexico, and Utah. It is also bordered by Wyoming to the north, Nebraska to the northeast, Kansas ...
, with possibility of work-release, plus 200 hours community service. The trial of paramedics Jeremy Cooper and Peter Cichuniec began on November 29, 2023. On December 22, the two paramedics involved in McClain's death were found guilty of
negligent homicide Negligent homicide is a criminal charge brought against a person who, through criminal negligence, allows another person to die. Other times, an intentional killing may be negotiated down to this lesser charge as a compromised resolution of a mur ...
by a Colorado jury, which found that Peter Cichuniec's unlawful administration of drugs to McClain was a key factor in causing his death. On March 1, 2024, Cichuniec was given the
mandatory minimum Mandatory sentencing requires that people convicted of certain crimes serve a predefined term of imprisonment, removing the discretion of judges to take issues such as extenuating circumstances and a person's likelihood of rehabilitation into co ...
sentence of five years in prison, and on April 26, Cooper was sentenced to four years of
probation Probation in criminal law is a period of supervision over an offence (law), offender, ordered by the court often in lieu of incarceration. In some jurisdictions, the term ''probation'' applies only to community sentences (alternatives to incar ...
. On September 14, Cichuniec's sentence was reduced to four years probation.


Background

At the time of his death, Elijah McClain had been a
massage therapist Massage is the rubbing or kneading of the body's soft tissues. Massage techniques are commonly applied with hands, fingers, elbows, knees, forearms, feet, or a device. The purpose of massage is generally for the treatment of body stress or pa ...
for about four years. He shared an apartment with his cousin close to the site where he was taken into police custody and subsequently died. He had never been arrested or charged with a crime. Friends and family described him as a "spiritual seeker, pacifist, oddball,
vegetarian Vegetarianism is the practice of abstaining from the Eating, consumption of meat (red meat, poultry, seafood, insects as food, insects, and the flesh of any other animal). It may also include abstaining from eating all by-products of animal slau ...
, athlete, and peacemaker who was exceedingly gentle." McClain's mother, Sheneen, moved her family of six from Denver to Aurora to avoid gang violence. She said Elijah was home-schooled and she could see at an early age that he was "intellectually gifted, but fiercely independent". While still a teenager, he taught himself to play violin and guitar. During lunch breaks, he played his instruments at animal shelters to soothe the abandoned animals. Friends said that his gentleness with animals extended to humans as well. One of his clients recalled him as "the sweetest, purest person I have ever met. He was definitely a light in a whole lot of darkness". An acquaintance said, "I don't even think he would set a mousetrap if there was a rodent problem." Despite widespread speculation, McClain was never formally diagnosed as being on the
autism spectrum Autism, also known as autism spectrum disorder (ASD), is a neurodevelopmental disorder characterized by differences or difficulties in social communication and interaction, a preference for predictability and routine, sensory processing d ...
, according to his family. However, autistic Black people and their families have sometimes said that they identify with him.


