CONTENT WARNING: The details and linked videos of this event may be disturbing to some.
August 24, 2019:
Elijah McClain, a massage therapist, violinist, and “gentle soul”, was walking home from a convenience store not, far from his home in Aurora, Colorado. Because of his anemia, which often made him feel cold, he was known to where a ski mask. On his way home, someone in a house he passed called police to report an unarmed, “sketchy” individual. Minutes Later, Aurora PD’s Nathan Woodyard saw Elijah walking to his home and stopped. Within 9 sec. of exiting his car, Woodyard had his hands on Elijah McClain. Just seconds later, officers Randy Roedema and Jason Rosenblatt showed up, also engaging with Elisha. As he explained he was an “introvert“, and was “just walking home“, one of the officers responded, “Relax, or I’m going to have to change this situation”.
The officers had McClain against the wall, before taking the five feet seven, 143 lb man to the ground. One of their body cameras was detached and landed in the grass, capturing an officer slowly walking out of view. With Elijah and police no longer being filmed clearly, one officer can be heard claiming, “he just grabbed your gun dude“. Within four seconds of the allegation, Elijah can be heard choking as a result of police applying the carotid restraint, restricting his airflow. FOUR SECONDS?! One of the officers later told investigators that McClain “briefly” fell unconscious and the officers released their grasp on his neck. The chokehold was implemented only one minute and four seconds after the first officer exited his vehicle. The three officers involved, Woodyard, Rosenblatt and Roedema, all claimed their body cameras “fell off ” in the “struggle” with this small statured young man.
The video footage is very difficult to listen to. Elijah McClain can be heard gasping as he pleads with officers to stop, saying, “I can’t breathe“. Elijah continues to plead, saying his name and that he was “just going home“. Through his sobs, came the words I, and many others with invisible disabilities, will never forget. “I’m just different. I’m just different, that’s all“. It’s hard to difficult the police on the audio of one body cam, but Elijah’s words are clear… “I’m so sorry. I have no gun. I don’t do that stuff. I don’t do any fighting. Why are you attacking me?”. As officers ignore his pleas, they seem to spin tales of their “struggle” with a 143 pound person. One repeated the accusation that McClain tried to grab officer Roedema’s gun, and that they “had” to use the carotid hold.
About six minutes after the initial contact by police, Elijah McClain can be heard vomiting for the first time. One of the officers commands him to “STOP“, to which McClain apologized, saying, “I’m sorry. I wasn’t trying to do that. I just can’t breathe correctly”. In the next few minutes, McClain gets sick “a few more times” while officers held him face-down, repeatedly telling him to “stop resisting“. Reports say he was also handcuffed and still wearing the ski mask when he was sick, and as a result, was struggling to breathe. He may have been trying to roll on his side, or remove the mask to breathe better, as police seemed to be acting out a show of “resisting arrest” for the body cam audio.
The officers can be heard threatening him, “Don’t get up. It’s not gonna be good for you, I’m telling you right now“. Another officer standing over him said “You keep messin’ around, I’m unna bring my dog out here“, saying he would let the dog attack Elijah. Approximately 11 minutes after the initial contact by officer Woodyard, the cameras capture police saying, “When the ambulance gets here, were gonna go ahead and give him some ketamine“. This is also when they claimed “whatever he’s on, he has incredible strength”, as another concurs “yeah, crazy strength”. It’s alarming that police, and individuals of such character, have authority to mandate the administering of this powerful sedative.
Image from another officers body cam footage. Read Alt text for more.
The timing of the accusation that Elijah McClain attempted to grab the firearm, only seconds after body cams were removed, is highly suspect. Again, McClain was 143 lbs, being held by three much larger men. While one of the officer’s body cam was still attached, another can be heard telling him to “move” his camera. I don’t believe the body cams dislodged, and firmly believe these accused murderers doffed them. The Maclean’s attorney said police intentionally removed their body cameras “to support a false allegation that McClain reached for a gun“. Though it is not clear on the video, there is absolutely, no doubt in my mind, the accusation is false. The same is true, regarding their claims for body cam audio that Elijah was “struggling“. If he was struggling, it was likely for air and survival.
