How are you a parent of a special needs child of color under current circumstances? Or a child with mental health or substance abuse issues?
What can you tell your children? How do you sleep when they are away?
How on earth do you keep them safe?
This is like living under siege. In enemy territory.
29
These “Police Associations” ….. again.
Out of control rogue entities.
39
It’s reasonable to assume that a report of : a man wearing a ski mask in August, prompted the initial police response.
It would also be reasonable to assume that the police would reevaluate their standard methods of restraint after this debacle.
A carotid restraint is barely different than a chokehold and difficult to apply without serious injury or a fatality.
And what official guideline recommends injecting a handcuffed suspect with animal tranquilizer?
That the paramedic guessed the weight of a 5 foot 6 140 pound man at 220 pounds, would go a long way to explaining this death and convince any reasonable authority that this practice is extremely flawed and too dangerous for field use.
The failure of the local Prosecutors is typical of an obvious conflict of interest and a lack of proper accountability of police forces. Local prosecutors need a close working relationship with the police who investigate and testify in their cases. We need an independent legal oversight of all police department if we are ever to hold officers to the ethical standards.
The local Police Association knee jerk reaction was particularly tone deaf and depressing and added to the justifiable anger and public reaction. Unfortunately there are no national ethical guidelines for police based on Constitutional protections. The Aurora Police tactics were practically Guaranteed to kill someone
27
Just watch the body camera footage. It is heart breaking to see this innocent man accosted by the police
for WWB - gorillas in uniform who KILLED him with the willing assistance of EMTS. Perhaps their conviction will allow his soul to rest easy but I am not sure I can look at police the same way again.
29
walking while black and different was a crime - at least that night in aurora, colorado. the officers and paramedics should pay. what terrible lack of judgment they all showed. a young man lost his life - an innocent life - because of their alleged irresponsible actions. tragic beyond belief.
26
How can the police even defend the officers actions. He was a youngman who had done nothing wrong. He was assaulted by the police and again by parametics when they injected him against his will without a doctor present then didnt bother to monitor him. All of them belong in jail, though it is small comfort to his family. My hearts breaks for this gentile young man and his poor mother.
36
What exactly constitutes "Suspicious Persons" report"
I didn't see any evidence of why someone would make a call to the cops saying "I see a suspicious person walking down the street".
What did 911 operator say in response to some idiot calling in saying 'I see a suspicious person walking down the street? "Okay are they black? Officers will be sent right out?
Why hasn't that 911 call been released?
And why hasn't the person who made it been called in to explain publicly why they made that call?
Why hasn't the 911 operator been called in as well? WHY would she or he say officers will be sent out?
This whole thing is pure racism.
30
And I am getting sick of these people who hate education showing up at school board meetings in tears crying they’re not racist they just don’t want their kids to learn about black history. Well most of us do want to learn about African American history. We want to know why the man in the famous Civil War photograph by William D. McPherson has his entire back horribly scarred from whip marks. Who did this and why.
25
You have to wonder if this was racial, but more unadulterated stupidity. Seems like the initial stop had a racial component, then ignorance and stupidity took over. How much resistance could this poor kid have put up? I'm not always in favor of charging police officers criminally, but that step seems appropriate here? And what were the paramedics thinking?
18
This story is beyond disturbing. Murdered for walking while black and possibly on the autism spectrum? How can any EMT administer ketamine to a handcuffed man? What could the cop possibly have thought to justify the brutality inflicted on Elijah for nothing?
33
Again---we are a sick nation; filled with ignorance & abuse of authority. This young man was murdered by a group of criminals. Lord help those whose skin is not white. All of these people need to spend time in jail and never allowed to work in their field again. The entire police force needs to be removed starting with the head person.
21
This indictment is a step in the right direction. Elijah McClain did nothing wrong, and certainly nothing justifying what happened to him; he did not run, did not struggle, and clearly explained his actions. He deserves justice, and this indictment is a step towards that justice.
Of course the Police Association will say their members did nothing wrong; what else *would* they say? Expecting otherwise is naïve; such associations exist to support and protect their members, regardless of the career field. And no matter what one believes about the events that led to Mr. McClain's death, those indicted are still, in this country, innocent until proven guilty - no matter what the court of public opinion says, which is that they *are* guilty, in varying degrees, they are still entitled to a trial by jury, unless they waive that right. I can only hope that the trial is fair, and the outcome is decided based on facts and evidence; emotions are running high on this and similar suits around the country, and rightfully so.
13
Reading the independent review of the encounter is devastating.
It depicts the cold-blooded, calculated murder of a weak and vulnerable individual, in a practiced routine:
"He grabbed your gun, dude."
Please.
That's code for, we have the body cams covered.
We've planted the legally required rationale.
Now, let's all turn our cameras off, together.
Smoke and mirrors.
Elijah is dead now and nothing can bring him back.
They deserve the full weight of justice to bear down on them.
21
According to the autopsy report Mr, McClain was 5'6" and weighed 140 pounds. Supposedly it took 3 police officers to restrain him and the paramedics gave him a dose of ketamine based on the estimate that he weighed 100K (220 pounds!). But the officers did nothing wrong?
My condolences to his family.
I've been known to dress "weird" and walk while listening to music using ear buds. My dancing while walking could easily be described as flailing. My first reaction if accosted by the police would be fear and confusion that would probably cause difficulty processing what was happening and following directions. I'm a little old lady and I'm afraid of the police and maybe now EMT's.
22
There is another death that should be in the headlines. The death of Troy Goode at the hands of the police and paramedics in Mississippi. Different day same out come . LOCK THEM UP.
9
Colorado doesn't have one single decent judge at any level in the state and worse they are appointed for life and do a terrible job to boot. We have the meanest system in the country which is why I'm shocked that there are indictments at all. You see it's impossible for mere citizens to use the courts in this state for themselves our courts even prohibit lawsuits due to excessive court costs which of course are unconstitutional.
In this state we are not even allowed to know how public defenders get paid in fact if you even ask you will be punished.
12
While there is no statute for compassion the officers were not interested in what Elijah was trying to convey. What appeared to be a rather slight young man who explained “I’m different!” fell on deaf ears and hardened hearts. For the paramedics to take such reckless action is beyond words. Such a maddeningly tragic story.
31
Sometimes the Police do themselves no favors when they categorically deny that their officers could ever be capable of doing anything wrong, or having made any wrong decisions or actions.
When a slightly built, young person is walking with headphones on, non-aggressively reacts to being attacked (honestly, every time I re-read his saying "I'm sorry" to the cops, my hearts breaks anew for Elijah), and winds up dead for no good reason, then THIS statement is exactly the opposite of what his department should say: “Our officers did nothing wrong,” the group said, adding, “The hysterical overreaction to this case has severely damaged the Police Department.”
That is a heartless, disgusting thing to state when standing over an innocent young man's murdered body.
53
"“Our officers did nothing wrong,” the group said, adding, “The hysterical overreaction to this case has severely damaged the Police Department.”"
Elijah McClain is Dead. Obviously the Officers did something wrong!
81
Until we see the police killing of McClain and all black men in these encounters as a crime against all of us our country will never transcend our racial divisions. Elijah McCain's humanity was on full display as he pleaded for his life. His fear was heart wrenching. The cops were indifferent and incapable of deescalating a non-threatening situation. Tranquilizing this harmless man while handcuffed was also criminal. Let justice be served.
58
As a paramedic this story made me physically ill. They did not bother to talk to Mr. Mcain , take his vitals, conduct a patient assessment, nothing.
The medics gave him an anesthetic (ketamine) where MUST we monitor vitals- airway, breathing and circulation most especially; did they even do CPR when he went into cardiac arrest?
Racism and bigotry within EMS/First are is another thing no one is really talking about. They exists and it’s ugly.
73
I have no axe to grind and no knowledge of the events but as an outsider I find the remarks, if correctly reported, of the prosecuting attorney to be extraordinary, In this Country prosecutors just do the job, not make inflammatory statements.
Of course, justice has broken down in both Countries, how can prosecution and trial 2 years after an event be justice. It's happening here as well. What a joke,
9
@David the prosecutor's statements were not inflammatory. Please watch Elijah's murder video to understand how devastatingly cruel the police and paramedics behaviors were in this entire incident. Then you will understand that everything the prosection has been saying is justified. There is nothing more sickening than having to hear excuses from a police force that killed an innocent boy simply for existing and asking permission to walk home without being harassed for being black. The response of the prosecution is EXACTLY what their job entails: watching something horrible and having a reaction to it which compels them to speak truth and bring a community together to seek justice. If tears aren't your reaction by the end of Elijah's video, then I have nothing else to say.
17
@TC
I agree with everything you have written, TC but if you want someone to watch the video of this murder please include a link to said video. I, myself, cannot find it.
4
While I am not an American, I do, however, have friends and relatives over there. And that affects my feelings as well in writing this post.
After 400 years of SLAVERY, one would reasonably expect that Americans, collectively, learn HOW to deal with people of different skin colors. Especially people working in law enforcement like police.
When enough is ENOUGH of this blatant violation and terrible treatment toward black people by police?
26
As a biracial American, the outrage from liberals over this tragic death is unusual and deeply disappointing. Hundreds of black men who look exactly like McLain are gunned down in my city of Philadelphia every year. But, silence is the only response.
This highly selective sadness of my white birthed and sisters pains me deeply. Violence is ravaging my city. Let’s step up.
19
But whatever are you on about?
This is Aurora, Colorado.
Do try and keep up.
27
It’s America. And these tragic stories get all kinds of coverage. Meanwhile, my brown brothers and sisters are being gunned down without any media attention. Every single day.
20
@Paul
Mark is saying that the same thing happens regularly in his city, Philadelphia. It's not just in Aurora. And that when it happens in Philadelphia no one speaks up about it--because it is so common is the implication. Whereas, in Aurora it is being talked about. Please try to keep up.
39
Of all the assaults by police upon citizens, I have always been most troubled by the Elijah McClain case.
US criminal law distinguishes between a stop, where the police have - and exercised - the legal authority to detain someone, and a social contact where officers lack authority to stop a citizen and any amount of physical force is illegal. The standards for the line between these interactions is defined in Ohio v Terry, and US v Mendenhall.
Watching the body cam of the Elijah McClain incident it is quite clear there was no legal authority for any use of force. A citizen is supposed to be able to walk away from the police if they lack legal authority to detain the citizen.
The Aurora police clearly escalated because Mr. McClain was exercising his constitutional rights. And they killed him for it.
Such behavior by the police and government makes a mockery of any sembelence of constitutional order.
108
@Rob
Clearly. the police had reasonable suspicion based on his behavior, failure to respond and a complaint called in. This allows the cops to briefly detain him, which he refused to do and there was an escalation when an officer claimed that Mr. McClain was trying to grab his gun.
Ohio vs. Terry involves stop and frisk, not briefly detaining for the purpose of questioning.
Once they suspected Mr. McClain reached for their gun, they also have probable cause.
@James Come on! I don't think "looking suspicious" while walking down the street is a crime.
10
@James you are misguided. Police can only detain if there is a crime or suspicion of a crime. Acting suspicious is not a valid justification to detain.
9
Is it illegal for a prosecutor to refuse to pursue justice? If this was the 1800s and the case occurred in the Deep South, I’d cringe and think thank god we live in the here and now where video evidence is nearly irrefutable. In this instance, the prosecutor bears witness to the crime via video and still says “that’s not criminal.” If it was someone in an inconsequential position making that statement it could be dismissed as expression of opinion. But this is someone positing a professional opinion. It should have consequences for them also, no?
25
@Realist Prosecutors depend on the police to bear witness in their cases creating a situation where local DAs are reluctant to prosecute police officers. That is why all potential wrongdoing of the public by police should be handled by a special prosecutor that has no skin in the game.
17
"Mr. McClain was unarmed and had not been suspected of committing any crime."
And yet, the department insists the protests are a "hysterical overreaction"? Are those cops so confident that their use of force against ordinary citizens, without any legal reason for arrest, is righteous? Every officer who holds that view is a danger to the public and needs to be fired. Enough already with the irresponsible aggression that has become normal for the police!
66
@Gray Goods
The police department said procedure followed. The Police Association said hysterical reaction. PBA style groups are not official, not regulated and never criticize members. Let’s keep the situation straight if we are to convince the government of the need to reform the police. The association must find its own moral compass.