Killing

On the evening of August 24, 2019, an Aurora civilian called
9-1-1 911, sometimes written , is an emergency telephone number for Argentina, Canada, the Dominican Republic, Fiji, Jordan, Mexico, Pakistan, Maldives, Palau, Panama, Iraq, the Philippines, Sint Maarten, the United States, and Uruguay, as well as ...
reporting a male around Billings Street and Evergreen Avenue walking south on Billings Street wearing a ski mask and flailing his arms. The caller affirmed during the call that he did not believe the person was armed and that he did not believe that anyone was in immediate danger. Friends of McClain interviewed after the incident speculated that this arm-flailing was most likely just dancing, as he is believed to have been listening to music at the time of the call. McClain was dressed warmly and was wearing a ski mask because he had a blood circulation disorder that caused him to chill easily. According to the police report, McClain resisted when confronted by the responding police officers, and Officers Woodyard and Rosenblatt heard Officer Roedema shout "He is going for your gun!" An attorney representing McClain's family said the officers involved slammed McClain into a wall immediately after apprehending him. Roedema said that McClain "reached for and grabbed the grip of Rosenblatt's gun that was holstered". There are conflicting accounts about the officer's report that McClain had tried to grab his gun. Later accounts offered differing reports on whose gun McClain had tried to grab. There was no visual body-camera footage of McClain's alleged reach for the gun, which the officers explained by stating that all of their cameras had fallen off. However, a news source states, "But if you watch the video from about the 15-minute mark (warning: It contains violent and upsetting content), you'll see someone pick up the body camera and point it toward McClain and one of the officers before dropping it back into the grass. Around 15:34, one of the officers seems to say, 'Leave your camera there.'" The three police officers held McClain on the ground for 15 minutes. McClain was clearly in distress while restrained, sobbing and repeatedly saying "
I can't breathe "I can't breathe" is a slogan of the Black Lives Matter movement in the United States. The phrase originates from the last words of Eric Garner, who was killed in 2014 after being put in a chokehold by a New York City police officer. A number ...
". He vomited several times, for which he apologized, saying: "I'm sorry. I wasn't trying to do that, I can't breathe correctly." While McClain's arms were handcuffed behind his back, Woodyard applied a carotid control hold, which intentionally cuts off blood flow to the brain by compressing the
carotid arteries In anatomy, the left and right common carotid arteries (carotids) () are arteries that supply the head and neck with oxygenated blood; they divide in the neck to form the external and internal carotid arteries. Structure The common carotid ...
in the neck, rendering McClain briefly unconscious. One officer threatened to have his police dog bite McClain as he lay handcuffed and pinned to the ground. After McClain was restrained, more officers arrived and audio of the conversation records them saying that McClain was "acting crazy", that he was "definitely on something", and that he had attacked them with "incredible, crazy strength" when they tried to restrain him. They also said that, at one point, three officers were on top of McClain, who was tall and weighed . Paramedics injected him with 500 mg of
ketamine Ketamine is a cyclohexanone-derived general anesthetic and NMDA receptor antagonist with analgesic and hallucinogenic properties, used medically for anesthesia, depression, and pain management. Ketamine exists as its S- (esketamine) a ...
—whereas local protocols stipulate a dose of about 320 mg to 350 mg for an individual of his weight—as a sedative for
excited delirium Excited delirium (ExDS), also known as agitated delirium (AgDS) or hyperactive delirium syndrome with severe agitation, is a widely rejected pseudoscientific diagnosis characterized as a potentially fatal state of extreme agitation and delirium ...
. McClain was then transferred to the ambulance. The medic who had administered ketamine noticed McClain's chest "was not rising on its own, and he did not have a pulse." He was pronounced
brain dead Brain death is the permanent, irreversible, and complete loss of brain function, which may include cessation of involuntary activity (e.g., breathing) necessary to sustain life. It differs from persistent vegetative state, in which the person i ...
on August 27 and died three days later, on August 30, 2019. The
body cameras A body camera, bodycam, body-worn video (BWV), body-worn camera, or wearable camera is a wearable technology, wearable audio, video, or photographic recording system. Body cameras have a range of uses and designs, of which the best-known us ...
came detached from the police officer's uniforms during the encounter, but the audio can still be heard. During the recording, when one of the body cameras was still attached to an officer, another officer can be heard telling him to move his camera. The attorney representing McClain's family accused the officers of deliberately removing their body cameras to support a false allegation that McClain reached for a gun, though evidence for this wasn't found during the subsequent investigation.


Last words

According to body cam audio, these were McClain's last words as he was restrained by police officers:
I can't breathe. I have my ID right here. My name is Elijah McClain. That's my house. I was just going home. I'm an
introvert Extraversion and introversion are a central trait dimension in human personality theory. The terms were introduced into psychology by Carl Jung, though both the popular understanding and current psychological usage are not the same as Jung's o ...
. I'm just different. That's all. I'm so sorry. I have no gun. I don't do that stuff. I don't do any fighting. Why are you attacking me? I don't even kill flies! I don't eat meat! But I don't judge people, I don't judge people who do eat meat. Forgive me. All I was trying to do was become better. I will do it. I will do anything. Sacrifice my identity, I'll do it. You all are phenomenal. You are beautiful and I love you. Try to forgive me. I'm a mood
Gemini Gemini most often refers to: * Gemini (constellation), one of the constellations of the zodiac * Gemini (astrology), an astrological sign Gemini may also refer to: Science and technology Space * Gemini in Chinese astronomy, the Gemini constellat ...
. I'm sorry. I'm so sorry. Ow, that really hurt! You are all very strong. Teamwork makes the dream work. fter vomitingOh, I'm sorry, I wasn't trying to do that. I just can't breathe correctly.


