Colorado Politics

Grand jury returns 32-count indictment in Elijah McClain’s death

Attorney General Phil Weiser announced Wednesday that a grand jury has returned a 32-count indictment against three current and former Aurora police officers and two paramedics for the 2019 death of Elijah McClain, a 23-year-old Black man.

All five face one count each of criminally negligent homicide and manslaughter, both felonies. They include officers Randy Roedema, Nathan Woodward and former officer Jason Rosenblatt, who was fired by the police department last summer. Paramedics Jeremy Cooper and Peter Cichuniec have also been charged.

“It is our department’s solemn duty to prosecute this case. … We are here today because Elijah is not here, and he should be,” Weiser said at a news conference.

Weiser opened the grand jury investigation in January.

Officers stopped McClain on Aug. 24, 2019, as he walked home. They had responded to a call about someone acting suspicious, but the caller said they did not believe the person was armed.

The officers put McClain in a carotid hold, and paramedics called to the scene injected him with 500 milligrams of ketamine. McClain died a few days later in a hospital.

Roedema, Rosenblatt, Cooper and Cichuniac also face a count each of second-degree assault with intent to cause and causing serious bodily injury. Roedema and Rosenblatt each face a count of a crime of violence related to the assault charges.

The paramedics face counts of second-degree assault for recklessly causing serious injury with a deadly weapon, ketamine, and one count of second-degree assault for a purpose other than lawful medical or therapeutic treatment, intentionally causing stupor, unconsciousness or other physical or mental injury to McClain by administering a drug without consent.

Cooper and Cichuniac also face crimes of violence related to the assault charges.

“Nothing will bring back my son, but I am thankful that his killers will finally be held accountable,” said LaWayne Mosley, McClain’s father.

McClain’s mother, Sheneen McClain, thanked Weiser in a statement put out by her attorney. “She is even more thankful to the members of the grand jury – ordinary people who rose to the occasion and have recognized Elijah’s humanity and goodness,” said Rathod Mohamedbhai attorney Iris Halpern.

Although the 17th Judicial District Attorney’s Office at the time declined to charge the officers involved, Wednesday’s announcement marks the latest development in two years of social, legislative and legal responses to McClain’s death.

The Aurora Police Department no longer trains or authorizes any kind of chokehold. Last year, Chief Vanessa Wilson fired officers who took a photo mocking McClain’s death and sent it to Rosenblatt, one of the officers who stopped McClain. Rosenblatt was also fired for responding, “Ha ha.”

In July, Gov. Jared Polis signed a law that bans police from instructing paramedics or other medical professionals to use ketamine, and medical workers also cannot use ketamine on anyone suspected of a crime absent a medical emergency.

In February, a report by an independent panel found police did not have reasonable suspicion to stop McClain. 

Weiser’s office is also doing a separate civil investigation into whether the Aurora Police Department has a pattern of violating its residents’ civil rights. 

The police department’s chief at the time of McClain’s death, Nick Metz, cleared the officers who restrained McClain of wrongdoing. In a statement Wednesday, the Aurora Police Association said, “Nothing has changed. Our officers did nothing wrong.”

Colorado Politics reporters Michael Karlik and Ernest Luning contributed to this report.

Tags

PREV

PREVIOUS

Black Mountain fire in Grand County explodes to nearly 400 acres

The Black Mountain fire burning in Grand County more than doubled in size Tuesday, reaching nearly 400 acres by the evening, according to the U.S. Forest Service. The fire has burned 393 acres as of 6 p.m. Tuesday. This comes after, on Tuesday morning, the fire was only 170 acres, the Grand County Sheriff’s Office said.  […]

NEXT

NEXT UP

'No one is above the law': Advocates hail criminal indictments in Elijah McClain's death

Family members, elected officials and criminal justice reform advocates called criminal indictments unsealed Wednesday charging Aurora police officers and paramedics in the 2019 death of Elijah McClain a “powerful reminder” that no one is above the law. “Nothing will bring back my son, but I am thankful that his killers will finally be held accountable.” […]


Welcome Back.

Streak: 9 days i

Stories you've missed since your last login:

Stories you've saved for later:

Recommended stories based on your interests:

Edit my interests