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

Published

5 months 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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As Unemployment Claims Rise, CA Officials Report Inmates Collected Millions in Benefits

Published

3 days ago

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November 25, 2020

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  • Unemployment numbers spiked for the second week in a row, marking the highest amount of new claims made since early October with 778,000 people filing. Over 20 million Americans are still collecting some kind of joblessness aid.
  • Experts say this will only get worse as COVID cases continue to rise and states impose more restrictions. However, unlike during the spring shutdowns, struggling Americans and small businesses will likely not have any help from the federal government.
  • Meanwhile, law enforcement officials in California reported that tens of thousands of inmates received upwards of $1 billion in unemployment benefits as part of a scam that officials described as “the most significant fraud on taxpayer funds in California history.”

Unemployment Numbers Spike

Another 778,000 Americans filed for unemployment this week, the Department of Labor reported Wednesday, marking the highest spike since early October and the second week in a row that new claims have risen.

According to experts, this data signals that the massive coronavirus spikes the U.S. has seen in recent weeks are slowing the economy once again. On Wednesday, the country reported a record 2 million new cases in the same two weeks that joblessness claims also went up, bringing the official case count to more than 12.6 million Americans infected and over 260,000 dead.

As the COVID-19 spikes continue, and with more state and local governments imposing new restrictions on public gatherings, limiting hours and operations for restaurants and bars, and temporarily closing down some businesses entirely, economists say this situation will get worse before it gets better.

Unlike the first wave of shutdowns this past spring, it seems almost certain that struggling Americans will have to weather these latest closures without any help from the government.

Already, many of the programs that gave trillions of dollars to unemployed Americans and small businesses under the CARES Act have expired, and most of the few remaining programs will run out soon.

That is especially concerning when it comes to unemployment benefits. According to a recent report from the progressive think tank The Century Foundation, unless Congress and the White House sign off on a deal to extend key programs, roughly 12 million Americans will lose these benefits entirely the day after Christmas.

But after months of deadlock, any hopes for a new stimulus package petered out when the election came around. Democratic leadership is reportedly attempting to restart those talks, and Senate Majority Leader Mitch McConnell (R-Ky.) has said he wants to approve some kind of bill before the end of the year. 

However, it remains unclear how all the problems that had deadlocked the lawmakers for months during the earlier negotiations will be resolved in time.

Inmate Unemployment Fraud

Meanwhile, states are still continuing to struggle with distributing unemployment benefits to jobless Americans.

On Tuesday, a task force lead by nine district attorneys across the state of California reported in a letter to Gov. Gavin Newsom (D) that tens of thousands of prison and jail inmates — including more than 100 people on death row — have collected hundreds of millions of dollars in unemployment benefits as part of a scam that the officials say “appears to be the most significant fraud on taxpayer funds in California history,”

According to the task force, between March and August, inmates housed in every single California prison and in jails throughout the state filed 35,000 claims totaling at least $140 million in benefits, though the alleged crimes could total as much as $1 billion.

In most cases, officials said that the payments were given out in the form of prepaid debit cards sent to friends or family on the outside who would then later deposit the proceeds to inmate accounts.

In some cases, the joblessness benefits were sent directly to the jails and prisons. Sometimes the inmates used their real names, but other times, they used fake names and fake Social Security numbers.

In fact, prosecutors were tipped off to some of the cases by listening to inmates recorded phone calls, where they bragged about how easy it was the game the system.

As far as how such widespread fraud could happen, law enforcement officials blamed California’s Employment Development Department, which has been swamped with processing more than 16.4 million unemployment claims since March, resulting in a massive backlog of unfilled claims that, according to reports, has totaled upwards of more than 1.6 million people at times.

However, the task force also said that part of the problem was due to the fact that unlike at least 35 other states, California does not have the technology to crosscheck inmate rosters against unemployment claims.

Looking Forward

In their letter, the officials called on Newsom to crack down on the rampant fraud and provide “significant resources” to do so. 

Newsom, for his part, responded in a statement by calling the fraud “absolutely unacceptable,” and ordering the Office of Emergency Services to create a task force to help the prosecutors with their investigation.