Coroner report

According to the original autopsy report from Adams County
Coroner A coroner is a government or judicial official who is empowered to conduct or order an inquest into the manner or cause of death. The official may also investigate or confirm the identity of an unknown person who has been found dead within th ...
's Office, released in November 2019, McClain's exact
cause of death In law, medicine, and statistics, cause of death is an official determination of the conditions resulting in a human's death, which may be recorded on a death certificate. A cause of death is determined by a medical examiner. In rare cases, an ...
could not be determined and was therefore listed as undetermined. The county coroner Doctor Stephen Cina stated that it may have been an accident resulting from an
idiosyncratic drug reaction Idiosyncratic drug reactions, also known as type B reactions, are drug reactions that occur rarely and unpredictably amongst the population. This is not to be mistaken with idiopathic, which implies that the cause is not known. They frequently oc ...
, could have been
homicide Homicide is an act in which a person causes the death of another person. A homicide requires only a Volition (psychology), volitional act, or an omission, that causes the death of another, and thus a homicide may result from Accident, accidenta ...
if the officers' use of the carotid hold contributed to his death, or could have been "natural if (McClain) had an undiagnosed mental illness that led to excited delirium, if his intense physical exertion combined with a narrow coronary artery led to an arrhythmia, if he had an
asthma Asthma is a common long-term inflammatory disease of the airways of the lungs. It is characterized by variable and recurring symptoms, reversible airflow obstruction, and easily triggered bronchospasms. Symptoms include episodes of wh ...
attack, or if he aspirated vomit while restrained.” The coroner stated that McClain's "physical exertion" likely contributed to his death, ”but it is unclear if the officer's actions contributed as well" and described McClain as being given a “therapeutic level” of ketamine. Aurora Police Department officers met with the coroner before his final decision that the cause of death could not be determined was announced and Aurora police investigators were also present during the autopsy even while the actions of several of the department's officers were under review. According to a national coroners group, best practice would have been to seek a second opinion in order to avoid an undetermined ruling. On September 2, 2022, chief coroner of Adams County Monica Broncucia-Jordan announced the autopsy report of McClain had been changed in response to new evidence from a grand jury investigation. Following a request by the
Colorado Public Radio Colorado Public Radio (CPR) is a public radio state network based in Denver, Colorado that broadcasts three services: news, classical music and Indie 102.3, which plays adult album alternative music. CPR airs its programming on 15 full-power ...
it was confirmed that the autopsy had been updated to list the
cause of death In law, medicine, and statistics, cause of death is an official determination of the conditions resulting in a human's death, which may be recorded on a death certificate. A cause of death is determined by a medical examiner. In rare cases, an ...
as "complications of ketamine administration following forcible restraint", but the
manner of death In many legal jurisdictions, the manner of death is a determination, typically made by the coroner, medical examiner, police, or similar officials, and recorded as a vital statistic. Within the United States and the United Kingdom, a distin ...
was still listed as "undetermined" rather than "homicide".
"The investigation suggests that cClainreceived an intramuscular dose of ketamine that was higher than recommended for his weight," Adams County chief coroner Monica Broncucia-Jordan autopsy report read. "Further, my review of all the body camera footage shows that Mr. McClain was extremely sedated within minutes of receiving a shot of ketamine. When he was placed on a stretcher, I believe he was displaying
agonal breathing Agonal respiration, gasping respiration, or agonal breathing is a distinct and abnormal pattern of breathing and brainstem reflex characterized by gasping labored breathing and is accompanied by strange vocalizations and myoclonus. Possible cau ...
and respiratory arrest was imminent. Simply put, this dosage of ketamine was too much for this individual and it resulted in an overdose, even though his blood ketamine level was consistent with a 'therapeutic' blood concentration. I believe that Mr. McClain would most likely be alive but for the administration of ketamine."
The amended report also states that there was “no evidence that injuries inflicted by the police contributed to death. The original report stated that McClain went unresponsive “during a police involved interaction.” The report was amended to say that McClain became unresponsive “immediately following a police involved interaction.”


Investigation

On August 28, 2019, all three Aurora Police officers involved at the scene were put on paid
administrative leave Administrative leave is a temporary leave from a job assignment, with pay and benefits intact. Generally, the term is reserved for employees of non-business institutions such as schools, police, and hospitals. Definition The definition of adm ...
. Adams County District Attorney Dave Young later determined that none of the three officers—Nathan Woodyard, Jason Rosenblatt, and Randy Roedema—committed any criminal acts, and no charges were filed against them. The police body camera footage and audio of the initial 9-1-1 call were released publicly by the Aurora Police Department on November 22, 2019. In February 2020, Aurora City Manager Jim Twombly announced that he would begin a Critical Incident Review on the case to investigate how police and fire departments reacted during the incident. He also announced an
audit An audit is an "independent examination of financial information of any entity, whether profit oriented or not, irrespective of its size or legal form when such an examination is conducted with a view to express an opinion thereon." Auditing al ...
on the body cameras of the Aurora Police Department to further investigate how well Aurora police officers comply with body-camera policies. At that time he said that a review of the incident determined that the force applied during the encounter was consistent with training as determined by the Force Review Board.