The report from paramedics, Jeremy Cooper and Peter Cichuniec claimed that when they arrived, Elijah was displaying signs of “excited delirium“. The snap “diagnosis” was made, despite never touching, talking to, or checking Maclean’s vitals. Were these paramedics scapegoating in an effort to protect their fellow first responders? After incorrectly estimating his weight, the paramedics administered 500 mg of ketamine to McClain, a dosage for someone nearly 60 to 70 pounds larger. For those who believe in forcibly drugging people, the proper ketamine dosage for Elijah’s weight, is about 325 mg. Approximately 23 minutes after Nathan Woodyard stopped “to talk” to McClain, the officers involved were informed, Elijah, had no pulse. Less than a week later, he was declared brain-dead on August 27, and died, five years ago today, on August 30, 2019.
According to cpr.org – CPR news: “After McClain’s death, Dr. Stephen Cina, a contractor forensic pathologist for Adams County, completed the autopsy on Sept. 3, 2019. There were two Aurora police officers, and two representatives from the Adams County District Attorney’s office in attendance“. I’d be interested to hear that conversation, considering the findings of the autopsy. The Adams County corner ruled the cause of death as “undetermined“, saying that, “a therapeutic amount” of ketamine was found in Maclean’s system. The report, reeking of scapegoating, speculated about drug use and undiagnosed mental illness, while seeming to conclude nothing, but suppositional ifs.
Excerpt from Dr. Cina’s report: “The manner of death may be accident if it was an idiosyncratic drug reaction,” . “It may be natural if (McClain) had an undiagnosed mental illness that led to excited delirium, if his intense physical exertion combined with a narrow coronary artery led to an arrhythmia, if he had an asthma attack, or if he aspirated vomit while restrained.”… “It may be a homicide if the actions of officers led to his death (eg. carotid control hold…)”.
That’s a lot of “Ifs”. I can’t help but wonder “IF”, the presence of officers and DA personnel “may” have influence the doctors findings. In conjunction with the corners “undetermined” autopsy determination, Adams County DA Dave Young said, he would not bring charges against the officers. This seeming manipulation of justice, by those who controlled it, was met with outrage.
Another slap in the face, illuminating the culture of Aurora PD, occurred in October 2019, less than two months after Elijah’s death. Several other officers returned to the scene, taking pictures while they joyfully reenacted the cardioid hold, used on McClain. In July, 2020, after the photos were made public, three officers were fired and one resigned. It’s remarkable that they were fired for mocking and taking pictures, while the officers accused of killing Elijah, were still patrolling the streets. The shouts of “Justice for Elijah”, became louder as it seemed this heinous police action was being ignored. Once again, protesters took to the streets.
AP Photo/David Zalubowski, File) – BF Denver Post – Read Alt text for more.
Protests and Indictments:
The winds of change began to blow in the summer of 2020. A change.org petition compiled over 2 million signatures, seeking justice for Elijah McClain. On June 10, 2020, Colorado Gov. Jared Polis told the public, Atty Gen Phil Weiser would be investigating the death of McClain. Also that June, protesters shut down a section of Interstate 225, demanding accountability for his death. In the series of peaceful demonstrations, protesters were also targeted by police. During one of those protests, when heavily militarized police arrived, the legendary chant began, “WHY ARE YOU IN RIOT GEAR! WE DON’T SEE NO RIOT HERE“. Finally, there was momentum in the battle for some form of justice.
In September, 2021, over two years after the crime, a 32 count grand jury indictment charged the five first responders for their actions. The forensic pathologist who was part of the grand jury investigation, concluded the cause of death was “homicide“. The individuals named in the grand jury indictment were: officers Randy Roedema, Nathan Woodyard, Jason Rosenblatt, and paramedics Jeremy Cooper and Peter Cichuniec. All five were charged with Manslaughter and Criminally negligent homicide, among other charges. Roedema, Rosenblatt and both EMTs were additionally charged with Second-degree assault and Crime of violence.
Protesters shut down Interstate 225. Read Alt text for more.
