- 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.
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)
Conservatives are Mad at “Woke” Xbox for Minor Climate-Related Updates
The fury comes after Xbox announced it was slightly altering existing consoles to better utilize and save energy.
Same War, New Battlefield
Mere days after M&M canceled their “spokescandies” due to backlash from the right, led largely by Fox News’ Tucker Carlson, conservatives have found a new front for their ongoing culture war: Xbox.
Carlson spent months complaining that small character redesigns were “woke” because they made the animated anthropomorphized M&M’s — in his own words — “less sexy.” His campaign finally proved successful on Monday when the company announced it would be doing away with the spokescandies and replacing them with actress Maya Rudolph.
Conservatives, now facing a sudden dearth of non-issues to complain about, quickly found a new issue to rage against. Xbox announced in a blog post earlier this month that it is making minor updates to lower its environmental impact as part of an effort to reach Microsoft’s goal of being carbon-negative by 2030.
Now, instead of having an Xbox wake up to update games, apps, and software during random times of the night, it will do that at a time of night when a user’s local energy grid is generating the most power it can from renewable sources.
Xbox also said it would automatically update some older consoles to a power-saving mode that aims to reduce electricity consumption when it is turned off — a feature that is already the default on newer consoles.
According to The Verge, the only difference for users is that an Xbox in power-saving mode takes around 15 seconds to boot up instead of doing so immediately as the console does in “sleep” mode. The change is a small price to pay for what the outlet described as “significant” energy savings.
Xbox Under Fire
To many leading conservative voices, the minimal shifts were just another example of “woke” culture.
While discussing M&M’s spokescandies Tuesday morning, “Fox and Friends” co-host Ainsley Earhardt brought up Xbox’s new changes with Fox radio host Jimmy Failla.
“So Xbox has also announced that they’re going woke too, you know, because of climate change,” Earhardt said.
“I mean, it’s crazy what they’re doing, but we understand what this is. It’s not that it’s actually going to offset emissions, okay — the level of reduction is infinitesimal,” Failla claimed, without evidence. “But they’re trying to recruit your kids into climate politics at an earlier age; make them climate conscious now.”
“Yeah, I didn’t think of that — you’re right, they’re going after the children,” Earhardt agreed, despite the fact that internal data from Microsoft shows just around 10% of Xbox owners are under the age of 18.
Other prominent conservatives also did their part to bait Americans into anger on social media, including America’s Foundation, which posted a tweet stating that “the woke brigade is after video games.”
The post linked an article from the right-wing website TheBlaze, which asserted that “Xbox will force gamers to power down to fight climate change.” That, however, is false — Xbox has said users can switch back and change the settings any time they want
Still, top lawmakers continued to share the article and spread its false claims, including Sen. Ted Cruz (R-Tx.).
“First gas stoves, then your coffee, now they’re gunning for your Xbox,” he wrote in the post, which was flagged by Twitter and given an “added context” warning.
The same warning, however, was not placed in a very similar post by Rep. Troy Nehls (R-Tx.), who also shared the article.
“They want to take your guns. They want to take your gas stoves. And now they want to take your Xbox. What’s next?” he wrote.
See what others are saying: (The Washington Post) (The Daily Beast) (VICE)
Washington State Launches Investigation Into Abuse at Private Special Ed. Schools
Allegations include staff kicking a fourth-grader and dragging a child with autism around by his leg.
Washington State’s Office of Superintendent of Public Instruction (OSPI) has launched an investigation into a system of private schools for kids with disabilities after ProPublica and the Seattle Times reported on allegations of abuse.
The series of articles focused on Northwest School of Innovative Learning (NWSOIL). NWSOIL is a set of private schools that serve 500 Washington public school students with serious disabilities. ProPublica and the Seattle Times found years of complaints from parents and school districts against NWSOIL alleging abuse, overuse of isolation rooms, and unqualified aides teaching instead of certified professionals.
One district claimed NWSOIL staff kicked a fourth-grader. Another alleged that a child with autism was dragged around by his thigh.
Many former NWSOIL employees also claim that they were pressured by their parent company to to enroll more students and skimp on basic resources, like staffing.
In a seven-page letter, OSPI reminded NWSOIL of its authority to revoke or suspend a school’s approval, meaning that it could shut NWSOIL down.
“Given the serious nature of the allegations made in the articles, OSPI is examining what, if any, actions need to be taken with respect to Northwest SOIL’s approval to contract with Washington school districts,” Tania May, assistant superintendent for special education at OSPI, wrote in the letter.
