This news has been received from: CNN
All trademarks, copyrights, videos, photos and logos are owned by respective news sources. News stories, videos and live streams are from trusted sources.
(CNN)Officials in Aurora, Colorado, said Tuesday that an independent monitor will be set up to scrutinize police discipline and transparency after an investigation triggered by the in-custody death of Elijah McClain found a failed system of accountability.
"I believe the investigative team has identified the issue that is at the root of the case: the failure of a system of accountability," Aurora City Manager Jim Twombly told reporters Tuesday.
McClain died in August 2019, three days after he was stopped by Aurora police, put in a carotid hold, and injected with ketamine. No charges were brought against the officers
because District Attorney Dave Young wrote in a June 2020 letter that prosecutors lacked evidence to prove the officers caused McClain's death or that their force was unjustified.
The 157-page report released Monday was highly critical of police and fire rescue teams in the Denver suburb."I will be pursuing with mayor and council the establishment of an independent monitor to help us enhance the accountability and transparency of the police department and gain the trust of the public," Twombly said Tuesday.Read MoreThe report questioned the officers' statements about McClain's "superior strength," criticized emergency medical responders' decision to inject him with the sedative, and admonished the police department for failing to seriously question the officers afterward."At the time of the (ketamine) injection, Mr. McClain had not moved or made any sounds for about one minute," the report stated. "In addition, EMS administered a ketamine
dosage based on a grossly inaccurate and inflated estimate of Mr. McClain's size."
JUST WATCHEDSee the police encounter that led to Elijah McClain's death
ReplayMore Videos ...MUST WATCH
See the police encounter that led to Elijah McClain's death 02:46Twombly praised Police Chief Vanessa Wilson for making "great strides" in implementing new policies and improved training but said, "a system of accountability should not be dependent on who sits in the chief's chair.""It needs to be put into place so that it functions and represents the community's desire for constitutional, unbiased, and respectable policing that holds officers accountable," he said in a video conference with reporters. "I believe an independent monitor can help us achieve that."Wilson acknowledged the "extreme anger and grief" endured by McClain's family and friends and said she agreed with the hiring of an independent monitor."The bottom line is Elijah McClain should still be here today," she said. "I know the trust is broken and I know we have a long way to go."On Monday, Sheneen McClain cried reading the independent investigative report that said Colorado police officers involved in her son's death did not have the legal basis to stop, frisk or restrain him."It was overwhelming knowing my son was innocent the entire time and just waiting on the facts and proof of it," Sheneen McClain told CNN. "My son's name is cleared now. He's no longer labeled a suspect. He is actually a victim."Sheneen McClain admitted through tears that she has watched the body camera footage of her son's death over and over because she never got to say goodbye."I looked at everything that happened to him because it's my responsibility," she said. "Even in death, he's still my son. His name, his legacy. All that matters."The attorneys for McClain's mother released a statement Monday praising the investigative report and slamming the police department's "sham investigation.""Aurora is responsible for Elijah's tragic death by virtue of its employees' unlawful and unconscionable actions," the attorneys said."Elijah believed in humanity and that humanity mattered," Sheneen McClain said in the statement. "Inhumane humans are a problem and we must stop unjust laws.""This report confirms what we have been saying from the start," McClain's father, LaWayne Mosley, said in a statement. "The Aurora police and medics who murdered my son must be held accountable."