The indictment was followed by a series of other events. In September 2022, well after the grand jury indictment, Adams County announced, the original 2019 autopsy report had been amended. It now stated the means as “COMPLICATIONS OF KETAMINE ADMINISTRATION FOLLOWING FORCIBLE RESTRAINT“. However, the cause of death was still listed as “UNDETERMINED“, rather than “homicide”. Interestingly enough, in November 2021, the city of Aurora agreed to pay the family of Elijah McClain, $15 million to settle a federal civil rights action.
After much legal wrangling, many delays, and the passing of four long years, the five accused murderers, were tried in three separate cases. Nathan Woodyard, the first Aurora officer on the scene, who put his hands on Elijah within nine seconds, stood trial alone. The other two officers, Randy Roedema and Jason Rosenblatt, faced “justice” in the same proceeding. The paramedics, Jeremy Cooper and Peter Cichuniec, were also put on trial together. I gave daily reports during the trials, but ultimately became disgusted by the outcomes. I do not believe justice was properly served.
Image showing protests and mugshots of the accused. Read Alt text for more.
In the joint trial of the two Aurora officers, the jury found Randy Roedema guilty of criminally negligent homicide, and third-degree assault causing bodily injury. Officer Jason Rosenblatt was acquitted, and will serve no jail time. After the verdict, Elijah McClain’s mother, Sheneen, told reporters as she left the courthouse, “… I’m pissed!”. I must say, so am I! Randy Roedema, the only officer to be incarcerated for the murder, was sentenced to 14 months with options for work-release prison time.
In June, the Denver Post reported that Randy Roedema told a judge “he is depressed, paranoid, sleeping poorly and has lost 30 pounds since beginning his part-time jail sentence”. I imagine, Elijah’s mother has been sleeping poorly for four years. He claims jail is too tough? I’m sure it’s not half as tough, as what he subjected Elijah McLean to.
Both of the paramedics were found guilty for their part in the administration of ketamine to Elijah McClain. Peter Cichuniec, the EMT who estimated Elijah’s weight, and authorized the administration of the drug, was convicted of criminally negligent homicide, and “second-degree unlawful administration of drugs”. The other, Jeremy Cooper was convicted, only of criminally negligent homicide, and sentenced to 14 months of work-release, four years probation and 100 hours of community service. Peter Cichuniec, was sentenced to the minimum, five years in prison.
Officer Woodyard, the first on the scene, was acquitted of all charges and, essentially “paid” to leave the Aurora Colorado Police Department. After joining the force in 2016, and being acquitted after his trial, Woodyard initially said he planned to return to the department. In January of this year, he resigned instead, and was paid almost a half million dollars by the city.
In public records obtained by the Denver Post, “following his acquittal and resignation”, he was paid a total of $429,895.51 by the city of Aurora.
According to the documents obtained by the Post, “the money paid to Woodyard came in three payments”:
⦁ Nov. 22 – $212,546.04 in back pay accrued while he was suspended;
⦁ Jan. 19 – $200,000 for “backpay, accrued leave, and other consideration” – including an agreement not to pursue any claims against the city;
⦁ Jan. 19 – $17,349.47 to cover the cost of one year of medical coverage.
If the group of five men that did this, where civilians, what do you think there penalty would have been? Nathan Woodyard, served no time, and is now over $400,000 richer, in part, because of his involvement in the incident. The others were given a slap on the hand, when considering the magnitude of the crime. According to other investigations, Aurora Colorado’s pattern of policing, has raised concerns of implicit bias towards those with invisible disabilities, POC and other marginalized people. In so many ways this is a travesty of justice to so many. Elijah McClain suffered during the event, and for days before his passing. His family, is still suffering. Justice for Elijah McClain? Balderdash!
It’s reported that over 1100 people were killed by police in 2022, 1,329 in 2023, according to “”Mapping Police Violence”. Other reports say, “half of people killed by police have a disability”. It seems to be a dangerous time if someone decides another is different, especially if that someone has authority. People with disabilities are not a “new thing”, and represent about 26% of the US population. Why should it be necessary to teach those sworn to “”serve and protect””, basics like: understanding, accommodation, proper communication, and preservation of dignity, when it comes to invisible disability? Can things like human decency, actually be taught with “”adequate training””?