4
The PBA represents cops. Not the public and most certainly not the victims of the crimes they commit.
3
Aurora: also the city where a white young man can kill 12 and wound 70 in a movie theater, yet live to see prison because police somehow manage to take him into custody even though he’s wearing full ballistic gear, a gas mask (for the tear gas canisters he threw), and carrying an AR-15 rifle, a 12-gauge shotgun and handguns.
127
What a terrible story. That comment that the officers did “nothing wrong” is obscene. They were wrong to put him in a chokehold. Wrong to inject him with ketamine. Why were they suspicious? Because he was Black, and that’s pretty much it. The injustice of this crime is infuriating. The man who “loved animals and taught himself to play the violin” is dead because of the despicable disregard so many police officers have of POC. Find them guilty! Off to jail!
62
Among the many tragic deaths reported last year at the height of the BLM movement, Elijah's story broke my heart the most. Justice must be done.
34
A language and usage note. Not so much for this article, but it comes up from the alert the NYT sent to newsletter subscribers about this article. Grand juries don't hand "down" indictments. They hand them "up". This and other details about how the system works are here:
https://www.cjr.org/language_corner/indict-grand-jury-prosecutor.php
10
Throw the book at them. They murdered that kid and laughed about it later. The Aurora Police Department itself should be rebuilt from the ground-up.
76
@Steve Singer - no, that police department should be DEMOLISHED and replaced by a Department of Public Safety & Compassion.
Remember the Black mom and children (the youngest was 6) forced by Aurora cops to lie facedown on hot pavement for the crime of driving a nice car?
https://www.nytimes.com/2021/01/08/us/aurora-colorado-police-black-family.html
Aurora PD is irredeemable.
13
A black man was singing and being happy. He did everything the police requested and they still took him down. Wasn't it obvious why he was hysterical, for a reason, he feared for his life.
Was he really a threat? Now he is dead and for decades to come Aroura police will do everything possible to paint him as a threat to them.
Such tragedy, such waste.
79
This is so sad .. It is hard to take .. I find myself crying for this young man esp when I read what he said to these horrible people as he was dying ... just looking at his photo here you can see he seems like such a gentle person .. ' Our officers did nothing wrong ' ... my lord it is beyond reason
79
@ Doctor Woo
Yes! He looked like a kind, gentle soul who *would* love animals and teach himself to play violin. It makes me cry, thinking of this young man walking, listening to music and looking forward to getting home and drinking his iced tea, and then being murdered by “law enforcement” for basically being Black in a mostly white town. Just tragic.
41
Once again this shows the need for psychiatric and mental health training for police. (Actually it also shows the need for psychiatric and mental health screening of LEOs).
PERT Psychiatric Emergency Response Teams have officers paired with trained psychiatric personnel who can respond in cases like this. That leaves officers to deal with actual crime.
The trick is that dispatchers and LEO's need to recognize when PERT is needed and not fall directly into the "Everyone is a criminal engaged in dangerous criminal behavior. Especially anyone who is of color or different than me."
22
“Our officers did nothing wrong,” the group said, adding, “The hysterical overreaction to this case has severely damaged the Police Department.” says Police Chief.
An equal and opposite reaction by the general public might change that perception for some. Or it might not, like in this case. So the struggle continues, till the end.
23
@wazdude
That police chief should be fired for stupidity.
The “hysterical overreaction” comes from a community that doesn’t want to be murdered in cold blood out on the street while simply going about its routine business — while walking home from a food store, say — by callous, racist, incompetent and indifferent Aurora Police Department employees. The chief’s own police department damaged itself through its misconduct; simply by being itself — its vile, foul inner self.
30
From my understanding, Elijah had on headphones and was dancing to music while walking home at 10:30 at night. Someone who saw him felt the need to report that to police. How could that lead to such tragic consequences?
33
@Herman Villanova It is called racism.
52
@Herman Villanova
The ski mask in August might have prompted the call describing a suspicious man.
The police following its standard but dangerous method of was restraint was bound to kill suspects. This one made the news.
1
@Herman Villanova
Not uncommon. The 911 calls are never specific or detailed. It's always a "looked suspicious", "I don't know if he had a gun but...". You recall Treyvon had slip of paper with an address on it and checked it as he walked. He was dead minutes later.
9
It was emotionally challenging to get through the report provided in the article’s link. It was upsetting and heartbreaking.
26
What's sad to me is that the "criminal justice" system initially reaction was to dismiss this case. It's only because of when it happened, the victim's mother and local/national outrage did the political apparatus feel compelled to act. Remember, the initial prosecutor looked at this same information and saw no case here. Ask yourself how often this occurs? Still even post-George Floyd or Breonna Taylor. Generally speaking we've been told that most don't support "defund the police", I don't know if this is true however, if there is no real reform then you are asking for more senseless murder of people whose only crime was not being either white enough or "normal" enough (I think of those who've been mistreated/murdered who have mental health issues).
39
Police unions are destroying the credibility of police forces across the country.
79
@John
What credibility? They have no credibility. They’re lying bullies and enforcers. Did Al Capone’s button-men have any credibility? They had plenty of guns and legal immunity but no credibility. They too were “enforcers”. I’ve often heard our saintly police derided as “crooks with badges”.
20
@John - you’ve nailed it! Adam Serwer explains how police unions are actually the root of this festering problem.
“Like any other type of union, police unions view their duty as protecting the interests of their dues-paying members. Yet these unions are fundamentally different, because their members are armed agents of the state.
“In practice, this means police unions reflexively come to the defense of men like Chauvin, while opposing any meaningful reforms of department procedures.”
https://www.theatlantic.com/magazine/archive/2021/07/bust-the-police-unions/619006/
3
No, the hysteria is not the criminal charges, it is the knee-jerk reaction of the police: defending grievously wrong and murderous behavior. We're forever hearing that "it's just a few bad apples", and that "not all police are bad". Here's their chance to prove that statement. Yes, they are bad apples, but SO ARE YOU, if you defend them reflexively, just because they're cops.
57
@maxinesue
People have forgotten the point of the “bad apple” analogy:
One bad apple spoils the whole barrel!
The whole barrel is rotten and cannot be saved. It’s time to throw this entire system of policing into the trash and replace it with the “Department of Public Safety & Compassion” model.
5
@maxinesue "Bad Apples"!? if that is the case maybe the who orchard needs to be cut down. Further, the person that called the police should be brought up on murder charges for making a possible false statement resulting in the death of an unarmed man who did nothing wrong.
2
It would appear that the Aurora Police and Fire Departments plus the Aurora Police Association should all be indicted as co-conspirators...they deliberately chose to cover up a crime committed by their subordinates and members.
Until the police can police themselves, no citizen is safe from the linear descendants of the antebellum slave hunters. It is the culture of American policing.
49
@Patrick Borunda - absolutely spot on! I’ve been outraged and sickened by Elijah’s killing and trying to raise awareness for more than a year. (My family lives about an hour from Aurora, and I grew up near there.)
This institutional cruelty and abrogation of responsibility must not be allowed to stand!
5
I agree with the person who wrote “ABOUT TIME.”
These charges came as a rare piece of good news in a long time. But a lifetime of experience tells me that Elijah and his family have VERY LITTLE CHANCE of ever getting justice in this country’s racist courts. Cops, prosecutors, and judges are intimate, everyday teammates. And Aurora (like a lot of other places) is notorious. Yet again, the thugs in blue will testify how fearful they were of someone a fraction their size and a carefully selected jury will eat it up.
Yes, there’ll be newspaper stories announcing a hefty financial settlement—stories and money meant to give an illusion of justice and designed to incite jealousy and bigotry. Real justice would mean jail time for the murderers and an end to rampant, racist, police brutality.
As I recall, Aurora cops involved in killing Elijah took smiling selfies of themselves afterwards where they sniffed out his life. That says it all.
36
The indictment does not allege that any of the officers who restrained Elijah McClain applied a chokehold, as the New York Times asserts. The indictment alleges that one officer unsuccessfully attempted to apply a carotid control hold and that a second officer successfully applied a carotid control hold that “resulted in “Mr. McClain going unconscious and snoring.” The indictment says “officers are instructed that to perform a carotid control hold an officer uses his or her bicep and forearm to apply pressure to the carotid arteries on the sides of a subject’s neck, thereby cutting off blood flow to the subject’s brain and causing temporary unconsciousness for the purpose [of] gaining compliance or control.” Carotid control holds are not a dangerous as chokeholds, which restrict the subject’s breathing. The New York Times should publish a correction.
https://coag.gov/app/uploads/2021/09/2021-09-01-Colorado-State-Grand-Jury-Indictment.pdf
1
@William Case
Please indicate where the story asserts that a chokehold was used or asserts that the indictment indicates that a chokehold was applied ?
2
@William Case
Please indicate where the story asserts that the indictment indicates that a chokehold was applied ?
1
This story will be reported once and ignored by this newspaper. This is not a tragedy unless a Republican source gives them a quote (it can be an untruthful quote) that blames it all on Biden. Then it will be covered by 5 different reporters every day for a month.
If this newspaper spent 10% of the time they spend writing the same false narratives about Biden's "failed" Afghanistan withdrawal on actually reporting the death after death after death of innocent people at the hands of police for the "crime" of being Black, this newspaper might regain some of the credibility it has lost in its attempt to prove to Fox News viewers that it is "fair and balanced" and "both sides are equal".
But this tragic story will be reported today and never addressed again, while the front page is filled with another 10 stories repeating the same tired Republican talking points about Afghanistan, dutifully transcribed by the journalist/stenographers.
Maybe if the Black Lives Movement decides Biden is to blame for Mr. McClain's death because Biden didn't respond "the right way", then this newspaper will cover this tragic story by writing 10 articles a day for the next 3 weeks all bashing Biden.
Otherwise, it is one and done. If a story can't be used to bash a Democrat, it is a one day story buried and forgotten.
8
How can the NYT report this without providing a link to the video?
4
@RJ Many believe that while video evidence is often essential to ensure that justice is served, it can also be destructive to the sensibilities of the public. If we frequently and regularly see the on-screen killing and brutalization of innocent Black bodies, we risk developing fatigue and normalization instead of outrage and demands for change. Therefore I applaud this detailed and sensitively-written text, and the Times' discretion.
10
Clearly a racially motivated murder, during the Trump presidency, if you can call those four years a presidency. So, imagine if it had been Jared Kuschner walking down the street. Clear enough?
26
@jdl : Ojala!
2
@jdl
What makes you think it was a racially motivated murder? No one has bee charged with murder. The indictment does not allege race played a role in the incident. It was not a random arrest. The three officers were responsive to a police dispatch. The two indicted EMS personnel were responding to the police officers’ call for an ambulance.
@William Case How many thousands and upon thousands of recially motivated murders have occourred. This obviously is another. Why are you trying to cover it up? I know the answer as do the other honest folks visiting here.
22
Who made the 911 call? That call began the carnage.
24
@Sharon Lovoy I beg to differ. The carnage began long ago across the entire country, by psychopaths masquerading as peace officers trying to exact their brand of bigotry and revenge for the loss of the civil war and a way of life. Nothing new, but still shameful none the less.
24
@Sharon Lovoy: According to the information in the independent review, it was a 17 year old, cruising around with his girlfriend, who thought McClain suspicious, called 911 and stalked him for another 15 minutes. As I see it, this guy bears responsibility, too, he had no good reason to call 911 at all.
7
It is an honor to be a police officer. They are the ones that serve the people, protect the people and as such should be held ACCOUNTABLE to the people. The death of Elijah was murder! The officers and paramedics acted in a barbaric manner and must be held accountable for their actions.
44
@JOHN T. STEPHENS
Sir, forgive me, I do understand your meaning and good intentions. But it is the height of dishonor to be a police officer now. They are trained yo be cruel, unfeeling brutes. And — funny thing — they are. Cruel beasts.
14
@JOHN T. STEPHENS: Sadly, too many officers have no honor, but questionable ethics and way too much aggression to do the demanding job correctly.
6
So a young black man, who didn't commit a crime, didn't do any thing but be black, was put in a chokehold and given a powerful drug and both led to his death? 5 men killed this man who wasn't doing any thing wrong, no criminal activity, nothing? Just black? I am so SICK of this. I am tired, tired, tired of white police officers murdering black men. Stop it. Just stop it. Enough.