Elijah McClain died after a police encounter almost one year ago. Heres what happened sinceThe Aurora City Council paid for the independent examination of McClain's case. The investigation was conducted by a panel made up of Jonathan Smith, executive director of the Washington Lawyer's Committee for Civil Rights and Urban Affairs; Roberto Villaseñor, the former Tucson, Arizona, police chief; and Dr. Melissa Costello, a practicing emergency medicine physician and EMS medical director based in Mobile, Alabama.The panel relied on the 911 call, officer
body camera footage, reports and narratives, and medical records. The panel also relied on seven filmed interviews with officers and first responders conducted by an Aurora Police Major Crime/Homicide Unit detective. These seven witnesses declined to be interviewed by the panel.McClain's death days after his interactions with police brought renewed scrutiny of the use of carotid holds and the sedative ketamine during law enforcement stops. His case gained renewed attention during Black Lives Matter protests over the summer in the wake of the police killings of George Floyd and Breonna Taylor.A call about a person in a ski maskMcClain, a massage therapist, musician, and animal lover, was walking home from a convenience store with an iced tea when he was confronted by three Aurora Police officers responding to a call about a person wearing a ski mask. The caller described the person as "sketchy" but added he "might be a good person or a bad person." A police news release said McClain "resisted contact" with officers before a struggle ensued.The investigative report released Monday noted that an officer must have a "reasonable" suspicion of criminal activity to conduct a stop. The decision to stop McClain, however, "did not appear to be supported" by any officer's reasonable suspicion that McClain was engaged in criminal activity.Next, the three officers decided to frisk McClain for weapons, which is legally allowed only where there is a belief that safety is in danger, the report states. The panel was not able to identify sufficient evidence that he was armed and dangerous to justify a frisk.
Elijah McClain was a massage therapist who wanted to heal others, his mother says"The Panel also notes that one officer's explanation that Aurora officers are trained to 'take action before it escalates' does not meet the constitutional requirement of reasonable suspicion," the report says.The officers further held his arms and tried to physically move him onto the grass, which also can be legal only if there is probable cause that a crime occurred, the report states.In officers' body camera footage, McClain is seen telling the officers, "I'm an introvert, please respect the boundaries that I am speaking.""Relax," an officer says at one point, "or I'm going to have to change this situation."Before an officer wrestles him to the ground, McClain is heard telling the officers he was trying to stop his music so that he could listen to them.At one point, one officer tells another, "He just grabbed your gun, dude." One officer tells McClain that he will "bring my dog out and he's going to bite you" if McClain keeps "messing around." Video shows an officer wrestle McClain to the ground.While on the ground, an officer attempted to apply a carotid hold, which restricts blood flow to the brain, to McClain for an undetermined amount of time, the report states. The hold is not clearly captured in the footage."The record therefore does not provide evidence of the officers' perception of a threat that would justify (the officer's) carotid hold, which caused Mr. McClain to either partially or fully lose consciousness," the panel writes.The report also notes the sharp contrast between officers' comments about McClain's strength and the audio and video of the incident."The officers' statements on the scene and in subsequent recorded interviews suggest a violent and relentless struggle," the report states. "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."Paramedics with the Aurora Fire Rescue arrived at the scene but did not immediately render aid or examine McClain, the report says. Instead, paramedics determined McClain's behavior was consistent with "excited delirium," and so decided to administer ketamine in an attempt to sedate him.The Aurora Fire lieutenant advised the paramedics to draw a dose of ketamine based on an estimate that McClain weighed about 190 pounds, the report states. In fact, he weighed 140 pounds.McClain was taken to a hospital but suffered a heart attack on the way, and he was declared brain-dead three days later, the report said.
People march in the street to protest the death of Elijah McClain on July 25, 2020, in Aurora, Colorado.The report was critical of the police investigation of those on the scene. The investigator's interviews failed to ask basic critical questions about the justification for the use of force, and the incident was never referred to Internal Affairs investigators."The Aurora Police Department's Major Crime/Homicide Unit investigation of the death of Mr. McClain raised serious concerns for the Panel and revealed significant weaknesses in the Department's accountability systems," the report states.The autopsy conducted by the county coroner did not determine the cause of death but noted "intense physical exertion and a narrow left coronary artery" were contributing factors.