Petitions and investigation requests

On June 6, 2020, an online petition called for a reopening of the investigation into the death of McClain, and a request that the officers involved be removed from duty had been signed by more than 820,000 people. Members of the Aurora City Council's safety committee also requested an independent, third-party investigation into the death. County District Attorney Dave Young said he was aware of the petition and commented, "I don't open up investigations based on petitions." On June 10, three members of the city public safety policy committee sent City Manager Jim Twombly a letter asking for a new "neutral, third-party" look at McClain's death. Twombly responded saying that the city had already initiated an independent review of his death under the direction of Eric Daigle, a former Connecticut state police officer and attorney who now consults on the use of force and related policies. Council members replied saying they were not satisfied with the city's choice of a former police officer: " edon't consider Eric Daigle to be independent and neutral due to his long career in law enforcement. We need a truly independent review." On June 26, a spokesperson for the city of Aurora announced that all three officers involved in the incident had been reassigned to working in a non-enforcement capacity in an attempt to protect their safety. Woodyard and Rosenblatt were moved on June 13, while Roedema was moved on June 20. By June 25, more than three million people had signed the petition demanding an independent investigation into McClain's death, and on that date, Governor
Jared Polis Jared Schutz Polis ( ; ; born May 12, 1975) is an American politician and businessman serving as the 43rd governor of Colorado since 2019. He served one term on the Colorado State Board of Education from 2001 to 2007, and five terms as the Unite ...
appointed a special prosecutor to investigate McClain's death, thus overriding Young and Twombly. He also signed an executive order directing the Attorney General,
Phil Weiser Philip Jacob Weiser (born May 10, 1968) is an American lawyer and politician who has served as the 39th Attorney General of Colorado since 2019. He is the Hatfield Professor of Law and Telecommunications, executive director and Founder of the Sil ...
, to investigate and possibly prosecute the officers involved. Polis said in a statement, "Elijah McClain should be alive today, and we owe it to his family to take this step and elevate the pursuit of justice in his name to a statewide concern." Mari Newman, the family's attorney, commented, "Finally a responsible adult has stepped in and thank goodness that the governor has shown some leadership."


Inappropriate photos investigated

On June 29, the interim police chief announced that multiple officers had been placed on administrative leave and were under investigation after photos of them surfaced that had been taken near the site where McClain was taken into custody. The photos, taken in October 2019, show police officers posing inappropriately and reenacting the carotid restraint used on McClain before his death. In July, three officers were fired from the department in relation to the photos, while one officer resigned. At a news conference, acting police chief Vanessa Wilson said, "While the allegations of this internal affairs case are not criminal, they are a crime against humanity and decency. To even think about doing such a thing is beyond comprehension and it is reprehensible." In response to a question from the floor, she addressed aspects of future officer training, and noted: "I shouldn't have to teach this. There is no training that should
ave to is a Latin word, used by the Romans as a salutation and greeting, meaning 'hail'. It is the singular imperative form of the verb , which meant ' to be well'; thus one could translate it literally as 'be well' or 'farewell'. Etymology is ...
teach human decency."