The Aurora Police department's statement that they did nothing wrong is so part of the problem. Police officers who think they are above the law, that they are the law, jury, judge and apparently executioner. Enough. I am so disgusted. My condolences to the family of Mr. McClain for their tragic loss, for the murder of a young man who did nothing wrong but be black according to his murderers.
72
Of all the police killings I’ve seen, this one was the worst, worse than George Floyd. The young man Elijah was physically frail, seemed peaceful, and explained himself to the police. But he was different so they killed him.
51
The police said they did nothing wrong. And yet, a young man is dead. Here’s a thought experiment:
Imagine three police and two paramedics entering a huge black box. Then imagine a young man walking home, also enters the black box.
Now imagine the box has an exit. Three police officers and two paramedics walk out, while the young man is handcuffed and injected, unconscious on the ground.
Ok, here’s the riddle: what happened to the young man? I think we all know it wasn’t aliens or a cat that were responsible here. Especially since the young man would be alive had he not entered the black box.
20
Paramedics in cahoots with the cops - we call them soft cops around here.
31
@Thomas As a paramedic this stomach made me physically ill. They did not bother to talk to him, take his vitals,conduct a patient assessment, nothing. I do no care what a police officer tells me about MY patient; they’ve lied far too often and I do not trust them with the lives of my patients. The medics gave him a medication that must monitor breathing and blood pressure; did they even do CPR when he went into cardiac arrest? Racism within EMS/First responders is another thing no one is talking about.
6
As a resident of the Denver metro area, I've seen (some of) the body cam footage from Elijah McClain's fatal encounter with Aurora police on local TV stations for two years now.
And what these video glimpses show is that Mr. McClain was soft-spoken, compliant and totally non-aggressive from the time he was stopped by the cops until he was rendered unconscious on the ground - pumped full of ketamine (aka horse tranquilizer).
Like the horrifying video of George Floyd's murder that we've all seen many times - the McClain murder video is unassialable testimony to the omnipotence, contempt and casual violence that our police still feel they have the right to apply when confronting a black citizen - even one as fully-compliant and unthreatening as Mr. McClain was in his last minutes of consciousness on this earth.
And while I don't believe the cops and paramedics intended to murder Mr. McClain - their callous indifference to the intrinsic value of Mr. McClain's life (almost certainly due solely to his skin color) is the very definition of "racist".
And the fact that it took two years for "the System" to bring these indictments screams "institutional racism" as well.
That's why Trumpists have demonized Critical Race Theory (and blown it totally out of proportion) as viciously as they have. It's a preemptive first strike to avoid any acknowledgment or discussion of the existence of institutional racism in our society.
Because that shines a bright light into their dark souls.
138
Each of the 5 individuals were reassured that Mr. McCain’s collective treatment by the other 4 justified the gross excess, validating each individual’s dispassion and acquiescence which allowed it to tragically continue. They became the mob acting collectively without thinking, moving forward with the momentum of passion, but WITHOUT reason or compassion. Just by being alive and breathing, surely each knows in their heart how wrong this was. And each knows that if any one individual among them had firmly objected at the time, Mr. McCain would be alive today. All citizens and especially each member of Law enforcement need to pause, briefly reflect and say out loud, even if only quietly in the presence of their own family, THIS IS WRONG!
6
This is one of the extreme cases. For those who are alive, if we don’t fight back constantly, the bias, the stereotypes, and the discriminations against people of color will gradually smother our opportunities in daily life and suppress the rights we deserve as equal human beings.
We won’t win the war until we win every battles.
18
I remember watching the video of the assualt on Elijah McClain by police and paramedics. I watched in horror at the lack of "humanity" that shown to this young man by all the professionals involved.
This type of horror happens every day and is not caught on video. What has happened to this country? My heart is breaking seeing these events over and over.
Someone or something has to stop this madness. Now.
Rest in peace Elijah. I hope that something good will come from your senseless death. You deserved to be treated with dignity. I am sorry this happened to you.
49
@JK I agree with your statement. One thing though, this has always been this country. The only difference now is that there is footage showing what has always been.
24
I thought ketamine was used as an animal tranquilizer? What medical board approved its use on humans?
13
@MN Ketamine is indeed used an an animal pain killer, but it is also commonly given to people.
1
@MN paramedic here: ketamine is an anesthetic and it can be safely used on humans, IF given in the proper dose AND the patient is FULLY monitored. We use it on patients in a severe trauma and for pain because it helps with These issues. As a medic I have nor will ever give a patient this medication without first speaking with them, taking their vitals, doing a patient assessment and triple checking the dosage. Elijah had sickle cell trait too, which is why he was masked bc he was cold - this too would be of a concern to me, and what these cops and paramedics did was absolutely criminal.
8
It seems like horrible, hateful treatment of a gentle person mostly because of his color. But I am beginning to wonder if part of the problem is the insufficiemt training of our public employees. Just how much training is given to police or medics? Are we not paying enough to recruit people who are well motivated to serve the public and intelligent enough to do the job well? Are we just attracting people who enjoy giving orders to people they think are their inferiors?
16
@caharper
You can't train out racism or stupidity.
16
He said "I’m so sorry” to those who had done nothing to and were mercilessly killing him. I think that is what gets to me most.
"no evidence the officers caused Mr. McClain’s death"? Were it not for the police and the paramedics and their depraved indifference to Elijah, he would still be alive. Indeed, everything about the actions taken by the police and paramedics in this case were a "catalog" of "suspicious" behaviors.
One should not be assaulted and beaten to death, tazed to death, shot to death or die from a lethal injection even after being handcuffed and subdued for merely walking the streets in America. Elijah is but one of many.
63
"Our officers did nothing wrong"!
Sorry, they murdered an innocent man for no good reason whatsoever. If that really reflects the attitudes of the Aurora Police Department, it should be abolished and completely reformed from the ground up.
49
They all need the death penalty.
19
@John Under Federal law, that is possible if they file in federal court. The police violated Title 18 USC subsection 242 (Deprivation of Rights under color of law resulting in death). The maximum penalty for that is death.
3
I do not understand why an obviously untrained paramedic was permitted access to a powerful anesthetic agent. Who was his supervising physician? What possible use would this drug have on a handcuffed nonviolent individual?
First responders indeed. They give the entire community a bad name.
43
@Samuel Xavier Agreed. I worked on a locked psychiatric unit. When patients became a danger to themselves and/or others and staff felt they needed to use medication to control at the situation they always, always had to have a psychiatrist prescribe it, including dosage. (Remember psychiatrists are also M.D.s) If the doctor wasn't physically on the unit a verbal authorization was required. I don't recall Ketamine ever being prescribed.
12
@Samuel Xavier I imagine they lied to med control and told them they had an unruly ”suspect” .
I haven’t read the autopsy but I’m guessing they made up the the dose too. He went into cardiac arrest because he weighed about 115lbs. If I’m pushing Fent or Ket I need to know it won’t kill my patient first.
These paramedics are a disgrace to the work we do. They belong in prison -never to touch another patient again.
2
May their time in prison be as painful as the loss this poor man’s family feels every moment of every day.
36
@Sarah
May the police not protect you from violent criminals. May you live in an area where you are singled out because you are white.
I am not expert on police procedure (I doubt you are, either). But, he was acting/dressing suspiciously, dancing in the street with a woolen face mask. Someone called it in. The police tried to stop him.
So far all reasonable.
Then he resisted arrest and tried to reach for a cop's gun. That's unreasonable behavior. Why did he do that? I would say it is because of the media and people like you who say cops are bad and you have to demand your rights during any encounter. Well guess what? It is really hard to tell what your rights are in the heat of a police stop. So, unless you are really sure. Just do what the cops say. Because if a cop feels threatened, you are putting your life in danger. Any reasonable person who saw the video would come to the conclusion that had he not resisted the cops he would be alive today.
As far as the cop's and the paramedics subsequent actions. Very hard to say. I will tell you this. If I were a cop and someone was threatening me, I would make sure I made it home alive. For what it is worth, the video showed that the cops did not use force after he was somewhat subdued and did call paramedics.
@James I would urge you to read the independent investigation of the incident that was linked in the story in its entirety as I have. You might change your mind about the officer's behavior.
14
@James Why are you trying to cover up this murder? I know why and so do the other honest folks who visit here, Shame on you. have you no decency?
11
Why was Elijah McClain wearing a face mask? This happened long before there was a pandemic.
1
Elijah wasn’t quite normal. He wasn’t crazy, just extremely introverted and naive. He actually told others that about himself. He called himself “different “.
That gentle, trusting young man was murdered for being and acting different.
He didn’t deserve it.
47
@Deborah Thuman He was anemic and was cold. It is not illegal to wear a face mask.
53
@Deborah Thuman That info is readily available on Google.
13
“Our officers did nothing wrong,” the [Aurora Police Association] said, adding, “The hysterical overreaction to this case has severely damaged the Police Department.”
^The above statement says it all, as far as I'm concerned. The Aurora Police Association's statement reads as icy cold and completely oblivious to the fact that a young man was accosted and brutally killed for no reason that I can fathom while simply walking home from the store with some iced tea.
91
One can’t help but ask, What else did they not do?
14
@AlphaByrd Right, but even further, the Aurora Police claim is claiming ITS a 'victim of severe damage' !?!!!
Wow, just wow. At least all the officers are ALIVE, unlike Elijah, to now be 'victimized'.
33
Are they really saying that it’s an “hysterical overreaction” to be upset over the murder of a kind young man walking home? Really? It’s just one more inconsequential death to them?
100
When will COPs learn? Don't they follow the news? Stop running up on people and placing them in choke holds! Why do they do this?
I'm convinced there are more stupid, bad cops out there than good ones. The utter travesty is the good ones know darn well who the bad ones are yet they choose to remain silent- which in my opinion, makes them just as culpable and guilty by association.
A woman, threatened by her boyfriend to wait in the car while he robs a gas station and kills the cashier, is going to jail for murder. The same criteria should apply to COPs who stand idly by watching their brothers in blue commit atrocities on the public writ large.
Can we please start psychoanalyzing these people properly before they are issued a gun and a badge? Good Grief!
Finally, to the good COPS who read the newspaper: Start ratting these people out! Tell on them! It's OK! You will be surrounded by support and admiration from everyone- I promise!
49
@Aaron You're saying that ALL cops are bad. I totally disagree with that. A small percentage of cops are bad, probably the same percentage as the general population from which they come. But the bad cops are the ones who make the headlines.
1
Why doesn’t the Times publish the photographs of the three police officers and two medical staff?
76
I did a double-take when AG Weiser said the two paramedics were indicted for assault with a deadly weapon—and added, “Ketamine.” That is exactly what it was and I’m proud of the grand jury for calling it by name.
65
ABOUT TIME! He did nothing wrong. His death is a disgusting travesty of justice.
64
I don’t think it’s a race issue, it’s a cop issue, to many are bully’s, thugs and rotten people. Those bad cops have to be weeded out throughout the nation.
22
@Jimd If you don't think this is a race issue, then I don't know what to tell you. Why are most people killed by the police black and brown individuals???? With stop and frisk in NYC, how many were white? I agree that many police departments are out of control, but black and brown populations bear the brunt of the police's ire.
25
@Jimd I understand how one would not want to acknowledge the part race played in this, but if this was a white young man having committed no criminal act, who was half the size of these cops & cooperated as much as Elijah did would a white boy have end up dead ? And would that one cop have exclaimed to his partners with the same thrilling excitement of how strong a white boy was ?Psychotically & narcissistically suppressing in his sick mind the cause of this almost superhuman strength. The bodies defense mechanism in response to their coordinated pushing & pulling in opposite directions, painful bending & twisting of limbs technic that forces a human body to react. As they yell " STOP RESISTING " .... Lived it.
12
@KS The 911 call from the store probably would never even have been made if Elijah was white.
21
To die in fear at the very hands of those who are to serve and protect is, in the words of Dylan, murder most foul. My compassion to the family and loved ones of such a gentle soul. May you find some solace in the legal rendering, Godspeed you on your journey to healing.
34
@Annessey (Actually, that’s Shakespeare: the ghost in Hamlet.)
9
@Jeoffrey
Yes, the bard was first, but I was referencing the song by Dylan.
