Demonstrators carry a giant placard during a rally over the death of Elijah McClain outside the police department in Aurora, Colorado. AP
Demonstrators carry a giant placard during a rally over the death of Elijah McClain outside the police department in Aurora, Colorado. AP
Demonstrators carry a giant placard during a rally over the death of Elijah McClain outside the police department in Aurora, Colorado. AP
Demonstrators carry a giant placard during a rally over the death of Elijah McClain outside the police department in Aurora, Colorado. AP

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Elijah McClain: Police and paramedics charged in 2019 death of black man

Colorado attorney general says each of the five accused face one count of manslaughter and one count of criminally negligent homicide

The National

September 01, 2021

  • English
  • Arabic

Three suburban Denver police officers and two paramedics have been indicted on manslaughter and other charges in the death of Elijah McClain, a black man who died after being put in a chokehold and injected with a powerful sedative two years ago, Colorado Attorney General Phil Weiser said on Wednesday.

“Each of the five defendants face one count of manslaughter and one count of criminally negligent homicide,” said Mr Weiser, who headed the investigation.

Four of the accused face further assault charges, including the two paramedics over their use of a powerful sedative on McClain without consent.

“We're here today because Elijah McClain is not here, and he should be,” Mr Weiser said.

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, Minnesota.

McClain died in August 2019 in Aurora, near Denver, three days after he was put in a chokehold by police and injected with ketamine, and thereafter suffering cardiac arrest.

Colorado Attorney General Phil Weiser speaks on a grand jury investigation into the death of Elijah McClain. AP
Colorado Attorney General Phil Weiser speaks on a grand jury investigation into the death of Elijah McClain. AP

Within five minutes, he stopped breathing, a federal lawsuit filed by McClain’s family said. He was later declared brain dead and taken off life support.

Police had responded to a call about a “suspicious” black man “acting weird” in the street and wearing a ski mask.

Police body camera footage shows an officer approaching McClain on the pavement and saying, “I have a right to stop you because you’re being suspicious.”

We're here today because Elijah McClain is not here, and he should be
Phil Weiser,
Colorado attorney general

The officer turns McClain around and says, “Relax, or I’m going to have to change this situation.” As the other officers help restrain McClain, he asks them to let him go, saying, “You guys started to arrest me, and I was stopping my music to listen.”

The officers’ body cameras come off as they move McClain to the grass, but an officer can be heard saying McClain grabbed one of their guns. McClain tries to explain and sometimes cries out or sobs. He says he can’t breathe and was only trying to walk home.

“I’m just different. I’m just different, that’s all. That’s all I was doing. I’m so sorry. I have no gun. I don’t do that stuff. I don’t do any fighting. Why were you attacking me? I don’t do guns. I don’t even kill flies,” he said.

One officer eventually retrieves his camera, which shows McClain handcuffed, lying on his side and periodically vomiting as another officer leans on him.

