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Elijah McClain’s Death to Be Investigated Nearly a Year Later. Here’s What You Need to Know

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2 years ago

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  • Colorado Gov. Jared Polis announced he was launching an investigation into the death of Elijah McClain, a 23-year-old Black man who was killed in police custody in August 2019.
  • The move comes amid intense pressure for McClain’s case to be reopened as his story has spread on social media and gained national attention in recent days.
  • Police were called on McClain as he was walking home listening to music and wearing a ski mask, which he wore because he had anemia and was easily made cold. A man driving by told police he thought McClain was “sketchy.”
  • Police confronted McClain and placed him in a chokehold before medics arrived and injected with ketamine. He suffered a heart attack on the way to the hospital and died a week later after his family removed him from life support.
  • Three officers involved in McClains death were placed on administrative leave and eventually cleared by the police department, which found that they had used appropriate levels of force and responded in accordance with their training.

Elijah McClain

Nearly a year after the death of Elijah McClain, a 23-year-old Black man who was killed in police custody, Colorado Gov. Jared Polis appointed a special prosecutor Thursday to investigate the case following massive public outcry. 

On the evening of Aug. 24, 2019, McClain was listening to music while walking home from a local shop in Aurora, Colorado. He wore a ski mask and was listening to music on headphones. 

McClain’s family later said he often wore a ski mask because he had anemia and became cold easily. A man driving down the same street saw McClain and called the police and told them to come.

“He has a full-on mask on,” the man said, according to audio of the call uploaded by the Aurora Police Department. “I just turned around and he’s like, putting his hands up.”

“He looks sketchy. He might be a good person or a bad person.”

At least four officers responded to the scene. Body camera footage shows that they got out of their cars and called for McClain to stop walking. It is unclear if he heard them, and after some confused exchanges, he stopped. 

Officers are then seen blocking McClain’s path before reaching out to grab him. 

“I am an introvert. Please respect the boundaries that I am speaking,” McClain said, recoiling from the officers. “You guys started to arrest me and I was stopping my music to listen. Let go of me.”

“Relax or I’m going to have to change this situation,” one officer says. Police later said he had resisted them.

Struggle Ensues Absent Body Camera Footage

From there, a struggle ensues, and the officers place McClain in a chokehold. However, at this point, the body camera footage becomes jumbled. Police said their cameras came off during the scuffle.

In the audio from the cameras, McClain can be heard crying, repeatedly saying “it hurts,” and begging the officers to stop. At one point he says “I can’t breathe.”

While McClain remained in the chokehold, the other officers could be heard talking in the background, largely ignoring him. At one point, one of them told another to move his camera.

Then, one of the police claims McClain tried to reach for another officer’s gun. There are more sounds of struggling. Someone picks up a camera and McClain is seen on his side with his hands behind his back and an officer’s knee in his torso.

McClain tries to roll over to vomit and the police yell at him to stop fighting.

“If you keep messing around, I’m going to bring my dog out here and he’s going to bite you,” one of them says.

McClain vomits and passes out.

Aurora Fire Rescue arrived on the scene later, and a fire medic injected McClain with ketamine to sedate him. The officers told the medic they believed he was on drugs.

“Whatever he’s on, he has incredible strength,” one of them said. McClain’s autopsy later revealed that he only had marijuana in his system, which is legal in Colorado. 

McClain suffered a heart attack during the ambulance ride to the hospital. Three days later, he was declared brain dead. He died on Aug. 30 after his family took him off life support.

No Criminal Charges

In early November, the Adams County Coroner’s Office concluded that McClain’s autopsy showed he died from “undetermined causes.”

“The decedent was violently struggling with officers who were attempting to restrain him. Most likely the decedent’s physical exertion contributed to death,” the autopsy report said. “It is unclear if the officers’ actions contributed as well.”

Shortly after that, the district attorney’s office declined to file criminal charges.

