Elijah McClain did not accidentally end up being choked by police and then overdosed with ketamine, killing him.
Jurors in the trials against the Aurora officers who were responsible for Elijah’s death didn’t get that.
Aurora police officer bodycam footage, and even testimony from the cops themselves, made it unequivocal he should never even have been harassed on a hot August night in 2019, let alone killed.
Elijah was walking home from a convenience store with cans of iced tea, listening to music through earbuds, dancing along.
Elijah was Black, which proved to be lethal for him.
It’s likely that if Elijah had been white, he’d be alive. A white guy, dancing along, probably wouldn’t have caught the attention of a passing motorist, who called Aurora police dispatch to say a sketchy Black guy was walking along, not doing anything criminal, just being Black and sketchy.
Being Black, and especially a Black male, has been so much of a liability in Aurora, and plenty of other cities, that the state’s attorney general forced Aurora police to submit to a vast array of police reforms because of “patterns and practices” of abusing Black people and using excessive force on them.
For more than a decade, the Sentinel has exposed all kinds of the repugnant acts by a clear minority of Aurora officers bringing a dark cloud of shame upon the entire department.
Former Aurora Police officer Nathan Woodyard, acquitted this week by a jury in Brighton, was among the bad cops in the department.
Within seconds of pulling up on Elijah, he was out of his squad car and physically confronting him, clearly petrifying the 23-year-old massage therapist.
In the shadow of decades of unchecked abuse, Black people in Aurora, and across the nation, have good reason to be petrified when confronted by a cop.
Within minutes, Elijah was essentially ambushed by police. Alarmed and smelling his own death, he panicked, not differently than had been confronted by any other local gang of thugs.
Witnesses in Woodyward’s trial, and that of two other Aurora cops responsible for Elijah’s death, testified that the cops failed to follow accepted — and wise — police procedures and training, nearly from the beginning of their confrontation.
Where common sense and good policing dictates that officers de-escalate an encounter, that never happened. Instead, Elijah, like so many Black men, are confronted with the “don’t make me hit you again” attitude that bullies have capitalized on for eons in bad marriages and bad police departments.
They tackled him. Throttled him. They forced him to choke and aspirate his own vomit while he begged for air.
It was a cruel, sadistic attack that anyone without a gun and a badge would be jailed for, and rightfully so.
But these officers’ defense lawyers pointed out that, despite nearly killing Elijah in the minutes they confronted and attacked him, it was, ultimately, an overdose of ketamine wrongly injected into him that technically caused his heart to stop, eventually ending his life.
There’s little doubt that, on the surface, that’s probably true. What technically ended Elijah’s life was probably a ghastly case of medical malpractice.
But the wrongful, racist confrontation and assault by three Aurora police officers certainly led to his death.
Did that cause his death? Absolutely.
Elijah would be alive today if he hadn’t been attacked by the police and then targeted with a falsified need for a ketamine injection based on the quackery of an “excited delirium” call.
Two of the three cops who helped kill Elijah got off from being held accountable because jurors, like many people, think Elijah caused his own death by not immediately succumbing to the cops’ demands.
No doubt that had Elijah been an older white woman or even a fellow white cop, the deadly abuse inflicted on Elijah would, to the jury, have clearly been seen as deadly abuse.
That’s the problem. There are now state laws that prevent future Black victims of excessive force from being injected with ketamine. A new law forbids cops from choking people into unconsciousness for carrying home iced tea and panicking when cops confront them inexplicably in the dark.
But there is no effective law for cops, or anyone, to prevent seeing a Black man as a threat because he is Black.
Police reaction to Elijah being Black is what caused his death. Assault, choking, asphyxiation and an eventual ketamine overdose were just the details of his homicide.