5
The prosecutor that didn't charge is an accessory after the fact and needs to be disbarred and charged with a crime.
53
A young man is killed, and all the police union can call it is a “hysterical overreaction” and complain about the “damage done to the police department.” No excuse for such callous insensitivity, and no wonder why more and more people are less sympathetic towards the police.
90
As an ICU nurse with 40 years at the bedside I find it unbelievable that ketamine is being used by first responders to subdue agitated persons, often at the request of law enforcement.
This is not a new story. Below is a link to a NYT story from 2018 detailing this practice in Minnesota. The use of katamine in this way needs to be closely examined and regulated to protect the safety of the community.
https://www.nytimes.com/2018/06/16/us/ketamine-minneapolis-police.html
61
I thought ketamine was an animal tranquilizer? What medical board approved its use on humans?
5
@MN There are a lot of medications used on animals that are also used on humans. Ketamine is used as an anesthetic and (in low doses) as a treatment for a variety of mental health illnesses. It's also been used as a recreational drugs for yeeeeaaaaars. I'm still flabbergasted that paramedics would use it in this way.
8
@Tom B Agreed. Why was that drug even in their medical bags? Did an MD give authorization?
3
““Our officers did nothing wrong,” the group said, adding, “The hysterical overreaction to this case has severely damaged the police department.””
If the Aurora Police Association really believes this, they should be investigated too.
Every American deserves police who believe in and support rule of law and justice, not police in denial of manslaughter and murder. (This is true as well for treatment by paramedics - we deserve freedom from death by anesthesia.)
Above all, every American citizen, regardless of race, age or gender, deserves to be treated as innocent before proven otherwise.
Honestly, reading this horror, and seeing the video of what happened, I cannot help but wonder - are American police departments capable of ridding themselves of the racism and White Supremacist that permeates their organizations and associations?
And the caller? Calling in a young man walking home from buying iced tea on a hot summer night? Shades of Trayvon Martin. May you never rest in peacefulness.
Why do I write such comments? Because I am in deep despair that we white Americans cannot all evolve soon enough. For over 50 years, since my teens, I have been waiting & watching. It is far too long and still here we are. Deep gratitude, though, to the Colorado DA for moving the case forward.
62
Finally, after all this passed time, indictments. They do belong behind bars.
26
It's horrible to think that this is normal police procedure for three police officers to abuse a non-violent and innocent person coming from the store. Did they overreact or were they intentionally abusive, it's plain awful! And the paramedics, what were they thinking. It hurts my heart!
34
I thought being an introvert with extreme social anxiety was the worst. I’m beginning to realize, it pales in comparison to being an introvert with social anxiety who is black. One appears to be criminal enough in this country to get you killed. Can you spot the difference? :/
48
32 total counts is substantial. As well, "criminally negligent homicide" is murder, albeit the lowest-level chargeable.
Charging decisions are made on ability to convict. Better something which will "stick" at trial, rather than rolling the dice on higher-level charges -- such as 2nd degree homicide -- which may create reasonable doubt in a jury's deliberations.
These five monsters are going away for a long time. Sadly, taxpayers will be on the hook for their "care and feeding", as well as for civil settlements which the family will obtain from the City of Aurora.
As much as possible should be extracted from the pockets of these five, the prosecuters who declined, and the separate Aurora Police Association for depraved indifference and (possible) cover-up.
Hit the officials responsible right in their wallets. It's what they value most. Send the message to other jurisdictions that it will cost to obfuscate, delay, cover-up.
Then -- and only then -- will this senseless irresponsibility diminish and young Black men and women; older White protesters (looking at you, Buffalo NY); and 91-year-old grandmothers (handcuffed and dragged in Florida) be safe from official depredation.
21
Justice for Elijah! He was not a "thing" to throw away. He was a special beautiful person whose light was taken from his family and friends all too soon. Such a senseless, prejudiced, premeditated murder.
34
A gentle, geeky and slight young man, who played the violin for animals in a shelter, who was a vegetarian and hated violence. Tragic.
59
Elijah reminds in looks and demeanor of my friend Jerrold, who I met while serving in the U.S. Army in Germany. When he wasn't doing his military intelligence work, his favorite past times were scoring his own classic symphony concerts, listening to Phillip Glass music, reading Russian novels, solving complex math problems, and taking long hikes around Europe.
Its beyond my understanding while the evils of white supremacy is firmly entrenched in all levels of law enforcement in the United States, including judges, prosecutors, district attorneys, chiefs of police, and the rank and file. I've never been enthusiastic about U.S. law enforcement but the last decade I have been shown that what seems to be the majority of local and state law enforcement agencies are bullies and racist murderers, who get away with murdering black people with impunity.
104
@Sasha Love Reader of pre-revolution Russian novels here. I wouldn't dare to listen to Phillip Glass' music in the presence of Law Enforcement...! There's a limit to the sort of provocation we can ask or expect our LEOs to endure with patience! 🤪
3
@Sasha Love
The indictment does not alleged race played a role in the incident. The officers were responding to a police dispatch. They weren’t making a random arrest. Two EMS personnel are also charged.
1
@William Case so?
5
As a liberal who supports the death penalty, I am saddened that none of these now charged will face the electric chair. Clear cut murder.
59
@what? (climatarian) Clear-cut murder? Absolutely not. No reports say they planned to kill him, hence the manslaughter charge.
8
@what? (climatarian)
I doubt that it meets the threshold of special circumstances, let alone pre-meditation, or even an intent to kill Mr. McClain.
8
As a conservative who opposes the death penalty, because if you make a mistake and sentence someone to jail for life, they can be released. If you make a mistake and kill someone, well, that's it. I believe in forgiveness and second chances.
18
When you, citizen of the USA, will begin to resemble a western, DEVELOPED society? So far you have not reached that yard stick. Sorry.
This "investigation" and "jury ruling" would never seen any sort of light in the Northern Europe. We have NOT given kill freely anyone ticket to police nor any other govermental body.
You ancestors brought people to use them as slaves - you have never been able to co-exist those (the black people) as you should have! You brought them against their free will. Then you do have the audacity to call you country as "free". Wake up! Now!
78
How about not painting us with one broad brush. You are aware that the reason these officers are facing charges is because many Americans demanded justice, right?
8
Well said; I’m not proud of my country right now.
10
@european I really don’t think Finland should be lecturing the US about slave trade, since a version of slavery existed in Finland as late as the 1950’s (moderator: this is true. Google it), whereas American Quakers were the first people in the world to call for an end to slavery, and the first western states to abolish slavery, well before Europeans did, were American colonies and then states.
7
I see nothing “hysterical” about asking for an investigation following the death of an unarmed young man who was not accused or even suspected of committing a crime. The Aurora Police Department is the only hysterical party that is over-reacting. I am disgusted that they choose to double-down on their arrogance.
87
About time, this was truly horrific police abuse.
43
So there's many sociopaths who become police officers and paramedics. Of course there are. They have control over people's lives and can kill at any provocation. If you're a sociopath feeling powerful over others is the goal. They don't think about the outcome because they don't care and have gotten away with it throughout their lives. Yes there a good police officers and paramedics who are not sociopathic.
30
Elijah McCain rest in peace. I just watched the events leading up to your death and I was sickened and enraged. Your black skin made you a suspicious person to the 911 caller and the officers. Your pleas to live and your justifiable fear were not heard or seen by these poorly trained officers who were utterly incapable of feeling your humanity. Any feeling person watching the video knows that deescalation was needed. The cover up of your murder was inexcusable. May JUSTICE be served.
46
@Jan
This entire encounter was based on someone who made a phone call to the police stating that M.McCain was suspicious . A twenty dollar bill led to the death of Mr. Floyd.
Mr. McCain proves that any white person is able to take away your life for no reason at all.
Our police department has been out of control for generations . The video's have shown over and over the cruelty of everyone who is involved in murder's.
15
Elijah McClain's last words: "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. 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. Oh, I'm sorry, I wasn't trying to do that. I just can't breathe correctly."
74
@Dan
Jesus. Some of the officers and their colleagues laughed at this! Made fun of his last words!
24
@Dan Heart wrenchingly sad.
9
@kim Positively cravenly evil. Make them pay, make them fry. They are despicable 'humans'.
12
If there ever was a police department that needs to be de-funded, abolished and rebuilt from the ground up, it’s the Aurora police. The Taliban is more humane then the criminals running this criminal group.
51
Shame on the Aurora Police Association for defending this indefensible behavior. When a limb is rotten, you cut it off. You don't hold your nose and pretend its pretty!
68
Among the many unfortunate results of continuing police brutality is the fear it engenders in ordinary citizens of all races and ethnicities. We should be able to call police if necessary and assume they will "protect and serve" us. Instead, we're afraid for our lives.
29
A few weeks ago I saw an interview with Keith Ellison (AG State of Minnesota) discussing the George Floyd case. When the questioner asked if the AG thought this was a case of racism by the MPD he stated that he didn't believe so but rather that the responding officers saw George Floyd as a 'nobody' and that they felt free to use excessive force simply because there would be no repercussions and that no one really cares what happens to a 'nobody.' Perhaps now we are starting to see that 'nobodies' are somebody and deserve the care and respect we demand for ourselves.
28
I have been following this story since Elijah was killed. I remember the details about him, a son any parent would be proud to call their own. This tragedy has no good outcome for Elijah or for his family and friends. Justice will be served, as MLK, Jr. said "The arc of the moral universe is long but always bends toward justice". Let's continue to hope.
23
What concerned citizen called the police on this kid? They should be publicly shamed and charged too. Almost never call the police for someone looking suspicious walking down the street.
22
Someone once called the police to my house because I inadvertently left the tail gate on my car open... in my driveway. That was reported as "suspicious activity". However, when I called those same police to report what was assuredly ongoing and repeated drug deals at the house across the street from mine, I was told that they could do nothing about it except come to my house to "get information". Incredible.
12
@MadMex Certainly shamed ... Miserable human being(s)
2
1. Next time you are on jury duty just remember "cops lie"
2. Aurora badly wants to land elements of the US Space Command at Buckley AFB. Clearly military members of color are not safe in Aurora given the conduct of Auora Police, Fire, District Attorney, Coroner (allowed cops in to autopsy) and "sketchy" mayor. The Department of Defense and the Justice Department should do a thorough review of Aurora as a community (public safety, civil rights) before even considering making those moves. US Rep. Jason Crow and US Senators Bennet and Hickenlooper should shut down those Space Command conversations until those responsible for McClain's murder are behind bars.
41
Here is what the Aurora Police Association had to say about the outcry about this murder: “Our officers did nothing wrong,” the group said, adding, “The hysterical overreaction to this case has severely damaged the police department.”
I’m glad these individuals are being charged, but until this attitude changes, we are still miles away from solving this problem.
71
Police associations always knee-jerk defend charged officers in public statements, irrespective of the crime and evidence. Maybe if the associations that represent them were more selective as to who and when they aggressively defend someone, less of the population would distrust the police as a whole. If you want to be respected as professionals that represent the front line of our justice system, your representatives should behave as if you deserve to be.
25
Mr. McClain’s outward appearance signifying perceivable mild mannered meekness attracting fierce bullying dystopian reaction./ I’m not insulting poor soul, just bringing to the foray the sheer heinousness of the alleged crime.
13
I cannot get over this story. I somehow missed it when it happened.
The quotes attributed to this young man are sickening. It is heartbreaking to know he pleaded by explaining he was 'different' and was killed anyway. And why, for the love of God, would EMTs inject ketamine, AFTER a chokehold? In what universe is that standard protocol? How many times does a black person have to die because an LEO strangles them to death or makes it impossible for them to inhale oxygen??
Eric Garner was strangled to death by police in NY in 2014, pleading "I can't breathe". George Floyd was asphyxiated to death by police last year expressing the same sentiment. I am certain there are more examples that are not coming to mind. Outrage and prosecution is no longer enough of a response, because it still leaves families and communities bereft and innocent persons murdered. There is no justice in these scenarios, only the prospect of punishment.
We should be occupying every police department and the offices of every mayor, district attorney, and elected local and state officials where these acts occur until comprehensive reform is achieved.
23
This is incomprehensible and heinous. This is light years beyond appalling.
29
This death didn’t make sense on any level.