Three officers involved in McClain’s death — Nathan Woodyard, Jason Rosenblatt, and Randy Roedema — were placed on administrative leave for around three months. In February, all three were cleared of wrongdoing by the Aurora Police Department.

The department determined that the officers had used an appropriate level of force that was consistent with their training.

Gov. Polis Reopens Case

In recent weeks, McClain’s case has been brought into the public eye as a focal point in the grassroots movement against systemic racism and police violence.

In early June, several protests took place in Colorado calling for his case to be reopened. Shortly after, three members of Aurora’s city council asked the city manager to open an independent investigation.

Over the last week, McClain’s story has been shared widely on social media platforms and garnered national media attention, prompting intensified calls for his death to be investigated. State and local officials said they have received thousands of calls and emails, and a petition circulating online gained over three million signatures.

In a statement Thursday, Polis announced that he had signed an executive order designating Attorney General Phil Weiser to investigate the case and decide if the facts supported criminal prosecution.

“I was moved by speaking with Elijah’s mother and her description of her son as a responsible and curious child who became a vegetarian to be healthier, and who could inspire the darkest soul,” he said in the statement.

“Elijah McClain should be alive today, and we owe it to his family to take this step and elevate the pursuit of justice in his name to a statewide concern.”

In the executive order, Polis noted that it was an incredibly rare move for the state to disregard a district attorney’s decision to not pursue criminal charges, but argued it was necessary as the previous investigations left out relevant details.

“This, however, is the truly exceptional case where widely reported facts are not addressed in any current investigation,” he wrote. “These omissions merit a supplemental evaluation of the case by an independent prosecutor and thus warrant this Executive Order.”

See what others are saying: (NPR) (The Denver Post) (Al Jazeera)

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Donald Trump and Eldest Three Children Hit With Fraud Lawsuit From New York AG

Published

6 days ago

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September 21, 2022

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AG Letitia James says that the former president “falsely inflated his net worth by billions of dollars to unjustly enrich himself.” 

Lawsuit Filed Against Trump 

New York Attorney General Letitia James announced on Wednesday that she filed a civil lawsuit against former president Donald Trump and his three eldest children over allegations that they fraudulently inflated asset valuations within the Trump Organization.

Donald Trump Jr., Eric Trump, and Ivanka Trump are all listed alongside their father in the lawsuit. Executives Jeffrey McConney and Allen Weisselberg, the latter of whom recently pled guilty to tax crimes, are also listed alongside other Trump businesses. 

“Donald Trump, with the help of his children…and senior executives at the Trump Organization, falsely inflated his net worth by billions of dollars to induce banks to lend money to the Trump Organization on more favorable terms than would otherwise have been available to the company, to satisfy continuing loan covenants, to induce insurers to provide insurance coverage for higher limits and at lower premiums, and to gain tax benefits, among other things,”  a press release announcing the lawsuit claimed. 

The Attorney General’s office claims that between 2011 and 2021, Trump and the Trump Organization made 200 false and misleading claims about asset values on annual financial statements.

The lawsuit was filed Wednesday in a State Supreme Court in Manhattan. 

“The complaint demonstrates that Trump falsely inflated his net worth by billions of dollars to unjustly enrich himself and to cheat the system, thereby cheating all of us,” James said while announcing the complaint. 

Her office is seeking to permanently ban Trump and his children from serving as an officer or director in any New York corporation and to bar Trump and his organization from entering into any New York real estate acquisitions for five years. The office is also seeking to recover $250 million in penalty payments, among other forms of relief. 

 The Office of the Attorney General has also referred the matter to the federal attorneys in New York and to the IRS for criminal investigation. 

“There aren’t two sets of laws for people in this nation: former presidents must be held to the same standards as everyday Americans,” James added in a statement on social media. 

“Trump’s crimes are not victimless,” she continued. “When the well-connected and powerful break the law to get more money than they are entitled to, it reduces resources available to working people, small businesses, and taxpayers.”