Follow @EditorDavePerry on BlueSky, Threads, Mastodon, Twitter and Facebook or reach him at 303-750-7555 or dperry@SentinelColorado.com
Good police training would emphasize that atypical behavior does not equate to suspicious behavior, nor does it create a reasonable articulable suspicion of a specific crime or crimes. Atypical behavior is not a reason for a stop or a confrontation, it is a reason to observe, to monitor, but not to interact. Police should gather more information from observing a matter they cannot reasonably articulate as a specific crime rather than rushing forward in a confrontational manner . Then, after observing for a time, they should calmly, politely, and professionally seek a consensual encounter, prepared to be rebuffed as that is the nature of a consensual encounter. If they could simply stop thinking of the atypical as suspicious and instead view it as worthy of further observation (WOFO) they would improve their standing in the community and would reduce the millions of dollars of settlements the city attorney hands out like candy on Halloween.
All of these deaths end today if “the talk” included how to interact with the police and not how to enrich the family by cashing out in the ghetto lottery. The elephant in the room needs to be addressed honestly or there will be no change.
Justin, our constitution gives us no obligation to cooperate with police or any coercive force. We must continue to ask: who is policing the police, and what does Protect and Serve really mean? Until we tire of paying out big amounts to compensate for police misconduct, that behavior will continue.
BTW, your ‘ghetto lottery’ really showed your worldview. Hope you heal soon.
These laws belong to a civil society and are backed by the 4th amendment which allows the police to detain when they have reasonable suspicion. Through all of the hearings, the constitutionality of APD contacting Elijah has been deemed righteous. I can only assume the people arguing the case know more than Monday morning quarterbacks like us.
I don’t want to get in the weeds but APD does have problems but they aren’t race related. Drunky Nate Meier (passed out in uniform, in a police car) needed to be fired…..thank the union. Cassidee Carlson helped a fellow APD detective violate a protection order, and was admonished by a Denver judge, just to be promoted by the chief….after being sustained on misconduct by IA. Upside being I heard she has since retired instead of being terminated by the new chief. That’s just two but I predict it will get worse with the lowering of hiring standards to meet their numbers. If I am not mistaken the APD pistol whipper had been charged with pointing a shotgun at a roommate (felony) but pleaded out to a lower charge.
Point being, the cities have no choice but to pay out because the risk of putting a civil case in front of a jury, being fed by a blood thirsty media, would bankrupt most cities in the country.
In 60 million nationwide contacts annually, 1000+/- people get killed by the police per year. That spectrum ranges from people actively trying to kill officers to unarmed people like Elijah. What is the common thread in the 59,999,000 who are still alive? My guess is compliance and the decision to battle it out in the courtroom. That leaves the 1000 people who decided to gamble, hence the ghetto lottery.
Already healed, thank you!
Thanks for the rant that gets to the core of the problem.
You may have stopped a few steps too soon — it isn’t simply the police actions, but the “patterns and practices” allowed by the force. And the administrators who have allowed those patterns. And the politicians who hired those administrators. And ultimately, the voters (and registered voters who did not vote) who put the politicians in office (and keep them there).
There is plenty to think about and, optimistically, begin to change.
We, in the USA, solve cases like the McClain case by jury trials. Seems like you didn’t like the outcome, Dave, so you continue to rant and rave to activate the Aurora Activists. Seems dangerous to me, and unneeded. Why not complain in your editorial how the Jury System in our country is racist, twisted and unfair and that we need a new system? This you can explain away whenever a jury comes up with a decision that you and the Sentinel Blog doesn’t agree with.
Not for long still, Dave, although my 12/31/2023 over/under for your demise may be too short. I think you bought a few months because you left your opinions over the election out of the Blog. Suppose the non profit situation made you do this. Correct? I wonder how many readers noticed that for the first time in the Sentinel’s history that no one was selected by you to win the elections? I did. How about an explanation why?