71
Classic police profiling and brutality. Let's pray justice is served
72
If you read the report, what is equally shocking is the review of the incident conducted internally by the Aurora Police and Fire which seriously misrepresented the nature of the victim's actions, falsely stated that the police were correct in their actions, and found ALL of the actions conducted by both the police and fire dept staff to be reasonable and consistent with department policy. So not only was there a clear crime, there was a clear cover-up........when are those people going to be held accountable ???
217
@GearUpNow
Hopefully during the independent review by the recently appointed Chief Vanessa Wilson into the entire Aurora Police Dept.
18
I didn't see any explanation or report about why paramedics would inject someone INVOLUNTARILY with anything. What was the legal justification for this????
48
I’m a paramedic, and it’s called a chemical restraint. The legal justification is that the person is a danger to themselves or the responders and that danger can’t be mitigated without restraining them. De-escalation, physical restraints (strapping arms and legs to the stretcher), and then as a last resort, chemical restraints. Sadly, overuse is a problem and some paramedics will jump to sedation too quickly because they don’t want to deal with someone or they take the word of the cops without doing their own assessment.
Search some combination of “Hennepin county EMS ketamine” and you might find some investigative work on the problematic use of ketamine that had crept into the culture of one EMS agency. And it’s fair from the only one.
32
@AFather They have the right to do so if there is clear and imminent danger of to the suspect himself or others. No other circumstances warrant any use of sedative. From what I can tell in this case it was not warranted. They probably skipped ethics class.
15
At long last this poor man's family and friends may get a modicum of justice because he certainly didn't. Just reading what his final words were before he died made me weep. How can we ever allow such cruelty by those who are supposed to protect us?
35
This crime was particularly heinous and straight up evil. I'm glad to learn they've been indictied and hope they are all prosecuted to the fullest extent of the law.
52
This innocent young man was heard saying ""i would not hurt anyone i am a vegetarian "" in crimes like this there should be no forgiveness
42
@Morgan Saying that you are 'weak' is only an invitation for more abuse...if these First Responders were formerly middle- or high-school bullies. Ponder that.
12
"Absolved." "Within department policy."
There outta be a law: Almost 18,000 police agencies in this nation and no uniform standard for Use-of-force and no definition of what it means:
Outta-be-a-law.
35
It was once that Police Officers served the people. It seems now they have been authorized to become thugs and act out their prejudice and anger.
The US police force needs some big time review of their protocols and procedures. They should be working in service and not as weaponized thugs.
46
@Radha "It was once that Police Officers served the people." No, in this country, police officers have always served WHITE people. That's what they were established to do and that is what they have always done.
17
@Carrie It's more than that, Carrie. The police were created to serve the haves and protect them against the have-nots – of any color.
8
@Radha. I think your 1st paragraph expressed your wish. It did not express a universal truth.
4
If the officers viewed him as a human being, this would not have happened. I remember the video from the officers body camera and this poor man pleaded with them. He was no threat to them.
Why did they stop him to begin with? He was doing nothing wrong, just walking down the street with his purchase from a convenience store.
How much did these officers outweigh him by? Why did the EMT dose him with ketamine far beyond what his slight build could handle? Why did he inject him at all?
I respect the police. They are in a noble profession. What these officers did that day was neither respectful nor noble. It was criminal.
82
@BL, Why are you respecting the police and endorsing the awful behavior? Your comments are double speak and borderline agreeing with what happened to this Beautiful Soul who was murdered for walking home after buying iced tea. This same disgusting killers later posted selfies of themselves mocking the young man's death by mimicking chock hold signs.
Please keep your biased and racist opinions to yourself. ENOUGH IS ENOUGH.
3
That is a murder. My deepest condolences for the family and friends. How sad.
47
Two years it took to get to this point? Grand jury should also take a look at the prosecutors who gave those murderers a pass.
47
I am so sorry for the loss of this human beings’s life. And his mother let the lawyer talk which is wise. I grieve for her and all mothers who have lost young sons. We should create a Pieta of now to travel town to town to make surevWE ALL Chagr.
This city already had its mass shooting and until we stop such large traumas from happening and offer true and lengthy support for ALL involved this may happen again.
I find it so incredibly frustrating that we have trauma knowledge and experts. We know about public health and racism and environmentalism, and gun violence.
We have the facts and proof.
What hurts me so so deeply is the lack in state governments and the Congress to help human beings in pain and change things for the Breyer for ALL. I find it unconscieble for any one with any type of power to make change and do nothing or worse and more vile continue their immoral ways.
Intelligence means partly having some sort of moral code and core.
4
I can still summon tears any time I think of the uselessness and injustice of McClain’s killing. We lost a most gentle soul, and the world needs more like him.
64
I still get teary-eyed over what those so-called first responders did to that gentle young man.
It would never have happened if he was white.
43
The writer doesn't characterize those charged as former so I suppose they were still on the job when charged or suspended, these men should have been fired for being incompetent. There should have been many more people fired, like those who failed the public trust by their inaction.
What would it take to cause the right to admit their is racial injustice in Amerika? Just because it isn't written in The Constitution "There shall be racial injustice." which could be removed doesn't mean it doesn't exist.
7
This is on par with Mr Floyd’s death. The difference is only no widely available video footage.
15
Thank God! Thank God! Thank God! Justice finally for this young man murdered by those who were supposed to protect and serve. I have to stop because I'm typing this through tears.
17
It is so painful what is happening in this country. Every morning I wake up with dread. Countless lives wasted on an indefensible and corrupt war, and money that could have been spent on education, housing and healthcare for all Americans. Covid with no end in sight. Families with children on the verge of becoming homeless and living on the streets. Families losing everything due to climate disasters. Inequality on a scale never seen before.
Men and women are murdered because they are Black and parents mourning their loss, which is every parents nightmare. Elected officials whose only interest is to get re-elected by making the opposing party the evil one whilst little gets accomplished. I could go on and on but I won't. Things are depressing enough.
20
@KD Nick We get same politicians every time regardless of the party. You can run for any office only if you have or backed up by someone with money. Therefore very few really talented people ever pursue that career. Only crooks and stupid rich kids. And NO political party does not matter - they are all the same.
3
Elijah McClain family and friends can never get "justice" for his death. He is gone, permanently. Nothing can bring him back or make up for his death.
What they can get is accountability, at long last. I hope they do.
26
The most depressing thing about all of this — aside from the completely unnecessary death of a young, mentally ill black man walking through a high crime neighborhood, wearing a ski mask and acting strangely on a hot August night — is 1) that over and over we see that police are the 1st responders and judge and jury in a situation where clearly there should be a back up team for mental health intervention to help them deal
with these situations and 2) that Times readers with their cursory and shallow understanding of virtually every aspect of this case consider themselves as well to be judge and jury for these 5 individuals, 1st responders trying to do their jobs.
As someone very familiar with the Cultural Revolution in China, I have never seen anything as similar to that as our current situation. This appalling herd of hate speech, denouncement, pitchforks and torches from people on the far left and the far right, this destruction of the institutions and institutional knowledge, the purpose of which is to compensate for our species’ profound ignorance and desperate need for accumulated wisdom as a counter-force to that ignorance… is terrifyingly similar to the Cultural Revolution, as is this news organization’ s lockstep adherence to its fictions.
6
@Maria Elijah McClain was not mentally ill and he wasn't having psychotic episode. He was walking home. While it is a step forward that the police officers and EMTs were indicted, when are we going to hold white people accountable for calling the police to report innocent Black people as "suspicious"? ANY interaction with the police can end in death for Black subjects. Breathing while Black is not a crime.
22
Quality comment.
We need real mental health facilities so families don’t call these armed men to deal with mentally ill loved ones.
We could have all sorts of facilities- it needn’t be One Flew Over the Cuckoo’s Nest.
Some sort of congregate supervised living situation with drugs administered by nurses and trained staff.
Letting the mentally ill “roam free” as Reagan envisioned, has led to this. They do behave oddly some are a danger, some become violent.
Free range mental illness has a high cost.
1
Instead of being familiar with China's Cultural Revolution, try to get familiar with America's racial history. Then you might actually understand what you're talking about.
16
On the body cam the police continue to say things they know we're going to be reviewed like "he grabbed my gun" and "he must be on something he's so strong" with another replying "yeah, crazy strong." they try to cover their tracks. They don't listen or think of Mr. McClain as a human being. He pleads with them but he doesn't hurt anything. He doesn't kill flies, he doesn't even eat meat… but he's just an introvert, he's just different.
This whole thing breaks my heart. I am sorry Elijah McClain. Please forgive us.
26
It’s not for decent folks to apologize. That there is best left to the pigs… I’ve lived on the Front Range for over 30 year. I have lived in Aurora and adored it whilst I did.
That there police department has been bent for as long as I’ve been in Colorado. Don’t imagine it started when I arrived in ‘89…
5
I’ve been reading about cop killings for half a century now. This one hit me especially hard. I cried. He looks so young, so innocent, so shy. Like he wouldn’t hurt a fly. A boy who taught himself violin. Who volunteered at an animal shelter. On the video he sounds so scared. But they killed him anyway, and no doubt they’ll claim they had a very good reason, like they always do.
Nothing really matters when you’re a black boy in America grabbed for no reason by a police officer, in a zip code where your rights have long been ignored.
I fled to France shortly after this. Good thing too. I’m no longer strong enough to bear more anguish like this. And there will be more. There always is.
34
I oppose the death penalty. I would like the sadists who killed Elijah McClain who are allowed to serve as police to spend a lot of time in jail. The cops and the paramedics essentially delivered the death penalty to Elijah McClain. The police cannot be trusted to police themselves. They are not the heroes depicted in film and television. Too many of them inflict violence on Black people without consequence. This must stop. In Europe police have college degrees. and much more extensive training than officers of the law do here. Implementing that in the US wouldn't be a bad idea.
14
As horrendous, senseless and tragic as this was, is that this type of insane prejudicial behavior is still happening all across America. Is there no hope for our country?
9
I’m relieved. Ever since I heard the recording of the incident Elija’s words have been hauntingly seared in my memory. I couldn’t shake them. Justice please.
15
Said by Elijah before his death: “I’m just different. That’s all. That’s all I was doing. I’m so sorry.”
I'm so sorry too , We're all pretty different and this commonality makes us all as vulnerable. I'm sorry and scared.
25
They're charged with manslaughter.
None of them are likely to have any previous convictions.
They'll get probation at the most.
The "reasonable standard" that police officers can stop anyone they find suspicious is not just having the barn door wide open; it's a barn with no walls or door at all. That a police officer can put hands on anyone them "reasonable" think they ought to put hands on? Then there's not even a barn anymore - just a wide open field.
A finding of "cause of death undetermined" when the carotid hold caused unconsciousness, and EMTs administered a powerful knock out drug is absurd on its face. But for those 2 actions Mr. McClain would still be alive. Causing the death of another is a homicide, and in this case clearly unjustifiable and thus illegal. The coroner needs to be fired and any other autopsies involving audited law enforcement reinvestigated.
15
"Prosecutors in Adams County, Colo., declined to file criminal charges against the three officers involved in Mr. McClain’s death."
The Prosecutors are complicit in the cover up of the death of this young man. Ms McClain should sue them.
34
Are these types of situations more common now that everyone has a cell phone and seems to feel the need to call 911 for the most mundane reason? From walking down the street to bird watching.
Then do the police feel the need to “investigate” because someone called to complain, worried that if they don’t “investigate” and something happens they get in trouble for that. Personally, I think I would prefer the latter, that punishment would probably only be a few days off instead of years in prison.
5
When this happened it got scant coverage/attention.
It was wrenching and that sickening feeling of powerlessness of a clear case of contemptuous callous off-handed murder caused intense grief and mental suffering for me.
Can one imagine that sense of out of body shock grief suffering the family and friends experienced. It is PTSD all over again for another family whose human value is repudiated.
There is no doubt in my heart that we as a nation have lost our soul.
14
Please take the time to read the independent review of this case. There is a link in the article. I read the report, and assumed the officers and medics involved just interpreted the situation wrong. That isn't what the report shows. I hope all of 3 the officers do meaningful prison time for their disgusting actions. So much for protect and serve. This was an guy just walking home from the store! As for the paramedics, instead of taking care of this poor guy, they aided and abetted the cops in his murder. I hope they get meaningful jail time too. Just appalling and really, really scary.
