Officers and paramedics charged in death of Elijah McClain

[GMDino]

https://www.cbsnews.com/live-updates/elijah-mcclain-colorado-aurora-police-paramedics-charged/

Quote:A grand jury has returned a 32-count indictment against officers and paramedics involved in the death of Elijah McClain, a 23-year-old Black man who was put in a chokehold by Aurora police and injected with a sedative during an August 2019 arrest, Colorado's attorney general announced Wednesday. The charges include manslaughter and criminally negligent homicide.


McClain's death gained widespread attention last year amid a national reckoning on police brutality and racial injustice that followed the murder of George Floyd in Minneapolis.

In June 2020, Colorado attorney general Phil Weiser launched an independent investigation into McClain's death, and in January announced a grand jury would determine whether the officers and paramedics involved should be charged. A local district attorney had in 2019 declined to file charges, citing inconclusive evidence surrounding how McClain died.

Weiser on Wednesday said two Aurora police officers, Nathan Woodyard and Randy Roedema, former police officer Jason Rosenblatt and Aurora Fire and Rescue paramedics Jeremy Cooper and Lt. Peter Cichuniec have been charged with one count each of manslaughter and one count each of criminally negligent homicide. Two of the officers face additional assault and crime of violence counts, and the two paramedics also face assault counts, in addition to counts of recklessly causing bodily injury with a deadly weapon — the sedative ketamine. 

In addition, the paramedics face assault counts related to "intentionally causing stupor, unconsciousness, or other physical or mental impairment or injury" by administering ketamine to McClain without consent, for a purpose other than lawful medical treatment.

"Nothing will bring back my son, but I am thankful that his killers will finally be held accountable," McClain's father LaWayne Mosely said in a statement released to the Denver Post through his attorney, Mari Newman.  

McClain had been walking home from a convenience store wearing a ski mask when someone called 911 to report a suspicious person. Three arriving officers tried to arrest the unarmed man, using a carotid hold — a technique where pressure is placed on both sides of the neck — and tackling him to the ground. Aurora Fire Department personnel later injected him with the sedative ketamine. He suffered a heart attack and was later removed from life support.

Another independent investigation into McClain's death, which was conducted by a consulting firm
and wasn't tasked with determining whether criminal wrongdoing occurred, found in February that officers used force or threat of force "nearly constantly" against McClain in the 18 minutes from the time police first approached him until he was placed on a gurney to be transported to the hospital. The officers justified the use of force by saying McClain resisted and showed extraordinary strength, but body cam audio portrayed a starkly different scenario, the report said.

"The audio captured by the body worn camera contains two sharply contrasting narratives — on the one hand, Mr. McClain pleading, apologizing, and expressing pain, and on the other hand, the officers continuing to perceive resistance," the report found.

The report found that officers took McClain into custody within seconds of their interaction with him, failed to assess whether there was reasonable suspicion to believe that a crime had occurred, and continued to use force against McClain after it was justified. It found paramedics who responded didn't didn't immediately provide care to McClain, accepting the officers' suggestion that he was experiencing "excited delirium" without evaluating him. Paramedics also overestimated McClain's weight before administering the ketamine, affecting the weight-based calculation for dosage, the report found.

"Our department has the solemn duty to prosecute this case. Make no mistake, we recognize that this case will be difficult to prosecute -- these types of cases always are," Weiser said. "Our goal is to seek justice for Elijah McClain, for his family and friends, and for our state. In so doing, we advance the rule of law ad the commitment that everyone is accountable and equal under the law."

Weiser said McClain "was a son, a nephew, a brother and a friend" who was only 23 when he died.

"He had his whole life ahead of him, and his family and friends must now go on and live without him," Weiser said. "His death is a loss to all of us."

In a statement released to CBS Denver, the Aurora Police Association said "our officers did nothing wrong."

"McClain died due to a combination of exertion due to his decision to violently resist arrest and a preexisting heart condition," the statement said. "He was alive and talking when the officers turned him over to EMS. There is no evidence that our officers caused his death."