However, as The New York Times pointed out, Newsom had already formed a “strike team” a few months ago to help the state’s employment department speed up claims and address other issues, including fraud at correctional facilities.

The district attorneys were still forced to form their own task force with the California Department of Corrections and Rehabilitation after the reports of fraud in the employment department continued and the “strike team” failed to uncover the large amounts of fraud the other groups had seen.

Currently, it is unclear how Newsom’s new task force is different from the largely unsuccessful “strike team.” 

California, of course, is not the only state having these issues with unemployment insurance fraud. There have also been similar reports of fraud in Massachusetts, Illinois, Kansas, and other states.

These problems also go beyond unemployment. There have been frequent reports of CARES Act funding being misused, including by people using small business loans to buy luxury cars, as well as large companies or businesses connected to President Donald Trump Trump and members of Congress improperly receiving funding.

As Congress considers another much-needed stimulus package, these issues of transparency and accountability have now become paramount. 

See what others are saying: (The New York Times) (NBC News) (USA Today) 

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COVID-19 Cases Expected To Surge After Thanksgiving

Published

4 days ago

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November 24, 2020

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  • With coronavirus cases already on a steep rise in the U.S, experts are warning that Thanksgiving travel and gatherings will likely make things worse. Canada, for example, saw a jump in cases after its citizens celebrated the holiday last month.
  • Surgeon General Jerome Adams said that Americans should hold out for a vaccine, which is on the horizon, and be safe this Thanksgiving.
  • A family in Texas is also waring against gathering, saying they learned how dangerous it is the hard way. After celebrating a birthday together, all 15 people who attended the party tested positive for the virus.
  • On top of this experts are also warning against thinking a negative test clears you for socialization. In reality, you can test negative for the virus and still have and transmit it.

Warning From Surgeon General 

As Thanksgiving looms closer, warnings against family gatherings are being echoed by experts and everyday people alike. 

Health officials have been vocal about the threat the Thanksgiving holiday poses when it comes to the coronavirus. The U.S. has seen 12.4 million cases and lost 257,000 lives to the virus, and cases have been on a steep increase this month. The CDC has already warned against travel and experts have said that based on the spike Canada saw after its October Thanksgiving, America is set to go down a similar, or even worse path. 

“I want the American people to know that we are at a dire point in our fight with this virus by any measure,”  U.S. Surgeon General Jerome Adams said Monday on Good Morning America. “Cases, positivity, hospitalizations, deaths. We’re seeing more Americans negatively impacted than ever before.” 

Adams said that with a vaccine on the horizon, Americans should just wait out this homestretch and stay put for the holiday.

“I’m asking Americans, begging you, hold on just a little bit longer,” he said. “Keep Thanksgiving and the celebration small and smart this year.” 

Family in Texas Urges Caution

Health officials are not the only ones preaching this advice. In Arlington, Texas, a family that has lived the consequences of gathering without regard for public health is urging people to not make the same mistake as them. The Aragonez family celebrated a birthday earlier this month indoors without masks or distancing. Now, all 15 people who attended tested positive for the virus. 

“We feel guilty for gathering,” members of the family said in a video encouraging caution. “All this pain that my family is feeling, this loneliness, this sickness, this longing to be healthy could have been prevented.” 

“Please don’t be like my family and ignore the CDC guidelines,” one person said. “By staying apart we can fight this virus together.” 

While most cases in the family were mild, one person was hospitalized for over a week.

“One moment of carelessness has cost us a month of peace, has cost us sleep, has cost us laughs, has cost us a lot of money,” one family member told the Washington Post. 

Testing Negative is Not Enough

Many have still forged on with their gathering plans under the false idea that if everyone tests negative before attending, they are in the clear to socialize. However, experts warn this is far from the case.

Just because a person tests negative does not necessarily mean they do not have the virus. Tests are not 100% accurate and it can take days or even a week to test positive for the virus after exposure. Not to mention, people could come into contract with the virus between their test and the family event. 

“A negative result is a snapshot in time,”  Dr. Paige Larkin, a clinical microbiologist at NorthShore University HealthSystem in Chicago explaining to the New York Times. “It’s telling you that, at that exact second you are tested, the virus was not detected. It does not mean you’re not infected.”

