CO Opens Grand Jury Investigation Into Elijah McClain's Death

AURORA, CO — Colorado Attorney General Phil Weiser on Friday announced he is launching a grand jury investigation into Elijah McClain's death. The 23-year-old Black man died in 2019 after Aurora police arrested him violently and paramedics sedated him with ketamine.

"The grand jury is an investigative tool that has the power to compel testimony from witnesses and require production of documents and other relevant information that would otherwise be unavailable," Weiser said in a statement.

“Our investigation will be thorough, guided by the facts and law, and worthy of the public’s trust. In order to maintain the impartiality and integrity of the process, we have no further comment at this time.”

Gov. Jared Polis signed an executive order in June that designated Weiser to reopen the case.

The City of Aurora launched an independent investigation into McClain's death. The results are expected in February, officials said.

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.

"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 after he appointed Weiser to reopen the case.

"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."

The Aurora Police Department has banned carotid pressure holds, and created 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 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.

More than 5 million people have signed a petition that calls for further investigation into McClain's death.