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US Elijah McClain: Sheneen McClain relieved her son 'is no longer labeled a suspect' after investigation into officers' actions

09:37  23 february  2021
09:37  23 february  2021 Source:   cnn.com

Details to be released from report on deadly police encounter with Elijah McClain

  Details to be released from report on deadly police encounter with Elijah McClain Elijah McClain was a 23-year-old autistic musician who died following a 2019 encounter with Colorado police officers. Details of the report are to be released prior to Monday evening's Aurora City Council special study session on the report, which will be livestreamed online. The panel, which ordered the probe, is to hear a presentation from the investigators who spent seven months examining the high-profile case that prompted protests in Colorado and across the nation.

Elijah McClain died after a police encounter almost one year ago. Here's what happened since. The Aurora city council funded the report in an attempt to get a third-party, independent examination of McClain 's case. The investigation was conducted by a panel made up of Jonathan Smith, executive director of the McClain 's death days after his interactions with police brought renewed scrutiny of the use of carotid holds and the sedative ketamine during law enforcement stops. His case gained renewed attention during Black Lives Matter protests over the summer in the wake of the police killings of

According to the statement, McClain 's mother, Sheneen McClain , "is relieved that the truth surrounding the death of her son is finally coming out," adding that had he lived, he would have celebrated his 25th birthday this week. "This Report -- with its stark and unequivocal indictment of Yet, at every stage, Aurora has defended its officials for their blatantly unlawful actions and refused to discipline anyone involved in Elijah ’s death." PHOTO: People gather at a candlelight vigil to demand justice for Elijah McClain on the one year anniversary of his death at The Laugh Factory on Aug.

Sheneen McClain cried reading an independent investigative report Monday that said Colorado police officers involved her son's death did not have the legal basis to stop, frisk or restrain Elijah McClain.

a man wearing glasses © Courtesy McClain family attorney Mari Newman

"It was overwhelming knowing my son was innocent the entire time and just waiting on the facts and proof of it," Sheneen McClain told CNN. "My son's name is cleared now. He's no longer labeled a suspect. He is actually a victim."

Elijah McClain died in August 2019, three days after he was stopped by Aurora police, put in a carotid hold, and injected with ketamine. No charges were brought against the officers because, District Attorney Dave Young wrote in a June 2020 letter, prosecutors lacked evidence to prove the officers caused McClain's death or that their force was unjustified.

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Elijah Jovan McClain (February 25, 1996 – August 30, 2019) was a 23-year-old black massage therapist from Aurora, Colorado, who died after being placed in a chokehold by police and being

What happened to Elijah McClain ? McClain , an autistic musician and massage therapist, was walking home from the corner store when three white police officers confronted him. A district attorney report later said there had been an emergency call about a "suspicious person" matching his description. The FBI and Department of Justice are also looking into the case after the McClain family filed a federal civil rights lawsuit last year. The family maintains the use of excessive force by police caused his death. McClain has been described by family, friends and business clients as "gentle" and "child-like".

Talisha Williams et al. standing in front of a crowd: People march in the street to protest the death of Elijah McClain on July 25, 2020, in Aurora, Colorado. © Michael Ciaglo/Getty Images People march in the street to protest the death of Elijah McClain on July 25, 2020, in Aurora, Colorado.

Sheneen McClain admitted through tears that she has watched the body camera footage of her son's death over and over because she never got to say goodbye.

"I looked at everything that happened to him because it's my responsibility," she said. "Even in death, he's still my son. His name, his legacy. All that matters."

On the whole, the 157-page report released Monday provides a critical view of police and fire rescue teams in the Denver suburb.

It questions the officers' statements about McClain's "superior strength," criticizes emergency medical responders' decision to inject him with the sedative, and admonishes the police department for failing to seriously question the officers afterward.

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Sheneen McClain says her son was always introverted. She said he'd channel his shy nature by expressing himself through art. "As an introvert you have to find different ways of communication," she said. Referring to McClain , the caller described him wearing a mask said he looked "sketchy" but added that "he might be a good person or a bad person." When asked, the caller told the operator that there were no weapons and that no one was in danger. The operator advised him that officers were on their way to check it out.

