Colorado To Reopen Investigation Into Elijah McClain's Death

Colorado Attorney General Phil Weiser has been appointed to investigate the death of Elijah McClain, a 23-year-old Black man who suffered a heart attack after Aurora police officers placed him in a chokehold and paramedics injected him with ketamine. Gov. Jared Polis signed an executive order Thursday designating Weiser to reopen the case.

“I was moved by speaking with Elijah’s mother and her description of her son as a responsible and curious child who became a vegetarian to be healthier, and who could inspire the darkest soul," Polis said in a statement.

"His friends describe him as a gentle peacemaker who worked as a massage therapist and enjoyed playing the violin. Elijah McClain should be alive today, and we owe it to his family to take this step and elevate the pursuit of justice in his name to a statewide concern."

On Aug. 24, 2019, McClain was walking home from a store at night and wearing a ski mask because he was anemic and needed to keep warm, his family said. Someone called Aurora police and reported seeing a "suspicious man," and officers arrived.

Police said they told him to stop and he didn't stop, and then officers tried to physically stop him. McClain was placed in a chokehold and held on the ground for 15 minutes, officials confirmed. Aurora paramedics were called to assist and injected McClain with ketamine. He went into cardiac arrest on the way to the hospital and fell into a coma, and later died.

Mari Newman, the lawyer for the McClain family, said the 23-year-old was vomiting while he was on the ground, and saying "I can't breathe." She said an officer then threatened to call in "a dog to bite" McClain if he moved again.

Earlier this month, the Aurora Police Department announced that it is banning carotid pressure holds, and creating a duty for officers to intervene if they believe colleagues are violating department policy. The department's policy on suspicious person calls was also changed — officers are not required to make contact with someone who has been reported as suspicious, but rather observe them to see if a crime is being committed.

After the policy changes were announced, Aurora Police Department Interim Chief Vanessa Wilson said the department recognizes that Black people are reported as suspicious at higher rates than other races. She said that "no one should ever be considered suspicious based on the color of their skin."

An autopsy revealed inconclusive results about McClain's cause of death, and after an investigation, the officers who held him down were not charged.

“As a father, my heart breaks for the McClain family," Polis said in a statement. "All Coloradans should be safe walking home from the convenience store, or just being in their own neighborhoods listening to headphones."

"Unfortunately, I know that is not how many people — especially young people of color — feel in our state today, because I’ve heard it from them directly. We need to do a better job, and at a bare minimum they deserve a thorough review of the case.”

More than 3 million people have signed a petition calling for further investigation into McClain's death.