Twisted. This kind of racist labeling is part of what gets people hurt. Instead of realizing that Elijah died as a tragic miscommunication and resulting panic, we create this racist labeling of the cops. As result, we spread more fear so that other black people will fail to stop or cooperate in the future. When the police have no time to deescalate because the person won’t stop long enough to talk, these types of responses are forced upon them. I keep hearing that black people have to have this talk with their kids about how to act when the police stop them. That doesn’t seem to be the case since so many of them are running and fighting right away.
The Attorney General has lumped a number of cases together and called them racist when there is nothing that indicates racism except the fact that the people were black. I realize that he has no criminal law background and is a social justice warrior in a manner that will advance his career. The consent decree aims to make arrest and contact ratios proportionate. It sounds good, except that it is an impossibility in the current environment. An honest examination of crime statistics will tell you that black suspects are disproportionately involved in crime. Perhaps we can blame some of this on the well meaning welfare laws that drove many black fathers out of the homes. The leading cause of death for a black male is another black male. Black gangs are responsible for a huge amount of the drug trade and the resulting mass shootings. The media won’t report the race of those shooters because it would reinforce the perception that blacks are dangerous. The gang life is glorified in black culture. Watching the ratio of black crime that is reported in the media contributes to other citizens’ perceptions of the danger posed by black youths. We will probably not hear the statistics that come out of the consent decree because they will still be disproportionate. They are disproportionate in the other Colorado cities and the Attorney General has done nothing there. If the police just respond to calls (as they are mostly doing now), the statistics will still be disproportionate. If we assign police based upon crime statistics (as has been done for 50 years), then we will be more heavily policing the minority areas. The activists call this over policing. The people in those areas just want more police and to be safe and treated fairly.
Unfortunately, the failure to be honest about the situation is leading to a dangerous situation for the police and the public. The “police reform bill” has crippled police work in many ways that the public will never be allowed to understand. The police cannot use force to disperse a crowd when they are destroying your business. Many of the new vague force restrictions make the everyday job more dangerous for the police. The elimination of the neck restraint means that more officers will be hurt or killed and more suspects shot and killed. The police have gotten the message that they should avoid contacts, including traffic, because someone might run or fight. The police are being judged by emotion and hysteria instead of by facts. the judging is now done with 20/20 hindsight instead of from the viewpoint of a reasonable officer on the scene. The Supreme Court understood that officers are not making decisions in a calm environment with perfectly logical and cooperative suspects.
If police work is now reactive and not proactive, then community policing is basically dead. Since most chiefs don’t understand community policing, it may not matter. A police partnership with the community means that officers develop a relationship with the community and direct their efforts toward the crime concerns that the citizens have. That means that officers stop people who appear to be committing crime in those areas. Well, if you are going to call me a racist without knowing me, and if you don’t want to hear anything I have to say, we are not going to have any type of relationship. Further, if I am afraid that I will be unfairly judged and prosecuted for a fight that results from trying to stop someone, you can believe that I am not going to stop someone. So, whatever crime you are concerned about is basically now legal since there is no one to enforce the law. Hire as many officers as you like. If they are afraid to stop anyone, it won’t help. Please don’t tell me you support the police if you won’t find out the truth.
I realize that the public is completely in the dark about law enforcement. There is no one to give them a perspective. Certainly, those who would speak do not have any platform. The chiefs are part of the problem because they are politicians who never tell you the truth. Here in Aurora, the public just gave the chief more power. They don’t realize that the chiefs have been the problem all along. They fail to tell you the truth and they keep their officers from telling you the truth. They fail to lead ethically and competently, as can be seen from their ridiculous crowd control efforts. The cities paid out millions without even a stern word for the chiefs. The Aurora Chief wanted more power and he used the automatic promotion of an officer as his excuse. What he failed to say was that it was a Chief’s decision not to fire the officer when he was found passed out drunk on duty.
Officer Woodyard is not a bad guy. He was an officer trying to do his job when he tried to stop someone who did not stop. Elijah was not “choked” because he was carrying ice tea. He was rendered unconscious because he fought and reached for an officer’s gun. Yes, he probably did it out of fear. Who planted that fear? Yes, it was tragic. If we continue these generalizations, more people will not stop. In that case, welcome to lawlessness.