OSPI has demanded any records of mistreatment, maltreatment, abuse, or neglect as well as documents pertaining to restraint or isolation of students and calls to the police. They are also seeking information about the student-to-teacher ratio and staff qualifications.
In the letter, OSPI claims that all of this was previously unknown to them as well as to police, Child Protective Services, and local school districts. They are asking NWSOIL for an explanation as to why the allegations were not reported.
NWSOIL defended itself in a public statement.
“Use of restraints and seclusion are always used as a last response when a student is at imminent risk of hurting themselves or others,“ it said. “We strongly deny any allegation that we understaff and/or pressure staff to increase admissions in order to maximize profits.”
Washington state representatives are considering a reform bill that will give them more oversight on the publicly funded system of private special education schools.
In this legislation, OSPI and at least one district that sends students to this program would be required to visit before approving the contract. It would also standardize district agreements with programs like NWSOIL, including financial safeguards to make sure funds are being used appropriately.
See the full series: (ProPublica) (The Seattle Times)
Mass Shootings in Half Moon Bay, Oakland Rock California
Just since Saturday, at least 19 people have been killed and 17 have been injured in mass shootings in California.
California Sees Third Attack in Under a Week
Two California localities experienced separate mass shootings Monday, just days after an attacker killed 11 and injured nine others in a suburb of Los Angeles.
The first of the most recent shootings took place in Half Moon Bay, a small coastal town about 30 miles outside of San Francisco, where a gunman killed seven and critically injured an eighth at two different locations.
According to authorities, police were dispatched to the first location around 2:20 pm and found four people shot to death and a fifth victim also suffering gunshot wounds. Shortly after, three more people were found dead at another site nearby.
About two hours later, police discovered the suspect in his car in the parking lot of a San Mateo County Sheriff’s Office substation with a semiautomatic handgun in the vehicle that officials later confirmed he had purchased legally.
Sheriff Christina Corpus said the man was taken into custody “without incident” and is “fully cooperating.” He has been identified as a 66-year-old Half Moon Bay resident of Asian descent.
Currently, the gunman’s motive is unknown, but the Sheriff told reporters Monday that both of the locations he targeted were nurseries, and it has since been reported that they were mushroom farms.
“All evidence we have points to this being an instance of workplace violence. The Mountain Mushroom Farm, the first location, is where the subject was employed,” Corpus said in a press conference Tuesday, though she added that, so far, the “only known connection between the victims and the suspect is that they may have been coworkers.”
As of writing, it remains unclear why he targeted the second location. A mushroom farm called Concord Farms has told reporters that it was the site of the second shooting — which a law enforcement official confirmed to The Washington Post.
In a statement to the media, a spokesperson said the farm had “no past knowledge” of the alleged gunman or his possible motives. Little has been released about the victims, though Corpus said Tuesday they were all adults and a “mixture of Asian and Hispanic descent,” some of whom were migrants.
Authorities had previously stated that, because people both live and work on the farms, children were among those who witnessed the shooting. However, on Tuesday, one official walked that back and said while children were indeed in the vicinity, police do not have information about specific witnesses.
Just hours after the violence in Half Moon Bay, seven people were injured, and one other was killed during a shooting at a gas station in Oakland. Very little has been reported about the incident, but police have said that the shooting was “between several individuals.”
Renewed Calls for Gun Control
Californians continue to reel from the rapid succession of mass shootings in a state known for its strict gun control laws.
According to Everytown for Gun Safety, a nonprofit that advocates against gun violence, the state ranks No. 1 in the country for gun law strength. An analysis led by the organization found that California has the sixth-lowest rate of gun ownership and the eighth-lowest gun death rate.
Many of California’s top lawmakers have argued that the state’s relatively low gun violence statistics emphasize the need for more federal regulations.
“The Second Amendment’s becoming a suicide pact,” Gov. Gavin Newsom (D) told CBS News in an interview.
“We’ll continue to find whatever loopholes we can and continue to lead the national conversation on gun safety reform. And the data bares out. It works. It saves lives,” he continued. “California’s 37% lower than the death rate of the rest of the nation, and yet, with all that evidence, no one on the other side seems to give a damn. I can’t get anything done in Congress.”
Following the Monterey Park shooting, U.S. Sen. Diane Feinstein (D-Ca.), alongside other Democratic colleagues, introduced two gun control bills in the upper chamber. The first would ban assault weapons, while the second aims to raise the minimum age to purchase assault weapons from 18 to 21.
President Joe Biden quickly threw his support behind the measures, urging Congress to pass them.
“The majority of the American people agree with this commonsense action,” he said in a statement Monday. “There can be no greater responsibility than to do all we can to ensure the safety of our children, our communities and our nation.”
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