How McClain died. McClain was stopped last August by three officers after a 911 caller reported a suspicious person wearing a ski mask walking along Billings Street in Aurora, according to a police news release. That report says that McClain "resisted contact" with officers before a struggle McClain 's mother told CNN affiliate KCNC that her son , a massage therapist, "wanted to heal" others. "He was able to accept love and give love in varying forms," Sheneen McClain said. The reforms made since his death. Colorado officials have started implementing some policy changes since McClain 's

"At the time of the (ketamine) injection, Mr. McClain had not moved or made any sounds for about one minute," the report states. "In addition, EMS administered a ketamine dosage based on a grossly inaccurate and inflated estimate of Mr. McClain's size."

The attorneys for McClain's mother released a statement Monday praising the investigative report and slamming the police department's "sham investigation."

"Aurora is responsible for Elijah's tragic death by virtue of its employees' unlawful and unconscionable actions," the attorneys said.

"Elijah believed in humanity and that humanity mattered," Sheneen McClain said in the statement. "Inhumane humans are a problem and we must stop unjust laws."

"This report confirms what we have been saying from the start," McClain's father, LaWayne Mosley, said in a statement. "The Aurora police and medics who murdered my son must be held accountable."

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McClain 's parents sued the Aurora Police Department and paramedics who injected their son with a sedative, saying they were seeking both accountability for the loss of a “beautiful soul” and to send a message that “racism and brutality have no place in American law enforcement.” The office of Attorney General Phil Weiser said it's been looking into whether Aurora officers have been depriving people of their constitutional rights for several weeks and it's separate from a probe into McClain ’s death, which Gov.

The initial stop of McClain was questionable, as "none of the officers articulated a crime that they thought Mr. McClain had committed, was committing or was about to commit," the report found. A chokehold was used during the confrontation and he was injected with ketamine, with authorities believing he was in a state of excited delirium and posing a threat to officers , authorities have said. "Based on the record available to the panel, we were not able to identify sufficient evidence that Mr. McClain was armed and dangerous in order to justify a pat-down search," the report said.

Police declined to comment further on the report. CNN has reached out to Aurora Fire Rescue for comment.

The Aurora City Council paid for the report to get an independent examination of McClain's case. The investigation was conducted by a panel made up of Jonathan Smith, executive director of the Washington Lawyer's Committee for Civil Rights and Urban Affairs; Roberto Villaseñor, the former Tucson, Arizona, police chief; and Dr. Melissa Costello, a practicing emergency medicine physician and EMS medical director based in Mobile, Alabama.

The panel relied on the 911 call, officer body camera footage, reports and narratives, and medical records. The panel also relied on seven filmed interviews with officers and first responders conducted by a Aurora Police Major Crime/Homicide Unit detective. These seven witnesses declined to be interviewed by the panel.

The investigative team was expected to present its findings to the City Council on Monday. The city manager, police and fire chiefs, and members of the investigative team plan a virtual news conference Tuesday morning.

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McClain's death days after his interactions with police brought renewed scrutiny of the use of carotid holds and the sedative ketamine during law enforcement stops. His case gained renewed attention during Black Lives Matter protests over the summer in the wake of the police killings of George Floyd and Breonna Taylor.

What happened that night

McClain, a massage therapist, musician and animal lover, was walking home from a convenience store with an iced tea when he was confronted by three Aurora Police officers responding to a call about a person wearing a ski mask. The caller described the person as "sketchy" but added he "might be a good person or a bad person." A police news release said McClain "resisted contact" with officers before a struggle ensued.

The investigative report released Monday noted that an officer must have a "reasonable" suspicion of criminal activity to conduct a stop. The decision to stop McClain, however, "did not appear to be supported" by any officer's reasonable suspicion that McClain was engaged in criminal activity.

Next, the three officers decided to frisk McClain for weapons, which is legally allowed only where there is a belief that safety is in danger, the report states. The panel was not able to identify sufficient evidence that he was armed and dangerous to justify a frisk.

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"The Panel also notes that one officer's explanation that Aurora officers are trained to 'take action before it escalates' does not meet the constitutional requirement of reasonable suspicion," the report says.

The officers further held his arms and tried to physically move him onto the grass, which also can be legal only if there is probable cause that a crime occurred, the report states.