35
When these trials are done let's work on the prosecutors who declined to press charges and the police unions who again and again provide safe harbor for murderers.
24
My heart breaks every time I read of another cruel and senseless death at the hands of those who are meant to protect and serve the communities in which they work. When will these horrible crimes end?
12
"Mr. McClain had been walking home from
a convenience store when he was stopped
by three Aurora police officers responding
to a 911 call about a suspicious person."
who made that call and why?
isn't that person also responsible
for what happened due to the call?
what's wrong with people these days?
is half the world paranoid - with fear
[of others, of enemies, of neighbors,
of invaders, of thieves, the great void?].
20
GOOD news! The police had no valid reason to stop him, and the paramedics gave him a dose of ketamine applicable for a person at least twice his size. Would you want those paramedics responding to your emergency?
Malicious or deadly negligent actions deserve consequences, regardless of the insignia you wear.
19
A man reported someone "suspicious" walking down the street - the police encounter Elijah simply walking home. How deeply troubling that this gentle young man, who played violin to shelter cats, was treated in such a way that killed him. His death was heartbreaking as was his careless malicious treatment by the police and EMTs.
20
All I can say is better serve long sentences, don’t make this a farce, otherwise I am rendered speechless by this egregious murder of an innocent man.
7
As an anesthesiologist who has administered Ketamine hundreds of times in an OR setting - the amount of ketamine they gave this young man is totally unconscionable, unreasonable, and far outside the scope of any acceptable medical guidelines
48
@Dr Mark If you read the report, the paramedics vastly overestimated his size at 190 lbs. when he was 140 lbs. The report correctly raised the question of implicit bias in this false assessment.
4
As a former Paramedic and a current critical care nurse I am just astounded at the brutal ineptitude of the medics portrayed in this story. I wish the story wasnt true but I fear that it is as systematic racism is alive and well in the world of EMS. It's one of the reasons I left the profession, that and relentless drift of EMS towards militarism as medics continually attempted to emulate the attitudes and dress of their police brethren.
28
@Sipperd I’m a paramedic too and racism and bigotry are a major problems in EMS today.
I don’t understand what’s happened but it’s a pervasive problem and it’s dangerous -especially in MCE’s where you may not know the fire/police /medics you’re working with.
I’m so disillusioned I want out too. It’s infected our profession and it’s only getting worse.
2
While Colorado has abolished its death penalty, 2020, there is still a Federal level death penalty, which I personally believe should be utilized in this case, against all of the murdering thugs masquerading as police officers and emergency personnel, and any and all who spent the last two years trying to cover up this heinous murder of an innocent human being, must be charged as well.
Criminals hiding in the guise of public service must be made to understand, once and for all time, that they are subject to the law of the land, and nothing will save them from prosecution and punishment.
If the death penalty cannot be used, then life, as in 'till death in prison, must be handed down, with absolutely no possibility of parole.
17
@Mel Farrell I concur with your outrage in this matter, but, really, calling for the death penalty (which I do not support under any circumstances because it is used disproportionately against African-Americans) before the evidence is presented at trial is pitchfork and torches stuff.
4
Great news! I hope they all get convicted especially the cops who laughed at him and made fun of him. His parents moved from one state to Colorado to allow him to grow up in what they thought was a safer place and their beautiful son ended up dead. Heartbreaking. Black people need to realize, that just because it's a white community or in the suburbs doesn't mean its a safer place.
26
This article describes Elijah McClain as “a son she raised as a single mother, sometimes barely getting by.” You talk about mobile parentS who moved to Aurora to better ensure their son’s well being. I believe that the Times’ narrative is correct which, by the way, doesn’t mean it is correct but my point is this: Let’s not create imaginary scenarios that may be more tender or cinematic. That kind of embellishment implies that the truth is not horrific enough to awaken this world from its somnambulant state.
2
@Jennifer Ricca Sorry it was not imaginary. When Elijah was killed, his own mother pointed out that fact that she had moved to ensure her son a safe pasasge. Some of uou are just intentionally oblivion to racism.
1
@dupr Facts are important. Elijah’s mother did move her children to ensure their safety. She was a single mother. She didn’t move them from another State though. She moved them from Denver, Colorado. Aurora is a suburb of Denver. I surely don’t want to compare Kumbaya credentials with you. I’m just saying...
1
HallelujiaH!
One step closer to recognizing our responsibility to one another. Now on to working with local police departments all over the country to prevent another such atrocity.
When the call goes out to protest injustice against black sisters and brothers, those of us who are not black need to respond.
Vince in GR
17
This is the first I’ve heard of this story. I’m a 65-year-old white male who’s never been brutalized by the police, even though I could have been on a few occasions. This story describes a brutal murder in broad daylight. This young man was not only innocent, he was a valued member of his community and part of a family, a neighbor, a citizen.
The “professionals” who did this are the lowest of the low. They used their positions as trusted law enforcement officers to brutally murder what appears to have been a sweet, gentle, loving young man, of slight build, who offered no resistance. The men who did this are savages. I want to SCREAM when I read these stories of such godawful beings.
They belong in prison for the rest of their lives.
114
@Scott O’Pottamus
Dear Scott, this story is the most heart-breaking of all the similar cases of innocent Black men being killed by police officers I have come across. If you listen to the audio of his interaction with the police ("I am an introvert. I am a vegetarian.") and see the photos of him playing the violin for the shelter cats, you may be moved to tears, as I was.
Shockingly, three on-duty officers of this police force went to the memorial site of Elijah's murder and took selfies while laughing and RE-ENACTING the choke hold that led to his death. These are depraved individuals without a shred of respect for the sanctity of life.
30
It seems like all an officer has to do is say, "He's going for your gun," and everything that happens after that is okay.
This happens to non-Black people too. Recently in Salt Lake County, a young white man, clearly delusional and likely on drugs, seated in an interview room with his hands handcuffed behind him with three officers in the room, was shot and killed because someone said he was reaching for an officer's holstered gun. All of the officers were cleared because they followed procedures.
24
“The hysterical overreaction to this case has severely damaged the police department.” No, the brutal overreaction of your own police officers has severely damaged the department.
236
@3rdDaughter Apparently, all of the members of that Police Association feel that protesting lynching is a "hysterical overreaction". It's long past time to flush that cesspool.
12
"he was stopped by three Aurora police officers responding to a 911 call about a suspicious person."
Whoever made that call is undoubtedly proud of themselves. Why do 911 operators and police dispatchers even humor these people? If someone complains about a "suspicious person", ask what makes them so suspicious. If the answer is "THEY'RE BLACK AND WALKING DOWN THE STREET!", just hang up.
46
@Natalie Make no mistake, I agree these police officers should be charged. But I wouldn't extend that level of blame to the caller. The young man was a wearing a ski mask in warm weather. I understand this was because he had skin or cold sensitivities, but it still would have looked kind of suspicious.
3
@Natalie According to the report, it was a 17-year=-old kid who saw some odd behavior. From what I read in the attached report, he accurately reported what he saw. It was the police who escalated the interaction, not the kid.
6
@Sonja B Odd maybe, but suspicious? Was he threating anyone or was it the color of his skin that made him look "suspicious"? I've seen people on the streets wearing all kinds of weird things. I see people wearing sweaters and hats in warm weather and shorts in the winter. Should I call the cops on them? This kid was minding his own business and the caller should have minded his.
14
How many more innocent people have to die for walking home while black? He taught himself the violin no less. I had a friend, Michael Britt, who looked just like him. Sweet and gentle and charitable. You can see it in his eyes. Couldn’t they? Why not?
That only emphasizes how deep those five men’s hatred for black skin goes. They reacted with hysteria and disregard for human life.
They are sick people, but justice must be served. I envision them going home to their families, sitting down to dinner, and not having any belief or awareness that they had committed a major crime. Three men armed, the other two accomplices. It sounds like a Truman Capote novel. May he rest in peace. My sincere condolences to his family and friends.
27
The prosecutors who declined to press charges should also be charged with crimes. Looked to me like they were part of a conspiracy to prevent Justice for this innocent person. Let’s be clear. He did NOTHING wrong. Yet they killed him. He was alive two days before they stopped him. He was alive until they stopped him. They caused his death. I am so sorry. As a Black man I live in fear. I look at my boys of 4 and 7 years and know that within a few years I must take them out of America. This is not a safe country for Black folks.
39
I pray that the cops and paramedics will be convicted. We have a long road ahead to truly receive justice!
25
Very sad case.
I hope every police officer in the country, and paramedic that do the dirty work without court orders to do so, tread very carefully when they put your hands, knuckles and syringes into innocent Americans.
15
You can't hang this all on the police officers and paramedics. There should be culpability on the part of Dave Young and the Adams County DA's Office. Yet another racist, "I got your back" refusal to prosecute.
36
Sickening. Don’t defund the police but train them lots more than they are now. So many young Black men who have died by police actions. Police are learning slowly, that they are not above the law.
13
The video of this murder is heartbreaking. Nothing will bring this innocent young man back.
17
@carlos This was a horrific crime that started with someone who made a phone call based off of their own perception starting with the color of this young man's skin. My husband and I watched in horror the webcam video of his tragic arrest that was reported on 60 Minutes.
You said that "Nothing will bring this innocent young man back". But he has a chance to live again in a world where these sad events will no longer be happening. Jesus spoke about a future resurrection on earth of the righteous at John 5:28, 29. That brings me comfort and I hope it will do the same for you.
1
If this kids story doesn't make you sick your not paying attention.
28
Elijah was apparently listening to music with headphones, joyously walking down the street, when he was jumped by three Orcs with badges. Of course they claim his behavior was "suspicious", because as racist sociopaths they would not recognize Joy, even if they would be strangled or injected with it.
42
These cops are probably motivated by racism. I've little doubt of that. But if we want to stop police brutality we need stop color coding these incidents. We're all in this together..
Last March an uncle of mine was stopped for an expired car registration. He showed the cops his temporary, his license, his insurance card, and complied with everything they asked until they asked if they could search his car. He declined. He made a move towards the car and was 'ordered' to stop. Why? no reason, Drugs, terrorism, child porn, it doesn't matter to cops. One officer grabbed his arm and caused immense pain because of a chronic bone condition. He pulled away reflexively and within seconds was on the ground with a huge male and a very aggressive female cop screaming at him to stop resisting or she'd taser him. He suffered two cracked ribs. If they ask if you want to go to jail and you say 'yes', you go to jail. If you say 'no', that's resisting, and you go to jail. These cops are in love with authority.
This man is seventy years old, Caucasian, well dressed, educated, and this occurred in a resort town on a bright Saturday morning. Maybe if he'd been a black kid in another situation he'd be dead now. That is the tragic truth. But the difference is only of degree, not of kind.
People of all colors are at the mercy of criminals with badges. Can't happen here? Can't happen to you? Don't kid yourself, this is everybody's problem.
97
@Sera It happened to me as a white teenager almost fifty years ago. A cop gave me a concussion for no reason that left me in and out of consciousness for four days. They continued to rough me up at the precinct until I threw up on one of them and passed out. I think that’s when they got nervous and decided to call someone to get me. I was never charged with anything. I’m guessing they just didn’t like hippies. It’s way past time for us to purge sadistic cops from the ranks of police.
15
@Reparations Plus…
Sorry man. I could have written the same note, as well as many of my friends. I once had a cop yell out to another as he led me to the holding cell, ( I was a thirteen year old runaway), "Don't get any blood on your nightstick!" Cop humor.
As for your note about hippies, that's more than a good guess...The chief of staff at the Nixon White House is on record as saying that the war on drugs was carried out with two parallel aims: To make life hell for blacks, and for hippies.
I was in Berkeley in 1968 when Huey Newton was in jail, and for a cop, a Panther, or a Hippie made the same notch on his belt. That's why I believe so strongly than we must not let ourselves be divided, all these years later.
Best to you.
7
At last. Just last week I was introduced to a person who told me that she came from Aurora, Colorado. I promptly told her why I know that city name. They have police force full of human monsters. My God, and to fill him with animal tranquilizer too. On top of that they mocked his death afterwards. They must be sent to prison for a long time. I saw the video of the other incident when they placed those innocent children on the hot asphalt with the screaming and crying. I looked into the faces of those cops and saw no humanity there. I hope they disband that force and start over again. The poor poor young man did nothing to warrant what happened. I always hoped they would release the name of whoever called 911. Since when do we call police on a person walking down the street bothering no one. That person is guilty too. So if someone looks a little different we sic the police on them? They are all despicable! Our society has become sick.