Trump Allegedly Inflated Key Assets

According to James’ release, Trump “made known through Mr. Weisselberg that he wanted his net worth on his statements to increase every year.”

“And the statements were the vehicle by which his net worth was fraudulently inflated by billions of dollars year after year,” the release continued. 

Among the assets Trump and his organization allegedly inflated was the Trump Tower Triplex, an apartment Trump allegedly claimed was 30,000 square feet when it is just around 11,000 square feet. Because of its ballooned size, the property was valued at $327 million in 2015, roughly three times as much as the sole apartment in New York City to ever sell for over $100 million at the time. 

For further comparison, the highest sale for a listing in Trump Tower at the time was only $16 million. 

Trump also allegedly claimed Mar-a-Lago was valued as high as $739 million based on the “false premise” that the property could be developed and sold for residential use. The lawsuit claims that Trump actually signed deeds donating those rights, limiting the property’s use to a social club. James and her office claim its value would fall closer to $75 million. 

Inflated Clauations Cannot Be “Excused”

“The inflated asset valuations in the Statements cannot be brushed aside or excused as merely the result of exaggeration or good faith estimation about which reasonable real estate professionals may differ,”  the lawsuit states, adding that instead, they are the result of improper methodology intentionally meant to falsely boost Trump’s net worth. 

The investigation into Trump’s alleged fraud began nearly three years ago, and the former president has repeatedly called it a politically motivated witch hunt. His attorney, Alina Habba, doubled down on that rhetoric in a statement Wednesday. 

“Today’s filing is neither focused on the facts nor the law – rather, it is solely focused on advancing the Attorney General’s political agenda,” Habba said. “We are confident that our judicial system will not stand for this unchecked abuse of authority, and we look forward to defending our client against each and every one of the Attorney General’s meritless claims.”

For his part, Trump has blasted the lawsuit on Truth Social, calling James a “fraud” and a “crime-fighting disaster.”

Trump previously tried to impede the probe but was ultimately ordered by a judge to sit for a deposition and turn over subpoenaed documents. Reports say he pled the fifth hundreds of times during his deposition. 

See what others are saying: (Bloomberg) (The Washington Post) (Reuters)

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Hurricane Fiona Causes “Catastrophic” Damage in Puerto Rico, Leaving Many Without Power

Published

1 week ago

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September 19, 2022

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While power has been restored to some, more than a million remain without it as continued rainfall, flooding, and landslides are expected to cause further damage across the island.

Hurricane Fiona Wreaks Havoc

Hurricane Fiona made landfall in Puerto Rico Sunday, bringing heavy rains, flooding, and landslides, while also knocking out power for the entire island and killing at least one person.

Photos and videos posted on social media show floodwaters consuming major streets and engulfing cars. Some pictures show an entire bridge flooded, making it impassible. Other footage shows a different bridge entirely uprooted and a metal barrier ripped away from the road and floating down a river of floodwater.

Officials have said conditions are still too dangerous to fully evaluate the extent of the crisis. In remarks to the public, Puerto Rico’s governor, Pedro Pierluisi, described the damage as “catastrophic.”

He asserted that the storm has been one of the most significant since Hurricane Maria — which hit the island almost exactly 5 years ago to the day — killing more than 3,000 people, leaving many without power for months, and causing destruction that the island is still recovering from.

Pierluisi noted that Puerto Rico has received over 30 inches of rain and that some areas have even gotten more rain than during Hurricane Maria. As of Monday afternoon, the National Gaurd has led 30 rescue operations so far, saving more than 1,000 stranded residents in 25 municipalities, according to the governor.

Pierluisi also added that more than 2,000 people were in the island’s 128 shelters, with officials further saying there is plenty of shelter space for those who need it. On Sunday, President Joe Biden approved an emergency declaration for Puerto Rico, which will allow federal agencies to coordinate disaster relief.