In officer body camera footage, McClain tells the officers, "I'm an introvert, please respect the boundaries that I am speaking."

"Relax," an officer says at one point, "or I'm going to have to change this situation."

Before an officer wrestles him to the ground, McClain is heard telling the officers he was trying to stop his music so that he could listen to them.

At one point, one officer tells another, "He just grabbed your gun, dude." One officer tells McClain that he will "bring my dog out and he's going to bite you" if McClain keeps "messing around." Video shows an officer wrestle McClain to the ground.

While on the ground, an officer attempted to apply a carotid hold, which restricts blood flow to the brain, to McClain for an undetermined amount of time, the report states. The hold is not clearly captured in the footage.

"The record therefore does not provide evidence of the officers' perception of a threat that would justify (the officer's) carotid hold, which caused Mr. McClain to either partially or fully lose consciousness," the panel writes.

The report also notes the sharp contrast between officers' comments about McClain's strength and the audio and video of the incident.

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"The officers' statements on the scene and in subsequent recorded interviews suggest a violent and relentless struggle," the report states. "The limited video, and the audio from the body worn cameras, reveal Mr. McClain surrounded by officers, all larger than he, crying out in pain, apologizing, explaining himself, and pleading with the officers."

Paramedics with the Aurora Fire Rescue arrived at the scene but did not immediately render aid or examine McClain, the report says. Instead, paramedics determined McClain's behavior was consistent with "excited delirium," and so decided to administer ketamine in an attempt to sedate him.

The Aurora Fire lieutenant advised the paramedics to draw a dose of ketamine based on an estimate that McClain weighed about 190 pounds, the report states. He in fact weighed 140 pounds.

McClain was taken to a hospital but suffered a heart attack on the way, and he was declared brain dead three days later, the letter said.

'Significant weaknesses' in police accountability

Finally, the report was critical of the police's investigation of those on scene. The investigator's interviews failed to ask basic critical questions about the justification of the use of force, and the incident was never referred to Internal Affairs investigators.

"The Aurora Police Department's Major Crime/Homicide Unit investigation of the death of Mr. McClain raised serious concerns for the Panel and revealed significant weaknesses in the Department's accountability systems," the report states.

The autopsy conducted by the county coroner did not determine the cause of death but noted "intense physical exertion and a narrow left coronary artery" were contributing factors.

The autopsy report noted McClain's history of asthma and the carotid hold, though the autopsy did not determine whether it contributed to McClain's death. The concentration of ketamine in his system was at a "therapeutic level," the report said.

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The McClain's family attorney, Mari Newman, has called the autopsy "very strange." She has said it "ignores the most obvious factor, which is a perfectly healthy young man is walking home from the drug store with a bottle of iced tea in a bag and he ends up dead."

In November 2019, the district attorney declined to press charges against the officers involved, citing the autopsy. "I cannot take a case to the jury where I don't know what the cause of death is on a homicide case," Young told CNN's Chris Cuomo in June 2020.

But the Black Lives Matter protests this last year brought renewed attention to the case, and in June, Gov. Jared Polis appointed state Attorney General Phil Weiser to investigate as a special prosecutor. Weiser opened a grand jury investigation into McClain's death last month.

Three Aurora Police officers were fired and one resigned in July after photos leaked of officers taking smiling selfies and reenacting the carotid hold at a memorial site for McClain.

The death also brought closer scrutiny of the sedative drug ketamine, which has been increasingly used for law enforcement purposes on people experiencing "excited delirium." The Colorado Department of Public Health and Environment is reviewing its program that allows ketamine to be administered outside of hospital settings.

What's the Navy's priority — petty rules, or preparing to fight? .
Commander Frank Azzarello may go — but the Navy’s problems will remain.Under Azzarello's command, Forrest Sherman deployed to the Near East throughout 2019 and 2020 and was a highly effective maritime interdictor. Most notably, in November 2019, the ship's crew seized five Iranian-made 358 missiles, one of Iran's most advanced weapons. The ship also interdicted various light weapons and smaller missiles, including the Iranian-produced Dehlavieh anti-tank missile, a weapon capable of penetrating the armor on American Abrams and Israeli Merkava battle tanks.

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