Use of ketamine questioned

In Colorado,
EMS Ems or EMS may refer to: Places and rivers * Domat/Ems, a Swiss municipality in the canton of Grisons * Ems (river) (Eems), a river in northwestern Germany and northeastern Netherlands that discharges in the Dollart Bay * Ems (Eder), a river o ...
providers are allowed to use
ketamine Ketamine is a cyclohexanone-derived general anesthetic and NMDA receptor antagonist with analgesic and hallucinogenic properties, used medically for anesthesia, depression, and pain management. Ketamine exists as its S- (esketamine) a ...
to treat a syndrome known as
excited delirium Excited delirium (ExDS), also known as agitated delirium (AgDS) or hyperactive delirium syndrome with severe agitation, is a widely rejected pseudoscientific diagnosis characterized as a potentially fatal state of extreme agitation and delirium ...
. When the EMS arrived on the scene of the encounter, McClain was already cuffed and restrained on the ground. One of the officers can be heard telling the EMS that McClain was "acting crazy", that he was "definitely on something", and that he had attacked them with "incredible, crazy strength" when they tried to restrain him. The paramedics administered an injection of 500 mg (one full 5ml syringe) of ketamine, later reporting to have estimated his weight at 220lbs (100kg), a weight for which 500 mg is an appropriate dose. According to information provided to
NBC The National Broadcasting Company (NBC) is an American commercial broadcast television and radio network serving as the flagship property of the NBC Entertainment division of NBCUniversal, a subsidiary of Comcast. It is one of NBCUniversal's ...
by Aurora Fire Rescue, the standard dose of ketamine is 5 milligrams per each kilogram of a person's weight. The coroner's report states that McClain was tall and weighed . That would mean that the correct dosage for a person of McClain's size would have been 320 milligrams. The attorney for McClain's family, Mari Newman, said that medics had no right or reason to inject Elijah with ketamine and has asked for an investigation. Neuroscientist Carl Hart, chair of
Columbia University Columbia University in the City of New York, commonly referred to as Columbia University, is a Private university, private Ivy League research university in New York City. Established in 1754 as King's College on the grounds of Trinity Churc ...
's psychology department, commented, "Why anyone would be giving ketamine in that circumstance is beyond me." The
American Medical Association The American Medical Association (AMA) is an American professional association and lobbying group of physicians and medical students. This medical association was founded in 1847 and is headquartered in Chicago, Illinois. Membership was 271,660 ...
, the
American Psychiatric Association The American Psychiatric Association (APA) is the main professional organization of psychiatrists and trainee psychiatrists in the United States, and the largest psychiatric organization in the world. It has more than 39,200 members who are in ...
, and the
World Health Organization The World Health Organization (WHO) is a list of specialized agencies of the United Nations, specialized agency of the United Nations which coordinates responses to international public health issues and emergencies. It is headquartered in Gen ...
do not recognize the condition known as excited delirium. Paul Appelbaum, who oversees changes to psychiatry's main diagnostic manual, has commented, "excited delirium is bad science, based on faulty studies that grew out of the 1980s cocaine epidemic." Carl Takei, a senior staff attorney for the
American Civil Liberties Union The American Civil Liberties Union (ACLU) is an American nonprofit civil rights organization founded in 1920. ACLU affiliates are active in all 50 states, Washington, D.C., and Puerto Rico. The budget of the ACLU in 2024 was $383 million. T ...
who focuses on police practices, said "ascribing a person's actions to excited delirium can create a shield for officers who use excessive force". In December 2020,
John Dickerson John Frederick Dickerson (born July 6, 1968) is an American journalist and a reporter for CBS News. His current assignment is co-anchoring ''CBS Evening News'' alongside Maurice DuBois since January 27, 2025. His previous roles include ''60 Min ...
, working for the television program ''
60 Minutes ''60 Minutes'' is an American television news magazine broadcast on the CBS television network. Debuting in 1968, the program was created by Don Hewitt and Bill Leonard, who distinguished it from other news programs by using a unique style o ...
'', investigated the use of ketamine in McClain's death. Dickerson said that the medical community is highly skeptical about whether "excited delirium" is a real medical condition and voiced concerns about the use of excited delirium as "a shield to protect police from charges of misconduct." Dickerson spoke with County District Attorney Dave Young, whose jurisdiction covers Aurora. Young justified the use of ketamine. He also felt that because the diagnosis of excited delirium was not ruled out as a cause of death, he was convinced that he could not win a homicide case against the officers because "you can't file a homicide charge without cause of death."


February 2021 investigation findings

Findings from an independent investigation commissioned by the City Council were released on February 22, 2021. The report concluded that "Aurora police and paramedics made substantial errors at nearly every stage of their interaction with Elijah McClain and the detectives tasked with investigating the incident that led to the 23-year-old's death stretched the truth to exonerate the officers involved." The report said that the police had no legal basis to make McClain stop walking, to frisk him, or to use a chokehold and the paramedics failed to properly evaluate him, measure his vital signs or even to attempt to speak with him before injecting him with ketamine. The report also said that the detectives assigned to investigate the incident failed to do a meaningful investigation after his death. According to the report:
The body worn camera audio, limited video, and Major Crimes’ interviews with the officers tell two contrasting stories. The officers’ statements on the scene and in subsequent recorded interviews suggest a violent and relentless struggle. The limited video, and the audio from the body worn cameras, reveal Mr. McClain surrounded by officers, all larger than he, crying out in pain, apologizing, explaining himself, and pleading with the officers."
In 2020, McClain's family filed a lawsuit naming the city, several police officers and paramedics, and a fire department medical director for allegedly violating McClain's civil rights. Family attorney Mari Newman said the report supports the plaintiff allegations. "This is a broadside on the city of Aurora from top to bottom, beginning with the illegal stop that set the wheels in motion and the illegal conduct every step of the way." McClain's mother said she was happy that the report showed that her son was no longer labeled a suspect but rather seen as a victim of a crime. She has called for the paramedics and the officers to be fired and criminally prosecuted. In a statement his father said, "This report confirms what we have been saying from the start."


September 2021 grand jury

In September 2021, a Colorado
grand jury A grand jury is a jury empowered by law to conduct legal proceedings, investigate potential criminal conduct, and determine whether criminal charges should be brought. A grand jury may subpoena physical evidence or a person to testify. A grand ju ...
indicted Aurora officers Roedema, Rosenblatt and Woodyard along with Aurora Fire Rescue paramedics Cooper and Cichuniec on 32 total counts of manslaughter and criminally negligent homicide. In addition, Roedema and Rosenblatt were each indicted on one count of assault and one count of crime of violence, while Cooper and Cichuniec each faced three counts of assault and six counts of crime of violence. As of April 2022, all five individuals remained free on bond.