While it might slightly minimize the risk of spread, it certainly does not eliminate it. More than anything, it gives people a false sense of security that they have a free pass to go wherever and see whoever they want, despite the fact that it still poses a large health threat.

See what others are saying: (New York Times) (Washington Post) (Associated Press)

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Over 1 Million People Traveled Through U.S. Airports Friday, Despite COVID-19 Warnings

Published

5 days ago

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November 23, 2020

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  • Over 1 million people traveled through U.S. airports on Friday, marking the second-highest single day of airport traffic since the coronavirus pandemic began.
  • The new record comes despite the fact that the CDC has issued a warning against travel for Thanksgiving, encouraging people to stay home instead because COVID-19 cases are already on a steep rise.
  • In Canada, cases spiked after the country celebrated their Thanksgiving holiday in October.
  • While cases were already increasing in the country, contact tracing has linked outbreaks to holiday gatherings, which likely accelerated the speed of spread.

Cases and Travel Both Increase

The upcoming Thanksgiving holiday is expected to worsen the already increasing coronavirus outbreak in the United States. 

Currently, the country has seen over 12.3 million cases and lost more than 256,000 lives to this virus. On Friday, the U.S. broke its record for new cases in a single day, reporting 198,500 cases. The daily average has reached 171,462 cases a day and roughly one-quarter of all cases in the U.S. have come from just the month of November. 

These circumstances paint a grim picture of what could come after all of the traveling and large gatherings that are expected to happen over the holiday, even after repeated warning against doing so.

In fact, the Centers for Disease Control and Prevention has warned against traveling and advised that “postponing travel and staying home is the best way to protect yourself and others this year.”

The CDC told travelers to ask themselves questions, like if cases are high in their home or destination, if their method of travel makes social distancing difficult, and if there are travel restrictions in their area. If the answers to any of those questions are yes, people should “consider making other plans, such as hosting a virtual gathering or delaying your travel.”

Despite these warnings, air travel is on the rise in the country. On Friday, more than 1 million people passed through airports, marking the second-busiest day of air travel since the pandemic began. While this is 1.5 million people less than the same day last year, the travel surge troubles health officials who fear the virus could spread as people gather with their families. 

Case Spike After Canada’s Thanksgiving

All the U.S. has to do is look to its neighbor to the North in order to find out just what kind of impact Thanksgiving can have on coronavirus cases. Two weeks after Canada’s Thanksgiving in October, the country saw a spike in cases. While cases were already on the rise at the time, experts believe that holiday gatherings contributed to and accelerated the spread.

“Cases were indeed increasing already, but we definitely saw an increase in the rate of transmission after Thanksgiving. And we know that Thanksgiving is important for a couple of reasons. One is through contact tracing data,” Dr. Laura Rosella, an associate professor and epidemiologist at the University of Toronto told CBS News.

Contact tracing in the country showed a significant transmission from household gatherings stemming from Thanksgiving. 

“One local health unit that reported about 12 people being infected because of a Thanksgiving gathering,” Rosella explained. 

“It’s not the only reason the cases are increasing, it’s not the only setting in which transmission is occurring, but definitely when people gathered indoors it did transmit COVID.”

Superspreading Events

Still, people are more likely to feel safe with their family, no matter how high the COVID-19 risk actually is. Superspreading weddings are among the strongest examples of this, as numerous have led to significant outbreaks because couples thought it was safe to gather with friends, family, and other people they trust.

“Many people don’t believe that you can actually catch it from your family and friends. They feel safe when they are around people that they know,” Karen Potts, the director of the Adams County Health Department in eastern Washington explained to NBC News. “And I think that’s why this sort of event happens. People just feel safe, and they go to the event, and it just spreads so rapidly.”

One August wedding in Maine, for instance, was liked to 177 coronavirus cases and 7 deaths. Many of those cases include people who did not attend the wedding. In fact, none of the deaths traced back to the wedding were attendees. 

An October wedding in Cincinnati led to 32 of the 83 guests getting COVID-19, including grandparents of the bride and groom. In Washington, a 300 person wedding earlier this month has led to 17 people getting the virus so far. 

See what others are saying: (CBS News) (NBC News) (Washington Post)

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