Protests and outcries in the name of justice following the brutal murder of George Floyd at the hands of police last month have resurfaced a number of cases of police brutality. Names and stories of individuals killed by the police are being shared throughout social media. Amongst these names and stories is young Elijah McClain. Killed last year while being detained by Denver police in Colorado, McClain’s heartbreaking story is being shared on social media under the hashtag #JusticeForElijahMcClain.
Demands that state officials launch an independent investigation into the 23-year-old Black man’s death have prompted Colorado Gov. Jared Polis to announce that his administration will reexamine the case with a special prosecutor. In a series of tweets shared Wednesday, Polis said that “a fair and objective process free from real or perceived bias for investigating officer-involved killings is critical.” He added that he and his legal counsel are “assessing next steps” on what the state can do.
The announcement follows a Change.org petition seeking justice for McClain and demanding all officers involved in his death to be taken off duty. In just three weeks, more than 2.2 million people signed the petition. Piper Rundell, who started the online petition, told CBS News that she created the petition following a conversation she had with McClain’s coworker who was “nearly in tears” while speaking about the incident.
"Hearing that there were cases of police brutality that were happening so close to where I lived kind of inspired me to start the petition — I was just hoping I could do something," Rundell told CBS News. "When the petition got 100 signatures I was so thrilled ... I'm sure you can imagine my excitement when there were 100,000 signatures and now it's gained over 2 million."
McClain’s story is one of the most heart-wrenching stories shared on social media. On Aug. 24, 2019, McClain was dancing while on his walk home from a convenience store. On his way, three white officers stopped McClain after a 911 caller described a "suspicious person” matching his description, Adams County District Attorney Dave Young said in a police summary of the incident.
"The Aurora Police Department Communications Center (Dispatch) received a 911 call from J.V. describing a suspicious black male wearing a ski mask, 'acting weird' by 'waving his arms around,'" the incident overview written by Young read.
According to the report, McClain resisted officer contact, responding that he had done nothing wrong and had a right to walk, resulting in a struggle between him and the officers, during which two of them grabbed his arms.
Prior to his arrest, bodycam video then shows McClain telling officers that he was trying to stop his music to listen to them, CNN reported. The video then shows officers wrestling McClain, who they claim tried to grab their gun, to the ground. During the struggle, an officer is heard threatening McClain: "If you keep messing around, I'm going to bring my dog out and he's going to dog bite you."
According to the incident report, officer Nathan Woodyard then put McClain in a "carotid control hold,” or a chokehold that restricts blood flow to the brain. This caused McClain to briefly lose consciousness. When paramedics arrived at the scene, McClain was given ketamine for sedation, the report read.
In the ambulance, the same medic who administered the ketamine then noticed that "McClain's chest was not rising on his own, and he did not have a pulse." After being taken to a hospital, McClain was declared brain dead three days later. Although a county autopsy did not determine a cause of death, it listed intense physical exertion as a contributing factor. The county claimed no evidence was available to support a ketamine overdose, or determine whether the chokehold contributed to his death. “The decedent was violently struggling with officers who were attempting to restrain him,” the autopsy said, according to Denver 7 ABC. “Most likely the decedent’s physical exertion contributed to death. It is unclear if the officer’s action contributed as well.”
While the officers in the case including Woodyard, Jason Rosenblatt, and Randy Roedema were placed on administrative leave following McClain’s death, they were later reinstated after prosecutors declined to file charges against them, CNN reported. Young decided not to file criminal charges in the case, claiming 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," he wrote in his decision. A police review board later supported this, stating: "The force applied during the altercation to include the carotid control hold and the force applied during the altercation was within policy and consistent with training."
The case has a number of issues. Not only was body camera footage of the arrest not released until months after McClain’s death, but the cameras allegedly fell off during the arrest, causing footage to be inadequately captured. Despite this and the many calls to reopen the case, including the widespread petition, DA Young said he had no intention of reconsidering the case. "I don't open up investigations based on petitions," he told Colorado Politics on June 8. "Obviously, if there is new evidence to look at, I will look at the evidence in any case," he said. "But no. I'm not going to open up an investigation because people are signing a petition."
A day later, City Manager Jim Twombly agreed to undertake an independent investigation into McClain’s death, but that too seemed to come with ill intent. News broke that the attorney hired by Twombly to investigate McClain’s death on behalf of the city of Aurora was biased. Not only was the appointed attorney, Eric Daigle, a former police officer, but he specialized in defending police departments that use excessive force.
“We have watched the events over the last several days and it has become clear that public trust has been eroded,” city council members Allison Hiltz, Curtis Gardner, and Angela Lawson said in an email to Twombly. “We know that the status quo is no longer acceptable in our criminal justice system. Our community has experienced pain and as leaders it is our responsibility to take the first step in restoring public trust.” Aurora Mayor Mike Coffman then announced that Daigle’s contract had been terminated as a result, and a replacement would be selected.
On Thursday, Gov. Polis also announced that a special prosecutor would investigate McClain’s case. Last week, he signed the “Enhance Law Enforcement Integrity Act,” which requires body cameras to hold individual officers liable for their actions in addition to repealing the use of chokeholds and other dangerous tactics during an arrest.
McClain’s case comes amid widespread calls for defunding the police, criminal justice reform, and accountability for state and local officials. Numerous stories and anecdotes about McClain describe his kind heart and the smiles and happiness he brought into the lives of those around him. Friends shared with the Sentinel that McClain was “the sweetest, purest person” they had ever met and often volunteered his time to help others. Despite this and the fact that he was doing nothing but walking home, police officers still wrongfully attacked him, illustrating the many issues present in our “justice” system.
His last words, shared below, are heartbreaking and bear witness to his soft nature.
Trigger warning: The following paragraph is difficult to read.
"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. 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. I'll do it. You all are phenomenal. You are beautiful and I love you. Try to forgive me. I’m a mood Gemini. I’m sorry. I’m so sorry. Ow, that really hurt. You are all very strong. Teamwork makes the dream work."
