Elijah Jovan McClain (February 25, 1996 – August 30, 2019) was a 23-year-old

African-American African Americans (also referred to as Black Americans and Afro-Americans) are an Race and ethnicity in the United States, ethnic group consisting of Americans with partial or total ancestry from sub-Saharan Africa. The term "African American ...

massage therapist from

Aurora, Colorado Aurora (, ) is a List of municipalities in Colorado#Home rule municipality, home rule municipality located in Arapahoe County, Colorado, Arapahoe, Adams County, Colorado, Adams, and Douglas County, Colorado, Douglas List of counties in Colorado, ...

, who died six days after a violent police encounter, during which he was injected with ketamine by paramedics to sedate him. 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 cameras were knocked off during a struggle with McClain. McClain was forcibly held to the ground with his hands cuffed behind his back, after which paramedics Jeremy Cooper and Peter Cichuniec administered

ketamine Ketamine is a dissociative anesthetic used medically for induction and maintenance of anesthesia. It is also used as a recreational drug. It is one of the safest anesthetics, as, in contrast with opiates, ether, and propofol, it suppresses ne ...

to McClain to sedate him. While on scene McClain went into

cardiac arrest Cardiac arrest is when the heart suddenly and unexpectedly stops beating. It is a medical emergency that, without immediate medical intervention, will result in sudden cardiac death within minutes. Cardiopulmonary resuscitation (CPR) and possib ...

. 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 basic ...

on August 30. McClain's original

autopsy An autopsy (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 death or to evaluate any di ...

report was inconclusive and the

cause of death In law, medicine, and statistics, cause of death is an official determination of 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. The cause of death is ...

was listed as undetermined by the coroner. Aurora Police officers met with the coroner before his announcement, and police investigators were also present during the autopsy. In September 2022, the autopsy report was amended to list the cause of death 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 distinc ...

was still listed as "undetermined" rather than "homicide". On June 24, 2020, after a social media outcry and Aurora lawmakers' requests for a new, third-party investigation into McClain's death, Colorado Governor

Jared Polis Jared Schutz Polis (; born May 12, 1975) is an American politician, entrepreneur, businessman, and philanthropist, serving as the 43rd governor of Colorado since January 2019. He served one term on the Colorado State Board of Education from 20 ...

announced his administration would reexamine the case. Five days later, photos that were taken in October 2019 which showed officers posing inappropriately and reenacting the carotid restraint used on McClain, taken at the site he was detained, were discovered. One officer resigned and three 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 do 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 cen ...

and other lesser charges for the death of Elijah McClain. As of October 2022, all five of them were still free on bond awaiting trial.

Background

At the time of his death, Elijah McClain had been a massage therapist 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, 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 brought his instruments to animal shelters and played for the abandoned animals, believing that music put them at ease. 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."

Death

On the evening of August 24, 2019, an Aurora civilian called

9-1-1 , usually written 911, is an emergency telephone number for the United States, Canada, Mexico, Panama, Palau, Argentina, Philippines, Jordan, as well as the North American Numbering Plan (NANP), one of eight N11 codes. Like other emergency nu ...

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 associated with the Black Lives Matter movement in the United States. The phrase originates from the last words of Eric Garner, an unarmed man who was killed in 2014 after being put in a chokehold by a New York C ...

". 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) (Entry "carotid"
in
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 . Without speaking with or touching him, paramedics injected him with 500 mg of

, a dose that would have been too much for a 200-lb. individual, as a sedative for so-called "

excited delirium Excited delirium (ExDS), also known as agitated delirium (AgDS), is a controversial diagnosis sometimes characterized as a potentially fatal state of extreme agitation and delirium. It is typically diagnosed postmortem in young adult males, dispr ...

". 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 necessary to sustain life. It differs from persistent vegetative state, in which the person is alive and some aut ...

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 audio, video, or photographic recording system. Body cameras have a range of uses and designs, of which the best-known use is as a part of poli ...

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 The traits of extraversion (also spelled extroversion Retrieved 2018-02-21.) and introversion are a central dimension in some human personality theories. The terms ''introversion'' and ''extraversion'' were introduced into psychology by Carl J ...
. 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 may refer to: Space * Gemini (constellation), one of the constellations of the zodiac ** Gemini in Chinese astronomy * Project Gemini, the second U.S. crewed spaceflight program * Gemini Observatory, consisting of telescopes in the Northern ...
. 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 Manner of death, the manner or cause of death, and to 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

could not be determined and was therefore was listed as undetermined. The county coroner Dr. Stephen Cina stated that it may have been an accident resulting from an idiosyncratic drug reaction, could have been

homicide Homicide occurs when a person kills another person. A homicide requires only a volitional act or omission that causes the death of another, and thus a homicide may result from accidental, reckless, or negligent acts even if there is no inten ...

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 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 wheezing, cou ...

