Colorado Politics

Aurora moves closer to another review of the Elijah McClain case

The city of Aurora on Thursday moved closer to an independent investigation into the police-involved death of an unarmed 23-year-old Black man last August.

The City Council’s public safety policy Committee gave initial approval to a resolution outlining the review and bringing in a Washington, D.C.,-based attorney to oversee the probe into the death of Elijah McClain, who died from a medical emergency after being wrestled to the ground and placed in a chokehold.

The full Aurora City Council will take up the issue at its meeting Monday.

“The sooner we can get an independent investigation underway the better,” Aurora Mayor Mike Coffman told Colorado Politics in an email. “The community deserves answers and Elijah McClain’s family deserves closure and none of this will occur until we have a credible independent investigation into the tragic incident of August 24th, 2019.”

The investigation would be led by Jonathan Smith, executive director of the Washington Lawyers’ Committee for Civil Rights and Urban Affairs. According to his website, he headed up the civil investigation of the Ferguson, Missouri, Police Department following the death of Michael Brown. Smith is a replacement for the first lawyer who was appointed to lead the investigation, Eric Daigle, who is a former state patrolman in Connecticut, which led the City Council committee to worry about the perception of bias in favor of law enforcement.

“Unfortunately, an attorney with a long career in law enforcement that specializes in defending municipal police departments from liability claims doesn’t qualify, in our minds, as a neutral review,” the council said in a statement. 

Committee members Curtis Gardner and Allison Hiltz said they spoke with Smith two weeks ago about his experience and about the goals of the investigation. 

“I’m comfortable moving forward to the full council for a discussion,” said Hiltz, who chairs the committee.

Three Aurora police officers responded to a call about a “sketchy” person. McClain was walking home after buying iced tea for his brother at a convenience store. He was wearing a face mask and did not immediately answer officers when they asked for him to stop. Body-worn cameras showed that police used a carotid chokehold on McClain during a violent struggle and once inside the ambulance, he was given a dose of ketamine by paramedics. He later died at a local hospital.

In November, District Attorney Dave Young said there wasn’t enough evidence to charge the officers in McClain’s death.

The city’s proposed investigation would look into city policies related to McClain’s arrest, including use of force by police officers and the use of ketamine by Aurora Fire Rescue paramedics.

The city’s investigative panel still needs a medical expert to examine the use of ketamine in McClain’s death. Hiltz told the group that they are searching outside of the local area and have run into problems with conflicts of interest as they look for the right fit. “We are looking forward to getting the ball rolling with the main part of the investigation,” she said

Besides the city of Aurora’s independent investigation, the FBI and the U.S. Justice Department announced this month that they have been reviewing McClain’s case since last year. Gov. Jared Polis also appointed state Attorney General Weiser to be a special prosecutor over the case.

Hiltz said the city will’s review would be in tandem with Weiser’s examination.

The McClain family is running a separate investigation, as it plans a civil lawsuit.

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