A protestor holds a placard featuring McClain's image during a rally outside the Aurora police department, Colorado in June 2020, over McClain’s 2019 death.
The Colorado attorney general announced Wednesday that two paramedics and three officers were charged in connection to the 2019 death Elijah McClain. This 23-year-old Black man was killed after being put in a chokehold while being held and then injected with ketamine.
At a press conference, Attorney General Phil Weiser informed reporters that a grand jury returned a 32-count conviction against Aurora police officers Nathan Woodyard and Randy Roedema, as well as former Aurora officer Jason Rosenblatt and Aurora Fire Rescue paramedics Jeremy Cooper, and Peter Cichuniec.
We are not mistaken, this case is difficult to prosecute. These cases are always difficult to prosecute," Weiser stated. "Our goal is justice for Elijah McClain and his family, friends, as well as for the state."
Qusair Mohamedbhai was an attorney representing McClain’s mother, Sheneen. He told BuzzFeed News that he was confident that the five would be convicted.
Mohamedbhai stated, "I believe the truth will come out and we are very confident that Elijah was killed."
Each of the five faces a charge of manslaughter or criminally negligent murder.
Roedema, Rosenblatt are also facing one count each of second-degree attack with intent to cause bodily harm and serious bodily injuries and one count each of a crime related to the second degree assault.
Two paramedics are also facing one count each of second degree assault with intent to cause bodily harm and caused bodily harm, one count for second-degree attack for recklessly causing severe bodily injury (referring the administration of ketamine) and one count for second-degree assail for a purpose not lawful for medical or therapeutic treatment. Each of them will be charged with two counts of violence.
McClain was returning from a grocery shop on Aug. 24, 2019, when three Aurora police officers stopped him. According to the incident report of the department, McClain was walking home from a grocery store when he was stopped by three Aurora police officers. McClain was wearing a ski helmet and "acting strange" by waving his arms around.
One officer claimed that McClain reached for one of their guns as they tried to pat him down. This led to one of the officers placing him in a chokehold. The audio from McClain's body camera shows that McClain cried, tried to get air and vomited in the chokehold. He repeatedly told police that he couldn’t breathe.
"I don't have a gun. He said, "I don't do this stuff." "I don’t do any fighting. I don't fight. I don't even kill flies."
Paramedics administered ketamine to McClain when he was unconscious. Three days later, he died in hospital.
A February investigative report found that McClain was not legally stopped by police.
McClain's tragic death at the hands police attracted national attention. This was during the Black Lives Matter protests that swept the US in summer 2020.
In June 2020, Gov. Jared Polis appointed Weiser as a special prosecutor in order to reinvestigate McClain's circumstances.
Weiser stated to reporters Wednesday that "we're here today because Elijah McClain has not arrived," and that he should.
Mohamedbhai and Sheneen McClain sat in on the Weiser press conference at a lawyer's office. Mohamedbhai told BuzzFeed News Wednesday was a significant step towards justice.
He said that McClain was overwhelmed and emotional. She's still processing everything. She is grateful to Phil Weiser and his team as well as the hard work of Colorado citizens.
Ellie Hall contributed reporting.