Okay Dave, you are more than willing to make the deliberation and explain away that white cops have a automatic racial bias. “But the wrongful, racist confrontation and assault”… “Did that cause his death? Absolutely” – So now you’re a doctor too. That’s amazing Dave!
Dave, another Aurora civil rights case, something you have your own local strong opinions about is working its way through the courts. Dave, please look at this video?
https://www.youtube.com/watch?v=00Bp2DQ5Qsk
Maybe after you watch this video you will share your thoughts. Why wait for the trial and all that drama? I’m curious to your expert estimation of this recent traffic stop, gone bad.
It’s Complicated…
OK, here’s a short comment if anybody’s still reading 🙁 My take on Dave’s editorial is that it’s brilliant! It isn’t much of a stretch to believe that Elijah panicked because he was “smelling his own death.” For people to decide that this was a problem of his own making is crazy. How would you react in a panic? You don’t even know. Also blaming his family (his mom?), who must not have had “the talk” with him about how to behave around the police, and therefore got rich in the ‘ghetto lottery?’ (an actual comment on here) Sheneen McClain has been one of the most remarkable and admirable people that I’ve ever seen. How does she keep showing up for these trials and watching the video of Elijahs’ takedown over and over again? She has been so strong for her son.
Elijah was what, 120 lbs? Yeah, he was quite a threat. Big bad cops gotta teach this guy a lesson. How dare he be walking along the street with his bag of goods from the convenience store? Let’s throttle him and teach him not to be so damned cheerful.
I think those three cops should of been convicted to Elijah death I supposed if it was one white person n black cops would of done that oh your ready to hang them or give them the electric chair or Hispanic
Lots of ideas to consider in Dave’s editorial and the responses, but one of the root causes has not been mentioned. The APD sometimes hires the wrong people to be cops. It’s important to have good rules of engagement and good training, but bad cops will ignore both. If you can’t instinctively understand that a 120 pound kid with two brawny cops holding him down is not a threat, then training about threat management is pointless.
To get better performance from our police force, we need to spend money to increase incentives and spend a lot more to vet prospects.
I used to do background checks on people who needed security clearances. Investigators talked face to face with the subject, the spouse, ex-spouse(s), neighbors, boss, previous boss, co-workers (past and present), and social contacts like fishing buddies. If the subject had a police record, we talked to witnesses. Was that expensive? You bet! But not nearly as expensive as a series of Elijah McClain incidents. If an outside agency did that sort of check, personal flaws like racism and anger management issues could not be hidden. How do most police departments do background checks now? They hire an ex-cop to make a few phone calls to prior employers. Do people with character issues slip through the cracks? Judge for yourself.
While Publius is right about approach, it often doesn’t go that way. First, if you are going to stop someone, you often don’t have time to gather more information or to observe before they disappear. One good thing is that this tragedy should have taught officers to err in favor of discretion and not approach without better justification. Mind you, good leadership should have already made sure that supervisors were going over things like this on a daily basis in briefing. Mind you, Aurora has not had good leadership.
For the police haters who cast all cops in the same light, there is nothing that can be said.
There is nothing in this incident that says police hiring failed. While I am strongly in favor of thorough screening, it usually won’t pick up on deep seated attitudes. Police chiefs, who are often sociopaths, go through the system forever fooling everyone. Ironically, the City has decided to lower standards in hiring. That should really help (sarcasm).