24
Horrible. They tortured and killed that young man. I'm glad they've finally been indicted.
27
Good. And let us not forget the person who called in the "suspicious person" who was simply a black man walking home. I know nothing will happen to that person but I hope they are wracked with guilt for the rest of their life. I doubt it, though.
25
@Carol
perhaps they believe in the afterlife, in which case they know they will be judged severely
1
Poor kid. He must have been terrified of these murderous cops. I’m so very sorry for his loved ones
23
why inject a guy who's handcuffed with an anesthetic????
36
Aurora Police Association should have been indicted as co-conspirator after the fact.
48
@TVCritic I noticed that too. Pretty disgusting that they think the police did nothing wrong. He DIED, how much more wrong can it get?
12
Defang the police.
22
Has anyone noticed the policing pattern? All the accused are white. Aurora Police Officer Nathan Woodyard was first on the scene on August 30, 2019; he was later joined by officers Jason Rosenblatt and Randy Oedema.
Other Aurora, Colorado cops jokingly re-enacted the chokehold on McClain and made a picture to illustrate how it was done. Erica Marrero (far left) and Kyle Dittrich (right) were fired in July for appearing in the photo,
Colorado ranks third in the nation for white supremacist propaganda.
34
@Jack If anyone is interested I found the original Ambulance report VIDEO which suggests Aurora fire paramedic Jeremy Cooper and Peter Cichuniec gave too much sedative to Elijah McClain who later died. It was reported by FOX31 Denver on Feb 21, 2020.
3
Disgusted, sick and tired of this.
22
Police departments, their unions, and the officials in their pockets cannot be counted on to provide oversight of police.
Easily invoked independent oversight--with teeth--must be baked into reforms.
NYT, please write an article on how average citizens can strategically and speedily achieve such oversight reform of their own police departments.
21
@JB It seems that almost every police department in the country observes a "blue wall of silence". The general rule is "if it wasn't caught on video it didn't happen".
You're right, this needs to change by legislative action.
7
Clearly the Aurora police department seriously lacks proper training, supervision and accountability. The case also highlights the roles local prosecutors play in enabling misconduct. While the indictment is a necessary step - - and indeed seems amply warranted - - more action is needed to clear out the bad actors in the department and prosecutor's office. As local departments and prosecutors won't clean up their acts, seems to me that this is a civil rights issue appropriate for federal legislation. We need national standards on use of force, body cameras, investigations of use of force and indeed punishment of police and also prosecutors who all too often are partners with police in covering up misconduct.
12
Reading that independent report is horrifying. But also gratifying that an in-depth analysis acknowledging the potential role of implicit bias at each step of the encounter was actually done. I hope reports like this one become routine.
16
Once upon a time you could reach the conclusion of "crazy" by someone talking to themselves, not hearing your question, or perhaps waving their arms about. Now, as soon as you see ear buds, you have to assume they are either in conversation with someone who is not physically present on the site or that they are listening to music. And if you don't see ear buds right away, you should be on the look out for them. This has been true for at least 15-20 years.
5
Look, resisting arrest (which Mr. McClain was not doing, by the way) should not be a death sentence.
When police learn that they should be patient, patient, patient and explain what they're doing -- especially if the situation isn't life threatening -- then we'll see less of this. But we train officers to control with violence rather than reason, even when their lives are not in danger. It is on us as a society when we don't demand better from police.
We're so afraid of the police letting someone go who does a crime, than we are of the police doing a crime. We're so selfish.
21
Charges are one thing, convictions are another. Will they be able to find an impartial jury which weighs the merits of the case?
10
I read the full independent report since this is my backyard. From said report: "Within ten seconds of exiting his patrol car, Officer Woodyard placed his hands on Mr. McClain. Mr. McClain had no observable weapon and had not displayed violent or threatening behavior. No crime had been reported."
It's deeply concerning that the officers went directly to physical force. Again, from the report: "When officers use “forceful techniques,” a lawful investigatory stop requiring reasonable suspicion of a crime generally becomes an arrest, requiring the officers to have probable cause that a crime was committed by the subject."
No weapons, no crime, no reports of a crime from 911, no reasonable suspicion of him having committed any crime. Yet within one minute they had physically restrained him.
The only crimes here were killing an innocent young man, unlawful restraint and detention by the officers, and a DA's office that sided with the officers rather than with the facts.
31
@Fredd R
each of the murderers should get ten years in jail, no parole.
that would be the 3 cops and the 2 'executioners'.
6
@East Coast Ten years is not long enough to send a message and act as a deterrent to other sadistic cops. Ten years is not long enough to stifle the anger I feel over what happened to this so very kind and innocent soul.
4
This lovely, innocent, carefree young man went out to buy a drink at a local store and was walking home and he ends up dead at the hands of the police and paramedics. It's a travesty ... the police and paramedics need to be held accountable. Let me say this one more time ... young man died because he walked to the store. It's tragic that it's taken two years to potentially bring justice to Mr. McClain's family.
25
Why was Mr. McClain injected with ketamine at all? Where is that part of police procedure or EMT procedures? This is monstrous. How do the police expect anyone, especially people of color, to trust them? After reading these stories I'd want to run in the opposite direction as soon I'd seen a police officer.
Thank heaven for smartphones. At least we're getting to see what the police do in the name of "protecting the public". And it's not protecting us. It's creating more problems.
We need to change who we hire to police our communities. Too many of our police officers are unapproachable, pay more attention to their smartphones than the public (and I speak from experience here), and rely on intimidation to control a situation rather than constructive interventions.
Nothing will bring back George Floyd, Elijah McClain, or others murdered by the police. Yet from these horrible occurrences there should be changes. Skin color is not an indicator of criminality. Mental illness is not synonymous with physically endangering an officer armed with a gun. And calling police officers names, while disrespectful, is not an arrest worthy event. If you're that thin skinned, don't become a cop.
22
"Prosecutors in Adams County declined to file criminal charges against the police officers" This happens all the time when police commit crimes..And will anything happen to the prosecutors?
9
Two years to bring charges against the officers involved when the evidence was there the whole time?
These officers not only killed a defenseless young man who wasn't even breaking the law, they thought it was funny and actually joked around about it afterwards. Clearly there is no remorse on the part of the officers involved in the attack, and I hope that fact is considered evidence against them during the trial.
22
One of the most significant and pernicious problems we have in law enforcement in America is on the front end of hiring police officers, when municipalities give former soldiers advantages on employment tests.
Soldiers do NOT receive appropriate training to interact with civilians in peacetime. They are trained to apply maximum force and kill human beings, not deescalate and negotiate conflict while applying constitutional principles in the course of their duties . Not only shouldn't they receive advantages for employment, police departments should be skeptical of former soldiers entering law enforcement and subject them to additional psychological evaluations to determine their suitability for the job. Overcoming the extensive training and experiences of being in the military is a formidable challenge that many cannot achieve.
We train teenagers with minimal education to become solder killers, send them to Afghanistan to kill, and then when they come back traumatized and (in many instances) suffering from PTSD, we invite them to patrol our streets and make life and death decisions interacting with citizens.
It's a recipe for disaster, and it's a disaster that gets repeated time and again on the streets of America, and yet we keep wondering why things continue going wrong.
It's the epitome of doing the same thing over and over again and expecting different results.
29
Quality comment. Well said.
Police really did used to seem friendly and helpful- now they just want to ticket and arrest.
5
@Bill
Perfect analysis; I could not have put it better myself. Retired from the job. I have been saying all the above for the last 15 years. Prior to that there was a fair mix of soldier/civilian hires. Angry mentally ill occupiers are the new recruits.
9
Adams County and Aurora have some serious law enforcement problems while in Loveland, Colorado an older women suffering from Alzheimer’s was arrested by police in an extremely aggressive manner.
It took the State Attorney General to bring indictments in the McClain case, which makes one wonder what Adams County thinks is an indictable offense.
24
This young man contributed greatly to our society by just being him, his beauty, his soul, his kindness, I wish I had the opportunity to have known him. What was the ultimate purpose of treating him this way? I hope these people find solace in that purpose as they spend time in jail and ponder the reasons why they had to do treat this man this way, especially where there was no causation to do so, except that he was a young dark-skinned man, his only crime I am sure the defendants will request the mercy they chose to deny their victim. They should not expect any.
21
This is not manslaughter; it’s second-degree murder.
The paramedics are especially responsible. Medicine is NEVER to be used to subdue patients, paramedics don’t have the license to order or administer general anesthetics, and even if they did it was clearly not indicated and given in overdose levels.
Further both police and paramedics have a duty to protect the public: they should have enhanced charges and sentences.
The family should also sue them personally as well as the police or fire department. Based on the charges filed, the system is protecting the killers and likely hiding information.
No mercy for pederast priests, bullying cops, or murderous paramedics, or for the systems that protect them.
42
It sounds like Elijah was on the high end of the spectrum and the cops didn’t know what to make of it so they just resorted to their default setting.
9
Clearly we are in need of a federal program to assist local police departments in several areas: (1) properly screening applicants for violent or racist tendencies; (2) training in de-escalation of situations that are going out of hand for no good reason; (3) proper training on when to use force such as a choke hold; (4) the consequences they will face if they exceed their authority.
These items should be offered free to all police departments. It is ridiculous that we have so many loose-cannons as police officers. It is very fixable though with better training and screening.
7
Loose cannons are not the problem.
More often, good people join the department but are eventually twisted by the department contempt for the community and the protective wall of superiority that they end up participating in escalating crimes like this.
“defunding the police” is on the table precisely because the system is broken, making good people bad, and the system resists all cooperative efforts at change.
Let’s not feed the system by subsidizing recruiting and training.
2
Fantastic news. I'll be following this story closely- this was the worst one I saw.
8
Police actions are - unfortunately - consistent with out-of-control actions of other rogue operators that we now see reported every day.
What is more troubling is the role of the paramedic medical personnel. Ketamine?!! They had the opportunity and responsibility to defuse the situation.
Off-duty EMTs in the crowd in Minneapolis were literally fighting to help George Floyd. Mr. McClain deserved better.
14
The pain from this loss just makes me cry.
RIP Elijah!
22
“I’m an introvert and I’m different,” Mr. McClain told the police, according to audio recordings from the stop. “I’m just different. That’s all. That’s all I was doing. I’m so sorry.”
How couldn't another human being be moved by Mr. McClain's words? If more people were like Mr. McClain, what a wonderful world this would be.
65
I honestly did not expect any justice for this event. I expected nothing to happen. I am very surprised.
5
@Estevan
Don't celebrate yet. wait for the verdict.
Undoubtedly the police will claim that their lives were in danger from this skinny, unarmed innocent young man.
7
Ketamine? Really? Who hands ketamine to paramedics? I'm a physician and I'm gobsmacked.
This is LONG, LONG overdue.
67
The police officers and paramedics who killed an innocent man, Elijah McClain in 2019, will be brought to justice in Aurora CO. This tragic and heartbreaking murder was similar to the horrendous videoed murder perpetrated by the police and paramedics in May 2020 against George Floyd in Minneapolis. Justice delayed for Elijah McClain was justice denied for the past 3 years. Justice has not been delivered to the 3 police officers in Minneapolis. One ex-officer was convicted in that case and is in prison. How many more innocent American men and women will be murdered by American police officers who will not be held accountable?
10
@Nan Socolow
The other officers are being tried separately. If I were them I would be very afraid.
1
This is one of the most detestable murders ever committed by police.
He liked to play his violin for the local shelter animals.
533
@Larry Brothers I agree; it was so senseless and I think they are guilty of murder(three cops) and belong in jail for a long time. He had committed no crime except that for people of color being out in public is a crime to cops. I fought in Nam with some wonderful brothers and the racism I saw in the South growing up is sadly worse today with the politicians we have and the uneducated bullies hired b police depts who enjoy harassment. It's time to hold cops responsible..Pasttime.
44
@larry england
Those who fought in Vietnam did for democracy abroad. It is time to bring it home.
18
@Larry Brothers
Not only should the murderers be convicted and thrown to jail for very long sentences but the Police Association should be disbanded.