Two strangers, with the same first name, and a terrifying story about ketamine in policingThe autopsy report noted McClain's history of asthma and the carotid hold, though the autopsy did not determine whether it contributed to McClain's death. The concentration of ketamine in his system was at a "therapeutic level," the report said.The McClain's family attorney, Mari Newman, has called the autopsy "very strange." She has said it "ignores the most obvious factor, which is a perfectly healthy young man is walking home from the drug store with a bottle of iced tea in a bag and he ends up dead."In November 2019, the district attorney declined to press charges against the officers involved, citing the autopsy. "I cannot take a case to the jury where I don't know what the cause of death is on a homicide case," Young told CNN's Chris Cuomo in June 2020.But Black Lives Matter protests brought renewed attention to the case, and Gov. Jared Polis appointed state Attorney General Phil Weiser to investigate as a special prosecutor. Weiser opened a grand jury investigation into McClain's death last month.Three Aurora Police officers were fired and one resigned in July after photos leaked of officers taking smiling selfies and reenacting the carotid hold at a memorial site for McClain.
The death also brought closer scrutiny of the sedative drug ketamine, which has been increasingly used for law enforcement purposes on people experiencing "excited delirium." The Colorado Department of Public Health and Environment is reviewing its program that allows ketamine to be administered outside of hospital settings.The city has in place a 30-day moratorium on the use of ketamine.
News Source: CNN
to elijah mcclain’s death
elijah mcclain’s death
to elijah mcclain’s
to mcclain’s death
three aurora police officers
her son’s death
black lives matter protests
death of elijah mcclain
the police department
against the officers
body camera footage
a massage therapist
the cause of death
the report states
the aurora police
the aurora police
the report says
the report said
and the audio
to the ground
at one point
on the scene
at one point
Active Weather Pattern That Produced Historic Winter Storms Brings Weekend Rain
Arrests made after Daniel Prude protesters in New York City attack pedestrians: Report
Several demonstrators were arrested in New York City on Wednesday after protesters reportedly attacked bystanders during a march for Daniel Prude, a black man who died months ago after being placed in police custody.
The unrest follows a Rochester grand jury's Tuesday decision not to levy charges against officers involved in Prude's death.
An estimated 300 law enforcement personnel responded to reports of dozens of unruly demonstrators spray-painting a cab in Brooklyn and assaulting pedestrians in the evening, witnesses told the New York Post. Witnesses also said at least nine people were apprehended, and police told the outlet some were arrested, but an exact number was not specified.
NO CHARGES FOR OFFICERS INVOLVED IN DANIEL PRUDE'S DEATH AFTER GRAND JURY DECLINES TO INDICT
The New York City Police Department did not immediately respond to a request for comment from the Washington Examiner.
In March 2020, the 41-year-old Prude was acting erratically, and law enforcement officers later arrived to assist. Footage surfaced weeks later, showing Prude naked with a hood over his face while officers tried to restrain him. He later died of "complications of asphyxia in the setting of physical restraint," according to a medical examiner.
"A grand jury has voted not to indict any police officer on charges related to the death of Daniel Prude," New York Attorney General Letitia James wrote in a Twitter thread Tuesday afternoon. "My office concluded there was sufficient evidence surrounding Mr. Prude’s death to present the case to a grand jury, and we presented the most comprehensive case possible."
News of Prude's death surfaced following protests and riots that resulted from the death of George Floyd, a black man who died after a Minneapolis police officer knelt on his neck for over eight minutes toward the end of May 2020. Prude's death amplified calls to reform law enforcement and reallocate funding.
Hundreds took to the streets in Rochester following the jury verdict, but no arrests were made despite a large law enforcement presence.
CLICK HERE TO READ MORE FROM THE WASHINGTON EXAMINER
“Daniel Prude was in the throes of a mental health crisis and what he needed was compassion, care, and help from trained professionals. Tragically, he received none of those things,” James said in the announcement. "The current laws on deadly force have created a system that utterly and abjectly failed Mr. Prude and so many others before him. Serious reform is needed, not only at the Rochester Police Department, but to our criminal justice system as a whole. I will be pursuing a multifaceted approach to address the very issues that have prevented us from holding officers accountable when they improperly use deadly force. I am committed to effecting the change that is so desperately needed, and I will be unshakeable in my efforts to see it through.”
News New York City NYPD Protests Riots Unrest George Floyd New York Law Enforcement Police