Release of the unredacted, amended autopsy report

In September 2022, CPR News (
Colorado Public Radio Colorado Public Radio (CPR) is a public radio state network based in Denver, Colorado that broadcasts three services: news, classical music and Indie 102.3, which plays adult album alternative music. CPR airs its programming on 15 full-power ...
) filed a lawsuit, in which they were joined by the
Associated Press The Associated Press (AP) is an American not-for-profit organization, not-for-profit news agency headquartered in New York City. Founded in 1846, it operates as a cooperative, unincorporated association, and produces news reports that are dist ...
(
AP News The Associated Press (AP) is an American not-for-profit news agency headquartered in New York City. Founded in 1846, it operates as a cooperative, unincorporated association, and produces news reports that are distributed to its members, maj ...
),
KCNC-TV KCNC-TV (channel 4), branded CBS Colorado, is a television station in Denver, Colorado, United States, serving as the market's CBS outlet. It is owned and operated by the network's CBS News and Stations division, and maintains studios on Linc ...
,
KDVR-TV KDVR (channel 31) is a television station in Denver, Colorado, United States, affiliated with the Fox network. It is simulcast full-time over satellite station KFCT (channel 22) in Fort Collins. Nexstar Media Group owns KDVR and KFCT alongside ...
,
KMGH-TV KMGH-TV (channel 7) is a television station in Denver, Colorado, United States, affiliated with ABC. It is owned by the E. W. Scripps Company alongside Sterling-licensed independent station KCDO-TV, channel 3 (and its Denver-based translator ...
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KUSA-TV KUSA (channel 9) is a television station in Denver, Colorado, United States, affiliated with NBC. It is owned by Tegna Inc. alongside MyNetworkTV affiliate KTVD (channel 20). The two stations share studios on East Speer Boulevard in Denver' ...
, and Denver7 arguing the amended autopsy report should be released to the public without redactions. The report, without redactions, was released on September 24. The cause of death, which was previously listed as "undetermined," now states as "complications of ketamine administration following forcible restraint". The manner of death remains listed as "undetermined" as it was in the initial report.


2023 trials

In January 2023, trial dates were set starting with July 11, 2023, for Roedema and Rosenblatt, August 7, 2023, for Cooper and Chichuniec, and September 18, 2023, for Woodyard. All five entered not guilty pleas in Adams County court. In late September, former Aurora PD captain Stephen Redfearn testified about changing the incident code from “suspicious person” to “assault on an officer”, but without further investigating the incident. "He said the computer system didn't have a category for attempting to disarm an officer". Civil rights group
NAACP The National Association for the Advancement of Colored People (NAACP) is an American civil rights organization formed in 1909 as an interracial endeavor to advance justice for African Americans by a group including W. E. B. Du&nbs ...
Boulder County claimed the change "reeks of a cover-up" and called for Redfearn's current employer, the
Boulder In geology, a boulder (or rarely bowlder) is a rock fragment with size greater than in diameter. Smaller pieces are called cobbles and pebbles. While a boulder may be small enough to move or roll manually, others are extremely massive. In ...
Police Department, to fire him and his boss, Chief Maris Herold, for hiring him. Boulder's city manager pushed back, saying NAACP misrepresented the facts and said the code change was a standard innocuous administrative task. On October 12, 2023, Roedema, a resident from Thornton, was found guilty on charges of criminally negligent homicide and assault, while Rosenblatt was acquitted of all charges against him, including reckless manslaughter and assault. Roedema was sentenced to 14 months' imprisonment in January 2024. Nathan Woodyard's trial began on October 17. One of the prosecution witnesses was police trainer Kevin Smyth, who had previously testified in the trial of the other two officers. Smyth's testimony at Woodyard's trial, that officers were trained to take suspects' claims of being unable to breathe seriously but that such complaints were not always a sign of respiratory failure, was said by the prosecution to contradict his previous testimony. Woodyard's lawyers argued that the paramedics who sedated McClain were responsible for his death. Closing arguments began on November 3. On November 6 a jury acquitted Woodyard. Cooper and Cichuniec's trial began on November 29, 2023. During the trial, Cooper admitted that he had misjudged the amount of ketamine necessary to subdue McClain, leading to the fatal overdose. On December 22, 2023, Cooper and Cichuniec were convicted by a Colorado jury of criminally negligent homicide for their role in McClain's death. The jury additionally found Cichuniec guilty of second-degree assault for his unlawful administration of drugs to McClain. On March 1, 2024, Cichuniec was sentenced to five years in prison and three years probation and is currently imprisoned in the
Sterling Correctional Facility Sterling Correctional Facility (SCF) is located in Sterling, Colorado, and is the largest prison in the Colorado Department of Corrections system. State statute dictated that prisoners with death sentences were to be held at the administrative s ...
.