Continued Issues As Storm Rages On

Meanwhile, Puerto Rico’s water authority has confirmed that just over 70% of the island is still without water. According to poweroutage.us, more than 1.3 million customers were still without power as of Monday morning.

The power company LUMA also stated that electricity had been restored to around 100,000 customers over the course of Sunday night, though it previously warned that the full restoration of power could take several days as the storm has created “incredibly challenging” conditions.

While Hurricane Fiona has passed through Puerto Rico, having now made landfall in the Dominican Republic, officials and experts say that heavy rains and further flooding are still to be expected for the next few days.

The National Weather Service has warned that “life-threatening and catastrophic flooding” as well as mudslides and landslides are expected to continue across the island. As a result, Pierluisi has urged Puerto Ricans Monday to remain home and in shelters so that officials can continue to respond to others in need.

He also noted that the areas most impacted by the hurricane include the southern part of the island, the southwest, and the mountains.

After moving through the Dominican Republic, Hurricane Fiona is expected to head towards Turks and Caicos Tuesday. The National Hurricane Center has said that the storm will continue to grow and by Wednesday, it is set to become a major hurricane — which means a Category 3 or higher.

See what others are saying: (The New York Times) (The Washington Post) (CNN) 

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Government Aid Cut Child Poverty in Half During Pandemic, Data Shows

Published

2 weeks ago

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September 14, 2022

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The reduction occurred similarly across geography, race, family type, and citizenship status.

Largest Drop in Half a Century

The United States’s child poverty rate sank to the lowest level on record last year, primarily thanks to pandemic relief measures and other government programs, according to an analysis of census data released Tuesday.

The Center on Budget and Policy Priorities analyzed data from the Census Bureau’s supplementary poverty measure, which accounts for safety net programs and tax credits as well as regional differences in the cost of living.

From around 11% in 2019, the percentage of kids living below the poverty line fell to 9.7% in 2020 and 5.2% the year after that.

In just two years, nearly 5.5 million kids were lifted from poverty, marking an almost 60% drop in the child poverty rate.

The Center’s researchers gave most credit to the federal government’s numerous interventions in the economy, from stimulus payments and the expanded child tax credit to eviction moratoriums and expanded unemployment insurance.

Without government intervention, poverty in 2020 would have experienced its second-largest recorded increase, the Center claimed, but instead, it underwent the largest single-year decline in over half a century.

Especially impactful was the expanded child tax credit, which sent up to $300 per child to households with children every month between July and December 2021.

According to the analysis, this policy alone pulled nearly three million kids out of poverty.

But the tax credit’s expansion expired at the end of the year despite Democrats’ efforts to prolong it with Biden’s signature Build Back Better bill, which was blocked by Sen. Joe Manchin (D-WV), who reportedly told colleagues he was concerned that families might use the payments to buy drugs.

Poverty Before COVID

Child poverty has fallen by 59% since 1993, when it sat at around 28%, according to another analysis published Sunday by The New York Times and the nonpartisan group Child Trends.

They found that the decline occurred across all 50 states and D.C., as well as in different levels of poverty.

It similarly affected nearly all subgroups of children, — white, Black, Asian and Hispanic, single-parent and two-parent, immigrant and non-immigrant.

The causes driving the pre-pandemic decline included general economic improvement — low unemployment, a higher labor force participation rate among single mothers, and growing state minimum wages — but the researchers pinned government welfare programs as the dominant factor.

They specifically mentioned the earned income tax credit, social security, unemployment insurance, and nutrition and housing assistance.

Despite the positive trend, more than eight million children still live below the poverty line, and that number excludes those who live just above it but still struggle to meet basic needs.

The current poverty line sits around $29,000 for a family of four in a location with typical living costs.

Moreover, disparities still persist, with Black and Latino children about three times as likely as their white peers to be poor.

See what others are saying: (Vox) (The New York Times) (The Washington Post)

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