The three officers involved in McClain's death were removed from patrol duty in June 2020. One, Rosenblatt, was later fired when he texted "haha" in response to a photo of other officers mimicking the chokehold used on McClain. The officers who took the picture were also fired.

Weiser's office is continuing to investigate whether the Aurora Police Department has a pattern or practice of violating citizens' civil rights. 

 

[GMDino]

Compare what the victim said to what the police said happened.  Sad and disgusting.

[CarolinaBengalFanGuy]

Was this not the same place that the movie theater shooting happened in a while back?

[Au165]

(09-02-2021, 05:21 AM)CarolinaBengalFanGuy Wrote: Was this not the same place that the movie theater shooting happened in a while back?

Yea it’s been about 10 years now.

[BigPapaKain]

(09-02-2021, 05:21 AM)CarolinaBengalFanGuy Wrote: Was this not the same place that the movie theater shooting happened in a while back?

So you're saying the area has a history of ****** up shit happening?

Otherwise one has to wonder what the hell that question has to do with the topic.

[CarolinaBengalFanGuy]

(09-02-2021, 10:54 AM)BigPapaKain Wrote: So you're saying the area has a history of ****** up shit happening?

Otherwise one has to wonder what the hell that question has to do with the topic.

Perhaps it’s a national staging ground for terrible events

[GMDino]

https://abcnews.go.com/US/amended-elijah-mcclain-autopsy-report-released/story?id=90378053&cid=social_twitter_abcn

Quote:Amended Elijah McClain autopsy report released
Local news organizations sued to get the report released publicly.

ByKiara Alfonseca
September 23, 2022, 7:00 PM

The Adams County Coroner’s Office in Colorado on Friday released Elijah McClain's amended autopsy report after several news organizations sued for its release.


The cause of death, which was previously listed as "undetermined," was listed in the amended report as "complications of ketamine administration following forcible restraint." The manner of death remained listed as "undetermined" as it was in the initial report.


"The investigation suggests that [McClain] received an intramuscular dose of ketamine that was higher than recommended for his weight," the report from Adams County Monica chief coroner Monica Broncucia-Jordan 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 and respiratory arrest was imminent."


She went on, "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."


McClain, a Black 23-year-old massage therapist, died following an encounter with police in August 2019 while he was walking home from a convenience store.

In the report, Broncucia-Jordan acknowledged that another forensic pathologist may have considered the manner of death in this case to be a "homicide or accident."


The release comes before the arraignment of one former officer, two officers and two paramedics in McClain's 2019 death.

Aurora, Colo., police officers Erica Marrero, left, and Kyle Dittrich, right, were both fired for posing at the site of Elijah McClain's death. Jaron Jones, center, resigned later.
Aurora Police Department

A passerby had called 911 to report McClain was acting "sketchy" since he was wearing a ski mask on a warm night. The lawyer for the McClain family attributed this to the fact that McClain was anemic, which made him feel cold more easily.
[/url]
MORE: Elijah McClain's family to receive $15 million from the city of Aurora in son's death

[url=https://abcnews.go.com/US/elijah-mcclains-family-receive-15-million-city-aurora/story?id=81252606]
Aurora police officers responded to the scene and confronted McClain. An officer can be heard saying in body camera footage that they put him into a carotid chokehold, which restricts the carotid artery and cuts off blood to the brain, according to the Department of Justice. McClain can be heard saying, "I can't breathe," in police body camera footage.


Paramedics arrived, giving McClain an "excessive" dose of ketamine, according to McCain's lawyer, and McClain suffered from cardiac arrest shortly after in an ambulance, according to officials. McClain was pronounced dead three days later.

Elijah McClain in an undated photo.
Family photo

Former Aurora Police Officer Jason Rosenblatt, officers Nathan Woodyard and Randy Roedema as well as paramedics Peter Cichuniec and Jeremy Cooper were charged with 32 criminal counts, including manslaughter, criminally negligent homicide and assault charges.