Those carping that indicting was an overreaction should be summarily fired. They are a disgrace and their provocation hurts the Aurora Police reputation.
The few hoodlums in police departments around the country are a tiny minority. They should be weeded out before they commit crimes. Police unions seem to be in the hands of the bad elements.
25
What a horrible crime. These predators got away with lynching this man - he's gone, and we are left to face, yet again, the grotesque mess that we created and have allowed to flourish: killers are everywhere, carrying badges and guns, just waiting for their opportunity. Even if these five are removed from society forever, there are so many more. We are a sick society.
317
Hallelujah! Of all the senseless killings of black men in recent years, this was the most senseless of all.
182
It's about time.
131
Concerning “Prosecutors in Adams County, Colo., declined to file criminal charges against the three officers involved in Mr. McClain’s death,” suggest reading Adams County DA Dave Young’s letter to Chief Metz, Aurora Police Dept. @ http://adamsbroomfieldda.org/wp-content/uploads/2020/06/ICD-8-24-19.pdf
12
@Gretna Bear I will point out that the temperature the evening of Aug. 24, 2019 in Aurora, CO was NOT "reported to be approximately 80 degrees" per the letter you cited. It was in the high 60's per historical weather data for that night (simple Google search). Mr. McClain's use of a mask and jacket should not have immediately caused the cops to think he was being suspicious based on attire. Many would have been wearing similar clothing.
5
@Gretna Bear- the prosecutors should at a minimum be fired, or jailed for dereliction!
5
@Gretna Bear Reading this document it seems to me that the Police are using recordings to justify extralegal killing " he is going for your gun" never happened.
5
I wish that one day that the police brutality stops. Will blacks ever be treated equal? Will there ever come a time, police brutality is reformed? We've always been waiting for a change, when will it ever get to us?
75
@Shannon Agnew - Never will be if the republicans take over the government in 22 and 24!
6
Why did this take 2 years? The body cams showed the cops violently attacking a man who was just walking home. The cops should have been fired and charged within weeks.
483
@Rob in part it took a long time because police union got involved and tried to reverse the firing of these officers
38
Because Police CANNOT police themselves. Ever. Ever.
55
"Prosecutors in Adams County, Colo., declined to file criminal charges against the three officers involved in Mr. McClain’s death."
This was the second crime.
459
@JR
exactly!
14
@JR
Bingo! And those prosecutors who failed to stand up for justice and to protect the public's rights should be NAMED.
How any of them can remain practicing lawyers is beyond comprehension.
24
@JR I agree. The prosecutors tried to sweep this one under the rug for their blue buddies. The coroner did, too. I wonder why the prosecutor’s report failed to mention petichial hemmoraging as evidence of trauma. “Petechiae occur when superficial blood vessels under the skin break. Petechiae may look like a rash. The most common cause of petechiae is physical trauma, such as a violent coughing fit, prolonged vomiting, or excessive crying. This kind of trauma can result in facial petechiae, particularly around the eyes.” Situations like this should always require an independent special prosecutor and medical examiner.
19
Finally. Thankful for Attorney General Phil Weiser. Hope justice will be done. One needs to be able to trust police officers and medical professionals to help not kill.
83
This required a two-year investigation? I'm sorry, but nothing about how law enforcement works in this country ever makes any sense.
166
Nothing will bring back this young man's life, but maybe justice will eventually be served to these murderers. And murder is what it was, and what these officers and paramedics should have been charged with.
90
I don't understand why the charges aren't more substantial. They murdered this young man. Full stop. They pulled him over for no reason than his Black skin. He complied over and over and they murdered him and tried to cover it up by 'reviving' him. Elijah McClain was an innocent person and he was murdered by Aurora police. His gentleness and kindness will never be forgotten. There needs to be Justice for Elijah.
391
@WriterGirlCT
I am guessing they went with the highest charge they feel confident getting a conviction on. It's very hard to get proof on the various n-degree murders because you have to proof either premeditation or intent to murder and other factors which can be very difficult. Much better to secure a conviction than to see them walk away because of high burdens of proof
14
@WriterGirlCT
I support the filing of these charges, but let's keep the facts straight. First, the police stopped Elijah because they had received a 911 call reporting someone wearing a face mask and acting suspicious -- not just because he was Black. Lest we forget, wearing a facemask in public wold have been considered very unusual back in 2019. Second, he did not immediately comply with the officers requests.
Elijah McClain was innocent, should not have been harmed, and arguably should not have been stopped at all. But let's not distort the facts. There is zero evidence that the officers and paramedics intended to kill Elijah. The charges filed are the appropriate charges under the circumstances.
5
Non compliance should not be a death sentence
20
So, what is the status of police reform that will weed out killers and lethal procedures against unarmed individuals?
"Defund Police Murders"
36
Ketamine is administered only at hospitals with life support. Did the para medics illegally give it? If so a higher sentence will need to be given.
164
@Es Jee No, ketamine is routinely used by paramedics for pain management and pharmacologic restraint.
2
Ketamine is used by paramedics when they intubate in the field. It doesn’t say if he was Ed on scene, doesn’t sound like he required intubation until he viciously attacked you the police.
@Es Jee The way I heard it, the police insisted that the paramedics give Mr. McClain an extra large dose of ketamine. They knew it was dangerous but complied anyway!
3
One of the worse cases of bigotry, senseless, and evil.
154
"Our goal is to seek justice for Elijah McClain, for his family and friends and for our state,”
What can constitute "justice" for this wanton death of a 23 year old innocent.
63
@John
He didn't say "get," just "seek."
Like the ultimate answer to life, the universe, and everything.
Maybe ejecting the bigots, cozeners, nepotists (giving and getting), political demagogues, fire-breathing "preachers," and a few dozen other distasteful elements of society from positions of power would be a start.
But that would require an involved, informed citizenry, with humanistic values at heart.
I'm not optimistic, and I apologize for not even beginning to answer your question.
This case frankly I think was the most tragic and horrid that I had learned about in the past few years besides George Floyd. A young man committing no crime is put in a choke hold, by force given lethal drugs on a whim with lies ends up dead. How this wasn’t a crime from the start was just beyond me. No probable cause, no reasonable suspicion other than “being suspicious”. The officers not only mishandled the interaction, but also the paramedics filled him with an extraordinary amount of ketamine without any diagnosis. This frankly should be illegal! The idea that they give a person without knowing there medical history a drug combo without consent is just astounding. frankly they all deserve quite a lot of time in jail as this poor young man is dead for absolutely no good reason.. totally beyond tragic
306
@Trouble
Just spitballing here, but here are three things to consider.
1. Paramedics respond to situations as they find them, and of course part of that would be cops insisting the guy is extremely violent. I don’t know rhe administered dose, and whether it was within guidelines.
2. I’m pretty sure that if I was in need of medical attention, I wouldn’t want the paramedic fumbling around trying to get a “diagnosis.” Whether this person actually needed a medical intervention is of course an open question. But paramedics second guessing themselves is where this will be headed.
3. Why are we not all provided with the name of the “Concerned Citizen” who was so frightened by the sight of one of “those people” walking through the neighborhood that the cops, always ready for a good time, had to be called?
5
@Dan I only agree w/#3 of your answer
10
@Dan Ifvthere were a thumbs down option, your comment would definitely get one from me.
3
Thank goodness this has been done.
15
It's about time! First degree murder would have been a more fitting charge. But that least there's this.
47
@Lily164
The charge WOULD have been first degree murder if the perpetrators had not been carrying badges and paramedic licenses.
7
Although today's indictments will not bring back Elijah McClain, they are very important to the growing body of law which protects our fellow citizens who commit the unforgiveable offense of walking (or driving) while Black. It is vital for all of us white Americans to say to racist white police officers, "Enough is enough!"
43
@sdw ...or breathing while Black!
4
@Lily164
But you have to get real up close - into their face - to determine whether they're BWB.
After that, it's a matter of resisting arrest, and all bets are off.
Shame on the Adams County prosecutors for not doing their job!
Governor Polis clearly did the right thing and so did the grand jury.
We are way past the time when this kind of police conduct should be overlooked or tolerated or excused.
It is one thing to support the police, another thing to condone stopping a person of color for no reason, physically abuse him and stop his breathing and inject him with a deadly drug.
84
Although long overdue, this is a great first step towards justice for Mr. McClain and accountability for police.
32
"Prosecutors in Adams County, Colo., declined to file criminal charges against the three officers involved in Mr. McClain’s death."
Prosecutors have an inherent conflict in assessing charges against police, but the Adams County DA achieved a new level of shame with that stupefying decision.
186
What about the city government that shielded the police and paramedics from accountability? Why aren't they facing consequences as well?
They enabled the climate that led to this tragedy, and their subsequent stonewalling led to there needing to be a Grand Jury just to bring the full truth to light.
244
@GMengel Part of problem was involvement of police union who sued o have officer's termination reversed.
12
@GMengel This is also the attitude toward prosecutors who manipulate evidence or discover that the person being prosecuted is innocent, but continue to prosecute them.
2
There should also be some type of punishment for the Prosecutors in Adams County for declining to file criminal charges. Enough of this already.
447
This is great news, but it’s infuriating that it took this long for charges to be filed. The police officers should be charged with hate crime as well.
104
@Kathy I am thinking about the second group of police officers in Aurora that took a commemorative photo of the abuse of McClain at the location, all smiling and thinking it was a funny joke. That was also very much akin to a hate crime, imho.
14
Why are paramedics even allowed to utilize ketamine to subdue an individual? It is a powerful dissociative general anesthetic with possible idiosyncratic reactions. Anesthetic training is paramount when using such medications. Complications from the anesthetic , airway mis-management and brutal force more than likely led to the death of this young man. It seems to me the state of Colorado, and any other state, re-think the administration of powerful general anesthetics in the field without appropriate training.
248
@Robert Peak Unfortunately one of the limitations for paramedics is limited training. While there is a push to make it a two-year degree, there are courses that will certify someone as a paramedic in less than a year. Ketamine has a safer drug profile than many other medications that paramedics are authorized to administer.
I agree that instead of taking away important resources from paramedics, there should be a higher standard of education nationwide.
18
so your take away from the story is that paramedics need more training on the use of ketamine??!!
3
@jbc it was only one point, a major one in our society of mislabeling mental health and what constitutes anyone from shooting up another person with any kind of drug whatsoever without knowing their history
7
Thank God! What's the matter with these people--lack of training or just prejudice. I'd like to know. Five people involved and none made the right decision. Time for some serious consequences, please!
44
I am a doctor and I find the behavior of these paramedics disturbing, nauseating and terrifying. What about their oaths to do no harm?
333
@Adam They are white and racist. White doctors have never had a problem ignoring their hippocratic oath when it came/comes to treating POC, especially Blacks and Native Americans. The behavior of the paramedics does not surprise me at all.
18
Those paramedics obviously don’t know what the Hippocratic Oath is. Injecting someone with ketamine at the insistence of three police officer, who have already subdued the guy, what has the world come to.
8
This is welcome news. From the get go, the handling of this incident was mishandled. That the police and paramedics got off scot free in the first place has indicated to the public, that first responders have no accountability. I appreciate that the Grand Jury and Mr. Wieser have indicated this perception is incorrect. Mr. McClain deserves justice, he should never, ever have been hurt let alone died!
53
It's taken two years to even begin to bring justice to this gentle. young man and his family, but as some very wise Greek said, "The mills of God grind slowly, but they grind exceeding small." Let justice rule.
37
@Sarah
When it comes to retributive justice, the mills of God aren't always on duty.
When it comes to POC and other minorities in the USA, some people might say they often don't grind at all.
They might even grind in reverse, where the victim takes another hit in the aftermath of the original incident. Consider Black Lives Matter activists responding to gratuitous tortures and murders: most of them don't commit violent insurrection, but they are consistently demonized, brutalized, and pursued by the combined forces of a militarized Law Enforcement establishment. Backed up, may I add, by the most expensive war machine in history.
We even had a president who wanted to massacre them wholesale, and a kid armed with an assault weapon got patted on the back (and offered Coke) by police after shooting two of them.
I don't care to depend on the mill of God for justice here on earth. Dogma beats karma at least two falls out of three.
1
@Sarah
OTOH, someone (probably almost as far back as the ancient Greeks) once said,
"Justice delayed is justice denied".