Considering Elijah and the story of Christian Glass, is it any wonder many individuals with invisible disabilities, are afraid to call police for help? How many such crimes are covered up or not reported? More importantly, why did so many have to suffer, before anyone heard them call… “”I’m just different. I’m just different, that’s all””.
OutOfExile_IDR™ © 2023
Photo of Memorial to Elijah McClain. Read Alt text for more.
Elijah McClain’s last words: CW
“I can’t breathe. I have my ID right here. My name is Elijah McClain. That’s my house. I was just going home. I’m an introvert. I’m just different. That’s all. I’m so sorry. I have no gun. I don’t do that stuff. I don’t do any fighting. Why are you attacking me? I don’t even kill flies! I don’t eat meat! I don’t judge people, I don’t judge people who do eat meat. Forgive me. All I was trying to do was become better. I will do it. I will do anything. Sacrifice my identity, I’ll do it. You all are phenomenal. You are beautiful and I love you. Try to forgive me. I’m a mood Gemini. I’m sorry. I’m so sorry. Ow, that really hurt! You are all very strong. Teamwork makes the dream work. [after vomiting] Oh, I’m sorry, I wasn’t trying to do that. I just can’t breathe correctly.”
OutOfExile_IDR™ – © 2024
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Source Links:
Half of People Killed by Police Have a Disability: https://www.nbcnews.com/news/us-news/half-people-killed-police-suffer-mental-disability-report-n538371
Six minute video analysis of Elijah McClain’s: https://www.youtube.com/watch?v=dGlHMZQtO7U
Full 3 hour video including multiple officers body cam footage and Elijah McClain’s mother attempting to get answers: https://www.youtube.com/watch?v=q5NcyePEOJ8
Timeline, analysis of body cam footage in Elijah McClain case: https://www.9news.com/article/news/local/elijah-mcclain/elijah-mcclain-body-camera-video-analysis-timeline/73-68537e78-add9-4e66-97c6-a22c080b1e1e
Police mock the death of Elijah McClain: https://www.youtube.com/watch?v=giOB3LJj_g0
Accused killers plead not guilty: https://www.youtube.com/watch?v=TUU-xE-uouQ
Protesters targeted: https://www.thecut.com/2021/10/how-aurora-colorado-police-cover-up-misconduct-and-brutality.html
“Hundreds of Officers That Have Been Labeled Liars. Some Still Help Send People to Prison”: https://www.usatoday.com/in-depth/news/investigations/2019/10/14/brady-lists-police-officers-dishonest-corrupt-still-testify-investigation-database/2233386001/
Aurora officer paid “to leave the force: https://www.9news.com/article/news/local/aurora-officer-nathan-woodyard-resignation-agreement-acquitted-elijah-mcclain-death/73-29dfd591-c3c1-4b79-a5d5-64f7441ed7f8
Example of Aurora PD’s racial profiling: https://sentinelcolorado.com/metro/police-courts/aurora-cop-who-shot-boy-14-part-of-unlawful-search-settlement-of-black-man/
Legal analysis by Wolfberg and Wirth: https://www.ems1.com/legal/articles/legal-analysis-what-the-paramedic-criminal-charges-in-the-elijah-mcclain-case-mean-for-ems-wIPxkOn0Hn4ToKVk/
Wikipedia page containing a link to the 911 call and police body camera: https://en.wikipedia.org/wiki/Death_of_Elijah_McClain
https://outofexileidr.vivaldi.net/2024/08/31/the-death-of-elijah-mcclain-five-years-ago-today-how-first-responders-killed-elijah-mcclain/
#BLM #ElijahMcClain #EndAbleism #Hero #IMDifferent #ICantBreathe #Justice4Elijah #SocialJustice #SocialJusticeone #StopKillingUs #Writing #ActuallyAutistic #disability #I #JusticeForElijahMcClain #NoJusticeNoPeace
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