Their arraignment is set for November.


The report was amended based on confidential grand jury information, according to Broncucia-Jordan.


CPR News filed a lawsuit against the Adams County Coroner’s Office on Sept. 1, arguing for the autopsy report to be released. Several other local news organizations joined the effort after open records requests to obtain the report were denied.


Editor’s Note: A previous version of this story stated there were five former officers and paramedics. It was corrected to one former office, two current officers and two paramedics.

[*Nately120*]

(09-02-2021, 10:54 AM)BigPapaKain Wrote: So you're saying the area has a history of ****** up shit happening?

Otherwise one has to wonder what the hell that question has to do with the topic.

I would assume someone would bring it up to point out that the police there managed to bring a white guy who was armed and killed a dozen people in alive.

[Mike M (the other one)]

Sad, I'm not sure why 3 Officers felt the need to be so aggressive, when the kid looks not much more than 160lbs and from footage, doesn't sound like he was putting up resistance. Just scared more or less.

[Belsnickel]

This case has so many concerns for me. The first is the photo that resulted in firings. I understand gallows humor and its purpose in the first responder community. I've engaged in it plenty of times myself. However, that goes too far. Even if Elijah had been violently resisting and ended up dead that sort of mockery is not okay.

On to the paramedics. I pulled up the EMS protocols for Aurora (https://cdn5-hosted.civiclive.com/UserFiles/Servers/Server_1881137/File/Departments/Fire/AFR%20Protocols%2008012019.pdf). For the issue of administering any sort of treatment, that is muddy waters in and of itself. Given the consent portion of the document, because the police were attempting to detain Elijah they could, in theory, provide consent for him. That's a sticky wicket, though.

The ketamine itself, given the information from the body cam recordings, should not have been administered. He did not present signs of excited delirium to me, and I have dealt with such patients. He was already restrained and the ketamine was unnecessary. I don't have much more to say on it, really.

[*michaelsean*]

Sure sounds like they earned these indictments. I know looks can be deceiving, but he may be the poster boy for non-threatening.

[Housh]

I remember this kid

Kid was freakin autistic and not even a child would’ve said he was aggressive


Idk what the cops were thinking here.


I hate to see ppl lose their freedom while doing their job but that’s why you need to not be a cop if you can’t shoulder the responsibility. My brother in law is a cop and he told me in detail where these guys went wrong

[BigPapaKain]

(09-26-2022, 04:30 PM)Housh Wrote: I remember this kid

Kid was freakin autistic and not even a child would’ve said he was aggressive


Idk what the cops were thinking here.


I hate to see ppl lose their freedom while doing their job but that’s why you need to not be a cop if you can’t shoulder the responsibility. My brother in law is a cop and he told me in detail where these guys went wrong

Was it when they were killing a kid for no reason? Because honestly that's the only detail that matters.

[*michaelsean*]

(09-26-2022, 04:30 PM)Housh Wrote: I remember this kid

Kid was freakin autistic and not even a child would’ve said he was aggressive


Idk what the cops were thinking here.


I hate to see ppl lose their freedom while doing their job but that’s why you need to not be a cop if you can’t shoulder the responsibility. My brother in law is a cop and he told me in detail where these guys went wrong

There's just some bad ones.  I'm a big supporter of the police, but you have to go after the bad ones, which seems to be what we are doing more and more now.  There is a difference between police who make a tragic mistake in the moment and this.

[BigPapaKain]

(09-28-2022, 11:49 AM)michaelsean Wrote: There's just some bad ones.  I'm a big supporter of the police, but you have to go after the bad ones, which seems to be what we are doing more and more now.  There is a difference between police who make a tragic mistake in the moment and this.

What's that old saying - something about not being a Nazi but sitting at a table with 10 Nazis means there are 11 Nazis at the table.

The issue with police are the bad ones are the ones in power and force out the good ones who would raise a stink about their abuses of power.