Colorado Politics

‘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.” said LaWayne Mosley, the father of the 23-year-old McClain, a Black man who died just over two years ago in Aurora after being detained by the officers, put in a chokehold and injected with ketamine, a powerful sedative.

“For far too long, racist and brutal police across this country have acted as though the law does not apply to them,” said attorney Mari Newman, an attorney representing Mosley in a pending lawsuit against the city of Aurora.

“This indictment serves as a powerful reminder to all members of law enforcement that no one is above the law.”

An attorney representing McClain’s mother, Sheneen McClain, released a statement expressing her client’s reaction to the indictments.

“Ms. McClain is overwhelmed and would like to thank Attorney General Phil Weiser and his team for all the work they have put forth attempting to seek justice for Elijah. 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 Iris Halpern, a lawyer with the firm Rathod Mohamedbhai.

“It is a historic day. Elijah was murdered. The time for accountability starts now, with at least a small measure of justice done with this 32 count indictment.”

The grand jury’s indictments were announced Wednesday morning by Weiser, who was designated last summer by Gov. Jared Polis to lead a new state investigation after nationwide protests called attention to McClain’s death. A local district attorney had earlier declined to bring charges, saying an autopsy couldn’t determine how McClain died.

“Elijah McClain’s death was a tragedy and my thoughts are with his mother, father, friends, and family today. This innocent young man should be here today. ” Polis said in a statement released Wednesday that thanked Weiser and members of the grand jury.

“I continue to urge my fellow Coloradans to consider how we can work together to build a better future where everyone can be safe walking home and a Colorado for all.”

State Rep. Leslie Herod, D-Denver, who led passage of a sweeping package of criminal reform legislation in the General Assembly last summer, tweeted moments after the charges were announced that she had spoken with McClain’s mother.

“Just got off the phone with Sheneen McClain, Elijah’s mother and am in tears. We will have justice for Elijah and we will continue the work to ensure that no mother has to face this type of pain again. #ElijahMcClain,” Herod tweeted.

“Elijah McClain should be alive today, and while nothing will bring him back to his family and friends, I am encouraged that the attorney general will now proceed with filing formal charges as a result of the grand jury indictments announced today,” Herod said in a statement.

“Justice is moving forward because the people of Colorado elevated Elijah’s story to the entire world and demanded change and because of Sheneen McClain’s tireless fight for reforms and for Colorado’s first-in-the-nation police accountability law.”

By bringing the charges, Herod added, “Colorado is making strides to advance the rule of law, improve trust in peace officers and ensure that those who break the law are held accountable.”

Other members of the Legislature’s Democratic Black Caucus also weighed in.

“After two long years, we finally have some clarity on Elijah McClain’s case, and can breathe a sigh of relief knowing that these individuals will be held accountable for their vile actions,” said state Sen. Rhonda Fields, D-Aurora. “Today, I stand in solidarity with the McClain family, all of his loved ones, and the Aurora community, and commit to continue working together to advance meaningful criminal justice reform so we can create a world where black lives truly do matter.”

State Sen. Janet Buckner, D-Aurora, said that McClain “was a gentle soul who cared for others, who wanted to change the world, but whose precious life was taken from us much too soon. Far too often, instances of police violence wreak havoc on communities of color, and so many Black men and women do not get the justice and accountability they deserve. Today, we got some accountability and a real path toward justice.”

House Speaker Alec Garnett, D-Denver, said today’s indictment “is the progress toward justice that the McClain family and our communities have waited far too long to see,. I am grateful for the thorough investigation by the Attorney General’s Office and the Grand Jury. We haven’t seen the end of the road to justice in this case, but today was an important step in that journey.”

U.S. Rep. Jason Crow, a Centennial Democrat, said the charges – including counts of manslaughter and criminally negligent homicide – mark a step toward “greater accountability.”

“While nothing can bring Elijah McClain back, this is a critical step in ensuring that justice is served on his behalf,” Crow said in a statement. “I stand with Elijah’s family, friends, and community who mourn his loss. Today we join the community in seeking greater accountability and justice.”

Calling McClain’s death “devastating for so many in the Colorado community,” U.S. Rep. Joe Neguse, a Lafayette Democrat, said in a statement: “While accountability for those involved in his death cannot bring him back, such justice is critical to provide healing for his family and the community.”

Added Neguse: “While the prosecution for Elijah’s death continues, we also must work to change our laws and ensure a tragedy like this one never happens again. We’ve introduced the Ketamine Restriction Act to federally ban the use of ketamine during arrest or detention for precisely this reason.”

In June, Neguse introduced a bill to prohibit law enforcement agencies from using the sedative ketamine except in hospital settings, legislation modeled on a Colorado bill signed into law last year.

Neguse was also an original co-sponsor of the George Floyd Justice in Policing Act, a Crow bill passed in March by the House that would encourage law enforcement agencies to establish procedures to minimize misconduct incidents and require investigations if they occur.

This developing story has been updated.

In this Wednesday, March 3, 2021, file photograph, Sheneen McClain, the mother of Elijah McClain, a young man who died after a stop by police in Aurora, and has spurred investigations of police practices while galvanizing calls for police reforms, is shown in the office of her attorney, Qusair Mohamedbhai, in Denver. Colorado Attorney General Phil Weiser announced on Wednesday, Sept. 1, 2021, that three police officers and two paramedics have been indicted after a grand jury investigation into the young man’s arrest just over two years ago in Aurora.
(AP Photo/David Zalubowski, File)
In this June 27, 2020, file photo, demonstrators carry a giant placard during a rally and march over the death of Elijah McClain outside the police department in Aurora, Colo. Colorado Attorney General Phil Weiser announced on Wednesday, Sept. 1, 2021, that a grand jury has returned a 32-count indictment charging three Aurora police officers and two paramedics, including manslaughter and criminally negligent homicide charges for each.
(AP Photo/David Zalubowski, File)

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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 […]

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