Protesters march on the Brooklyn Bridge during a demonstration on the first anniversary of the death of George Floyd, in New York. Reuters
Protesters march on the Brooklyn Bridge during a demonstration on the first anniversary of the death of George Floyd, in New York. Reuters
Some streets in Manhattan were closed due to the demonstrations on Tuesday evening. AP
Some streets in Manhattan were closed due to the demonstrations on Tuesday evening. AP
The musician Common performs with the Sounds of Blackness at George Floyd Square in Minneapolis, Minnesota. Floyd's death in May 2020 led to worldwide protests and calls for police reform or abolition. Getty
The musician Common performs with the Sounds of Blackness at George Floyd Square in Minneapolis, Minnesota. Floyd's death in May 2020 led to worldwide protests and calls for police reform or abolition. Getty
Robin Puttin leads a prayer while kneeling and raising her hand on the first anniversary of George Floyd's death, at George Floyd Square, in Minneapolis, Minnesota. Reuters
Robin Puttin leads a prayer while kneeling and raising her hand on the first anniversary of George Floyd's death, at George Floyd Square, in Minneapolis, Minnesota. Reuters
Electric and LED candles bearing the names of people killed by police illuminate the fist sculpture as people gather at the George Floyd Square. Reuters
Electric and LED candles bearing the names of people killed by police illuminate the fist sculpture as people gather at the George Floyd Square. Reuters
A man is reflected in a sign during a vigil held to remember George Floyd in Lynn, Massachusetts. Reuters
A man is reflected in a sign during a vigil held to remember George Floyd in Lynn, Massachusetts. Reuters
House Speaker Nancy Pelosi meets the family of the late George Floyd at the US Capitol in Washington. The family met President Joe Biden and various US politicians, and participated in a memorial at Black Lives Matter Plaza. EPA
House Speaker Nancy Pelosi meets the family of the late George Floyd at the US Capitol in Washington. The family met President Joe Biden and various US politicians, and participated in a memorial at Black Lives Matter Plaza. EPA
People gather at the sight where George Floyd was killed one year ago, at 38th Street and Chicago Avenue in Minneapolis - an area now called George Floyd Square. EPA
People gather at the sight where George Floyd was killed one year ago, at 38th Street and Chicago Avenue in Minneapolis - an area now called George Floyd Square. EPA
A man stands next to a mural of George Floyd in Houston, Texas. Reuters
A man stands next to a mural of George Floyd in Houston, Texas. Reuters
A family member holds onto Gianna Floyd, daughter of George Floyd, at the White House following their meeting with President Biden in Washington. Reuters
A family member holds onto Gianna Floyd, daughter of George Floyd, at the White House following their meeting with President Biden in Washington. Reuters
Gianna Floyd and other family members and lawyers, raise fists after meeting President Biden in Washington. Reuters
Gianna Floyd and other family members and lawyers, raise fists after meeting President Biden in Washington. Reuters
Community organiser Tommy McBrayer leads a chant in solidarity with George Floyd, at George Floyd Square, in Minneapolis. Reuters
Community organiser Tommy McBrayer leads a chant in solidarity with George Floyd, at George Floyd Square, in Minneapolis. Reuters
New York City Mayor Bill de Blasio and Reverend Al Sharpton kneel with community leaders for nine minutes and 29 seconds, symbolising Floyd's ordeal at the hands of police. Reuters
New York City Mayor Bill de Blasio and Reverend Al Sharpton kneel with community leaders for nine minutes and 29 seconds, symbolising Floyd's ordeal at the hands of police. Reuters
Philonise Floyd, brother to George Floyd, puts his arm around Speaker Nancy Pelosi, near Rep. Karen Bass, as he and other members of the Floyd family meet politicians at the US Capitol. Reuters
Philonise Floyd, brother to George Floyd, puts his arm around Speaker Nancy Pelosi, near Rep. Karen Bass, as he and other members of the Floyd family meet politicians at the US Capitol. Reuters
A man places a candle at a memorial in honour of George Floyd, at George Floyd Square in Minneapolis. Reuters
A man places a candle at a memorial in honour of George Floyd, at George Floyd Square in Minneapolis. Reuters
Black Lives Matter protesters hold placards and shout slogans in Brooklyn, New York. AFP
Black Lives Matter protesters hold placards and shout slogans in Brooklyn, New York. AFP
People gather at George Floyd Square in Minneapolis. AP
People gather at George Floyd Square in Minneapolis. AP
A man sits in front of the Say Their Names cemetery, close to George Floyd Square, in Minneapolis. AP
A man sits in front of the Say Their Names cemetery, close to George Floyd Square, in Minneapolis. AP
Two women sit on a roof as they listen to a memorial music performance, at George Floyd Square, in Minneapolis. EPA
Two women sit on a roof as they listen to a memorial music performance, at George Floyd Square, in Minneapolis. EPA

The family’s lawsuit alleges McClain died as a result of a dramatic increase of lactic acid in his blood caused by excessive force used by police over about 18 minutes, combined with the effects of the ketamine.

They claim that police continued to “torture” McClain even after he was restrained, treatment they say is a result of the department’s history of “unconstitutional racist brutality".

Colorado Governor Jared Polis appointed Mr Weiser to head the investigation into McClain's death in June 2020, saying at the time he had been “moved” after speaking with the victim's mother, Sheneen.

“He was a son, a nephew, a brother and a friend. When he died, he was only 23 years old. He had his whole life ahead of him,” Mr Weiser said on Wednesday.

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