Lastly, most of you have no idea about use of force. If you have had to struggle with a 120 pound person on drugs or who is mentally ill, you would understand a little better. When they do things that seem super human, it gets your attention. The video doesn’t show the strength that the officers felt. They said that he pushed them up with all their weight on him. A scared, irrational person can well do that. Some of the worst fights are with women. While you are trying not to hurt them, they are thrashing around like a wildcat. One thing that you should note in this incident. The officers are trying to control, not injure. You can tell when they have “lost it”. They are not punching and kicking. They are trying to use the controls that they have been taught. The carotid was used after other means failed and one officer said that Elijah reached for an officer’s gun. In cases like that, suspects are often shot. The carotid was an attempt to control without killing him. A medical expert testified that the carotid did not kill him. The person resisting has the easiest job. They simply have to try to break loose using any means possible. The person trying to control without injuring, has the most difficult job. If officers were allowed to just pound them into mush, it would be much easier. In the old days, it was done that way. Today, after the struggle begins, you have a limited number of options. You have a firm grip, then pain compliance holds, leverage holds and lastly brute force. The mentally ill often require a bunch of people to hold them down. When that is all that works, then you have the problem of getting them cuffed fast enough that you don’t interfere with their breathing too long. In today’s world, they start yelling that they can’t breathe for the camera’s sake. While someone is fighting, I don’t want them to breathe. I want them to feel like they don’t have the resources to fight longer. After they stop fighting or are cuffed, then I want to make sure they can breathe. I can’t spend my energy overly protecting them while they are fighting me.
There are realties that the public doesn’t understand that are just a normal part of an officer’s world.
I want officers to win in physical conflict with suspects. I want them to win quickly and decisvely as that protects officers, suspects, and the public. It seems to me officers ahve been trained to exercise restraint, restraint which encourages suspects to believe resistance might work, and which, thereby, prolongs physical encounters to everyone’s detriment. Time to reconsider whether overwhelming initial force is actually less total force over the course of an encounter.
As for the editorial, in general, Mr. Perry paints a picture of a sprite dancing down the street. He paints a picture out of A Midsummer’s Night Dream. My memory of the first reports on this matter were that Mr. McClain was wearing a mask, at night, before anyone was wearing masks, in a high crime neighborhood. If so the deliberate ommission of that salient fact impugns the rest of Mr. Perry’s editorial.
Amazing. Publius addressed a fact that the public needs to understand. The idea of minimum force is dangerous to both the police and the suspect. The idea that your force must match the suspect’s is foolish. the Supreme Court has said that the force had to be reasonable, not the best. It is easy to sit and judge calmly later from a videotape. The public should be allowed to see all use of force. The police should be allowed to give a reasonable explanation from their training and experience. That isn’t happening right now. After 37 years of fighting with people who made it necessary when it should not have been, I have a certain understanding of what is reasonable. I was pulling officers off of suspects before it became even remotely popular. Since I have seen excessive force and understand the reasons for it, I believe that I have a better understanding. The officer’s force must be slightly greater than that presented by the suspect. Often, some contact must be made before you the public see the reason for it. When you must try to beat the suspect to his weapon or a perceived weapon, then you must move first. If I hesitate too much, my life is on the line. Might I make mistakes in those situations? Yes. The more I can make the suspect believe that he will lose or be harmed, the less I have to actually do it. That is misunderstood by the public. Publius is right in his comments. I commend him for his insight.
Tragic as it was, Elijah was in the same area where one of our officers was killed. I wish that he would have stopped and that there had been time for conversation.
Dave is a racist that is all anyone needs to know about him
I agree that it was hard to see Elijah being grabbed at first contact, seemingly out of nowhere. It was also hard to hear him trying repeatedly to connect with someone to understand who he was and what was happening to him in the moments leading up to his death. It was heartbreaking.
Officers, as people, have many heartbreaking interactions with the community over and over during the course of their day. They always see someone on their worst day. They interact with them for a few minutes and pass them on to the next person in line to deal with in the system. It is how their job works.
We have created a system where traumatized people are interacting with other traumatized people. Racial bias is part of that system because it is part of our lives. But I honestly think that the heart of the problem is trauma.
Unless we as a society support people in the complex ways they need, we will keep having issues like this, because police officers are people and cannot fix broken systems as individuals.