Protests and memorials

A very small protest was held in November 2019 in response to the District Attorney's decision not to file charges. McClain's mother Sheneen was scheduled to take part but was in too much grief to appear and speak. A second event for McClain was held on June 6, 2020, after the
murder Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse committed with the necessary Intention (criminal law), intention as defined by the law in a specific jurisd ...
of
George Floyd George Perry Floyd Jr. (October 14, 1973 – May 25, 2020) was an African-American man who was murdered by a white police officer in Minneapolis, Minnesota, during an arrest made after a store clerk suspected Floyd had used a counterfeit tw ...
led to the formation of a nationwide protest movement in the United States. One of the event organizers remarked that the McClain family must have felt that the death of their loved one had been in vain when they saw the streets of Denver filled with protesters showing support for George Floyd while their loved one seemed to have been all but forgotten. One speaker said, "Today, I see all of your faces. And although it happened because of George Floyd, if we're not dealing with the atrocities, with the murders, with the brutality inside of Aurora, we have no business shouting another person's name." In June 2020, a memorial mural was painted in honor of McClain in
Denver, Colorado Denver ( ) is a List of municipalities in Colorado#Consolidated city and county, consolidated city and county, the List of capitals in the United States, capital and List of municipalities in Colorado, most populous city of the U.S. state of ...
, alongside murals of
George Floyd George Perry Floyd Jr. (October 14, 1973 – May 25, 2020) was an African-American man who was murdered by a white police officer in Minneapolis, Minnesota, during an arrest made after a store clerk suspected Floyd had used a counterfeit tw ...
and
Breonna Taylor Breonna Taylor (June 5, 1993 – March 13, 2020) was an African-American woman who Killing of Breonna Taylor, was shot and killed while unarmed in her Louisville, Kentucky home by three police officers who entered under the auspices of a No-kn ...
.


Violin protest

On June 27, 2020, thousands gathered for a day of protests, speaker presentations, and an evening violin concert at Aurora City Center Park. Before the protest began, Aurora police issued a statement in support of a peaceful protest but warned of "outsiders" whose goal, they said, is to be destructive. Government buildings were boarded up, and police sat atop City Hall and the library observing the protest. No arrests were reported during the day, although both directions of Interstate 225 were shut down around 3 p.m. by thousands of marching protesters. In the evening people, including families with children, started to gather in City Center Park, where musicians formed a circle and performed a violin concert in memory of McClain, who had been an accomplished violinist. At that point, law enforcement declared the protest an "illegal gathering" and ordered people to leave the park or face the use of pepper spray for dispersal. Shortly thereafter police officers, dressed in riot gear, moved into the crowd. Several attendees reported the use of smoke and gas canisters. According to a police statement, "pepper spray was used after a small group of people gathered rocks ndsticks, knocked over a fence, and ignored orders to move back". Various videos showed attendees seated on the public lawn, without engaging in any such actions. Five attendees of the protest have sued the Aurora Police Department and its interim chief, accusing them of unconstitutional treatment. Their lawsuit also demands that the Aurora Police Department stop using chemical agents, stop shooting projectiles indiscriminately into crowds, allow crowd dispersal only when there is an urgent danger to other people, and require all police to have their body cameras on at all times. On June 29, 2020, an event in memory of Elijah McClain was held in California. It was organized by Black Women Lead, took place at The Laugh Factory Hollywood, and was called "Violin Candlelight Vigil for Elijah". The small concert was held in the open air, the visitors formed a circle around the stage, watching performing musicians. Among the performers were violinist
Lindsey Stirling Lindsey Stirling (born September 21, 1986) is an American violinist, songwriter and dancer. She presents choreographed violin performances, in live and music videos found on her official YouTube channel, which she created in 2007. Stirling per ...
, who played her arrangement of the song "
Hallelujah ''Hallelujah'' (; , Modern ) is an interjection from the Hebrew language, used as an expression of gratitude to God. The term is used 24 times in the Tanakh (in the book of Psalms), twice in deuterocanonical books, and four times in the Christ ...
", and violinist and vocalist
Sudan Archives Brittney Denise Parks, better known by her stage name Sudan Archives, is an American violinist, singer, and songwriter based in Los Angeles, California. Parks learned to play the violin by ear as a young child in Cincinnati, Ohio. Signed to Sto ...
. After McClain's death, a petition was published on the public benefit corporation website,
change.org Change.org is a website which allows users to create and sign petitions in an attempt to advance various social causes by raising awareness and influencing decision-makers. The site is a US-based for-profit company and claims to have 551 million ...
asking for "Justice for Elijah McClain." The petition quickly gathered enough signatures to become one of the top three most signed petitions on the site, among others such as those petitions on behalf of
George Floyd George Perry Floyd Jr. (October 14, 1973 – May 25, 2020) was an African-American man who was murdered by a white police officer in Minneapolis, Minnesota, during an arrest made after a store clerk suspected Floyd had used a counterfeit tw ...
and
Breonna Taylor Breonna Taylor (June 5, 1993 – March 13, 2020) was an African-American woman who Killing of Breonna Taylor, was shot and killed while unarmed in her Louisville, Kentucky home by three police officers who entered under the auspices of a No-kn ...
.


