Colorado Politics

Community leaders file complaint against Aurora police who silenced violin vigil

Five community leaders have alleged that the city of Aurora and Interim Police Chief Vanessa Wilson violated the constitutional rights to free speech and assembly of those attending a violin vigil celebrating Elijah McClain on June 27.

“Aurora illegally directed officers to indiscriminately deploy chemical weapons, projectiles, and batons against peaceful protesters,” the complaint states.

Thousands gathered outside the Aurora Police Department Headquarters for hours seeking justice for McClain with demonstrations, a march and violin performances. The day ended with riot gear and tear gas.

“Aurora’s conduct was particularly audacious coming in the wake of a very clear federal court order,” said attorney Mari Newman, referring to an 11-page ruling issued by U.S. District Court Judge R. Brooke Jackson June 3.

The Denver Police Department, which has dealt with this issue as well, was ordered to limit the use of chemical weapons and projectiles after protesters filed a lawsuit.

The lawsuit seeks to prohibit Aurora police from similar actions, require officers deployed to police demonstrations to have their body camera recording at all times and require that dispersal orders be given only when people, not property, are in danger. The complaint also seeks compensatory and punitive damages.

The city of Aurora and interim Police Chief Vanessa Wilson are two of the defendants names in the class action suit. Because of the pending litigation, the Aurora Police Department does not have a comment at this time, said public information officer Faith Goodrich.

The police department provided an account of the officers’ actions and decisions during a special session of the Aurora City Council on June 30. Wilson said she regrets not communicating better but felt it was necessary to keep agitators from rushing the police headquarters, reported CBS4 Denver.

Scrutiny of the Aurora Police Department has increased as national attention on the death of McClain has risen.

The 23-year old unarmed Black man died six days after a confrontation with Aurora police and treatment by paramedics last August. McClain was walking home from a store and did not stop when approached by Aurora officers.

Officers alleged McClain was trying to grab an officer’s gun, as they took him to the ground and placed him in a chokehold.

While held down for 15 minutes, McClain began vomiting and said he could not breathe. Aurora paramedics were called to the scene and injected McClain with a sedative, ketamine, before taking him to a hospital. McClain suffered a heart attack, went into a coma and died on Aug. 30, after he was taken off life support.

People listen to speakers in front of the Aurora Municipal Center at the Justice for Elijah McClain rally in Aurora, on June 27, 2020.
Rachel Lorenz, special to Colorado Politics
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