Police face new lawsuit, probe into Elijah McClain’s death


DENVER – A police department in suburban Denver on Tuesday afternoon encountered a new set of investigations and legal issues as controls mounts on the death last year of Elijah McClain, a 23-year-old Black man in a chokehold set by officers, and other run – ins with people of color.

McClain’s parents prosecuted the Aurora Department and paramedics who injected their son with a sedative, saying they were both responsible for the loss of a “beautiful soul” and for sending a message that “racism and brutality have no place” in U.S. law. ”

Shortly afterwards, the Colorado Attorney General announced an investigation into civil rights to the department, the first under a new police reform law that went after George Floyd’s death in Minneapolis sparked worldwide protests. Attorney General Phil Weiser’s office said it was investigating whether Aurora officers had deprived people of their constitutional rights for several weeks and that it was separate from a probe into the death of McClain, who Gov. Jared Polis ordered in June.

They are among several investigations into Aurora police who have drawn out laughter amid a nationwide bill on racial injustice and police brutality.

On Tuesday, the city manager and new police officer also said that an outside company would review the department, including its policies and practices on the use of force and discrimination policing. The city council has already begun an investigation into Aurora’s policy on the use of force and ketamine, the sedative injected into McClain.

“We embrace this opportunity for change and aim to evolve to improve our profession, our community and the residents we serve,” said Police Chief Vanessa Wilson, who was named to the post last week. , in a statement.

The city declined to comment on the trial of Sheneen McClain and Lawayne Mosley, who accused police of a years-long pattern of racism and brutality.

They allege that their son was unlawfully stopped on the street and that officers later tried to justify their aggressive treatment of McClain by charging an assault and making a note in a police report suggesting he was linked to a gang.

McClain’s parents said their son, a massage therapist, was a creative and peaceful man who played his violin for cats at shelters to reduce their loneliness and would not swat a fly.

On August 24, 2019, police stopped McClain when he was wearing a ski mask and headphones after receiving a 911 call and reporting him as “sketching.” His family said he wore the mask because he had a blood condition that caused him to get cold easily.

Video from the police body camera shows an officer getting out of his car, McClain approaches and says, ‘Stop immediately. Hold up. Hold up. … I have the right to stop you because you are suspected. “

In the video, the officer turns to McClain, who looks confused, and repeats, “Stop straining.” As McClain tries to escape his grasp, the officer says, “Relax, or I’ll have to change this situation.”

Other officers tried to restrain McClain, and he begged her to let her go, saying, “You started arresting me, and I stopped listening to my music.”

Police put him in a chokehold, and paramedics gave him 500 milligrams of ketamine to calm him down, which the lawsuit says was too much for someone weighing about 140 pounds (65 kilograms).

Police say McClain refused to stop running and fought back when officers tried to seize him and that they thought he was trying to take an officer’s gun, which the case disputes.

McClain suffered cardiac arrest and was later deprived of life support. A prosecutor said last year that there was not enough evidence to accuse the officials, who now control the Attorney General.

The lawsuit says two officers reported that all three put their weight on McClain after a chokehold. One officer estimates the collective weight to be over 700 pounds (320 kilograms).

The lawsuit comes just a week after police officers passed for placing four Black girls on the ground and two of their handcuffs during the investigation into a suspected stolen car. It was later found that it was not stolen.

Wilson, who was interim chief, took the steady job last week and said she is committed to building trust and wants to empower police to consider whether they are trading on biases.

She called McClain’s death tragic and said she was “angry and disgusted” by the treatment of the girls. She has taken some steps to hold officers accountable.

After the girls were handcuffed, they requested an internal investigation. A prosecutor also commits the actions of the officers.

As interim chief, she told police following McClain’s death that she would no longer have to contact a person suspected if she did not commit a crime.

When they spotted photos of police re-deploying on the chokehold used on McClain, they quickly moved to three officers, including one involved with McClain.

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Nieberg is a corps member for the Associated Press / Report for America Statehouse News Initiative. AP reporter Thomas Peipert contributed to this report.

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