Arrest of protest organizers

Following the summer protests, Aurora Police Department arrested organizers involved with the
Party for Socialism and Liberation The Party for Socialism and Liberation (PSL) is a communist party, communist political party in the United States, political party in the United States. PSL formed in 2004, when its members split from the Workers World Party. PSL describes it ...
and other local groups on charges ranging from "inciting a riot" to "kidnapping". This was in response to a protest on July 3 where the Aurora police precinct was surrounded by protesters calling for the officers responsible for McClain's death to be fired and charged. On September 17, 6 organizers, Russel Ruch, Joel Northam, Lillian House, Eliza Lucero, Trey Quinn, and Terrance Roberts, were arrested. Northam was arrested with the aid of a SWAT team and armored vehicle, while Roberts was apprehended while on a jog. Others were arrested at home or at work. The charges could have resulted in up to 48 years in prison for House, Northam, and Lucero. On March 12, 2021, Judge Leroy Kirby dismissed the kidnapping charges against House, Lucero, and Northam, noting that if the warrants for their arrest had been presented to him, he would not have signed them. On April 4, 2021, Arapahoe County District Attorney John Keller dismissed all felony charges and major misdemeanor charges against the protesters. On May 6, 2021, Adams County District Attorney Brian Mason dismissed all charges in Adams County against the protesters, stating that he has "an ethical obligation to only proceed on charges isoffice can prove and to dismiss charges that
hey Hey, HEY, or Hey! may refer to: Music * Hey (band), a Polish rock band Albums * ''Hey'' (Andreas Bourani album) or the title song (see below), 2014 * ''Hey!'' (Julio Iglesias album) or the title song, 1980 * ''Hey!'' (Jullie album) or the ...
cannot prove." On September 13, 2021, all remaining charges against House, Lucero, and Northam were dropped.


Civil rights lawsuit

McClain's family subsequently filed a civil rights lawsuit against the city of Aurora, Colorado. A preliminary settlement agreement was announced on October 18, 2021. The agreement was finalized following a mediation hearing in U.S. District Court on November 19, 2021, with the city of Aurora agreeing to pay $15 million to McClain's family.


Misuse of photo

During the
Sudanese civil war (2023-present) The term Sudanese Civil War refers to at least three separate conflicts in Sudan in Northeast Africa: *First Sudanese Civil War (1955–1972) *Second Sudanese Civil War (1983–2005) *Sudanese civil war (2023–present) It could also refer to other ...
, social media users circulated a photo which they claimed was of faction leader
Hemedti Mohamed Hamdan Dagalo (born 1974 or 1975), commonly known by the mononym Hemedti, is a Sudanese military officer and the current head of the paramilitary Rapid Support Forces (RSF). A Janjaweed leader from the Rizeigat tribe in Darfur, he was th ...
hospitalized in Nairobi, Kenya. It was subsequently
debunked A debunker is a person or organization that exposes or discredits claims believed to be false, exaggerated, or pretentious. "to expose or excoriate (a claim, assertion, sentiment, etc.) as being pretentious, false, or exaggerated: to debunk adv ...
and identified as an edited photo of McClain.


See also

*
List of unarmed African Americans killed by law enforcement officers in the United States This is a list of African Americans reportedly killed while unarmed by non-military Law enforcement in the United States, law enforcement officers in the United States. Events are listed whether they took place in the line of duty or not, and re ...
* List of killings by law enforcement officers in the United States, August 2019 *
Killing of Daniel Prude On March 23, 2020, Daniel Prude, a 41-year-old African-American man, died after being physically restrained by Rochester, New York police officers. Prude had been suffering from a mental health episode after ingesting PCP and left his brothe ...


References


External links

*
ABC News video "What happened to Elijah McClain? Case draws new attention amid nationwide protests"—July 1, 2020
* Police report. * {{DEFAULTSORT:McClain, Elijah 1996 births 2010s crimes in Colorado 2019 controversies in the United States 2019 deaths 2019 in Colorado Adams County, Colorado African-American-related controversies Asphyxia-related deaths by law enforcement in the United States August 2019 in the United States Aurora, Colorado Black Lives Matter Criminal homicide Deaths by person in Colorado Deaths from asphyxiation Deaths in police custody in the United States Drug-related deaths in Colorado Government killings in the United States Killings in the United States Law enforcement controversies in the United States Law enforcement in Colorado March 2020 in the United States Medical controversies in the United States Poisoning by drugs, medicaments and biological substances Police brutality in the 2010s Police brutality in the United States Political scandals in the United States