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 stat ...

it was confirmed that the autopsy had been updated to list the

as "complications of ketamine administration following forcible restraint", but the

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 abnormal pattern of breathing and brainstem reflex characterized by gasping, labored breathing, accompanied by strange vocalizations and myoclonus. Possible causes include ...
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. The definition of administrative leav ...

. 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 ...

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, 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

appointed a special prosecutor to investigate McClain's death. He also signed an executive order directing the Attorney General, Phil Weiser, 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 died. 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 ''Alta Velocidad Española'' (''AVE'') is a service of high-speed rail in Spain operated by Renfe, the Spanish national railway company, at speeds of up to . As of December 2021, the Spanish high-speed rail network, on part of which the AVE s ...

teach human decency."

Use of ketamine questioned

In Colorado, EMS providers are allowed to use

to treat a syndrome known as

. 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 500mg is an appropriate dose. According to information provided to

NBC The National Broadcasting Company (NBC) is an American English-language commercial broadcast television and radio network. The flagship property of the NBC Entertainment division of NBCUniversal, a division of Comcast, its headquarters are l ...

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 (also known as Columbia, and officially as Columbia University in the City of New York) is a private research university in New York City. Established in 1754 as King's College on the grounds of Trinity Church in Manhatt ...

'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 a professional association and lobbying group of physicians and medical students. Founded in 1847, it is headquartered in Chicago, Illinois. Membership was approximately 240,000 in 2016. The AMA's state ...

, 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 37,000 members are involve ...

, and the

World Health Organization The World Health Organization (WHO) is a specialized agency of the United Nations responsible for international public health. The WHO Constitution states its main objective as "the attainment by all peoples of the highest possible level of h ...

do not recognize the condition. 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 a nonprofit organization founded in 1920 "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States". 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, 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 chose to set it apart from other news programs by using a unique styl ...

'', 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 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—a group of citizens—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 pe ...

indicted Aurora officers Roedema, Rosenblatt and Woodyard and also 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, Cooper and Cichuniec were each indicted on three counts of assault and six counts of crime of violence. In April 2022 all five of them were still free on bond.

Release of the unredacted, amended autopsy report

In September 2022,

CPR News 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 st ...

(

) filed a lawsuit, in which they were joined by the

Associated Press The Associated Press (AP) is an American non-profit news agency headquartered in New York City. Founded in 1846, it operates as a cooperative, unincorporated association. It produces news reports that are distributed to its members, U.S. newspa ...

(

AP News The Associated Press (AP) is an American non-profit news agency headquartered in New York City. Founded in 1846, it operates as a cooperative, unincorporated association. It produces news reports that are distributed to its members, U.S. newspa ...

KCNC-TV KCNC-TV (channel 4) is a television station in Denver, Colorado, United States, airing programming from the CBS network. It is owned and operated by the network's CBS News and Stations division, and maintains studios on Lincoln Street (between ...

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. The two stations are owned by Nexstar Media Gr ...

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-licensed translato ...

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). Both stations share studios on East Speer Boulevard in Denver's S ...

, 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.

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, especially the unlawful killing of another human with malice aforethought. ("The killing of another person wit ...

of George Floyd 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 consolidated city and county, the capital, and most populous city of the U.S. state of Colorado. Its population was 715,522 at the 2020 census, a 19.22% increase since 2010. It is the 19th-most populous city in the Unit ...

, alongside murals of George Floyd and

Breonna Taylor Breonna Taylor, a 26-year-old African-American woman, was fatally shot in her Louisville, Kentucky apartment on March 13, 2020, when at least seven police officers forced entry into the apartment as part of an investigation into drug dealing op ...

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, began to gather in City Center Park and musicians formed a circle and began to play a violin concert in memory of McClain, who had been an accomplished violinist. At that time the police announced that the protest was now an "illegal gathering", and ordered people to leave the park or they would use pepper spray to disperse them. Shortly thereafter the police, dressed in riot gear, moved into the crowd. Several attendees reported that smoke and gas canisters were used. A police statement later reported that "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 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 pe ...

, who played her arrangement of the song "

Hallelujah ''Hallelujah'' ( ; he, ''haləlū-Yāh'', meaning "praise Yah") is an interjection used as an expression of gratitude to God. The term is used 24 times in the Hebrew Bible (in the book of Psalms), twice in deuterocanonical books, and four tim ...

", and violinist and vocalist Sudan Archives. After McClain's death, a petition was published on the public benefit corporation website,

change.org Change.org is a worldwide nonprofit petition website, based in California, US, operated by the San Francisco-based company of the same name, which has over 400 million users and offers the public the ability to promote the petitions they care abo ...

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 and

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 in the United States, established in 2004. Its members are active in a wide range of movements including the labor, anti-war, immigrants' rights, women's rights, and anti-police ...

and 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 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 title s ...

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.

References

External links