AURORA, Colo. (KDVR) — The mother of Elijah McClain said the release of the independent report commissioned by the city of Aurora into the Aug. 30, 2019, death of her son Elijah McClain confirms the police department’s original “post-event investigation was flawed.”
“Happy that the truth is finally coming out, that they (Aurora Police) can’t hide anything anymore,” 48-year-old Sheneen McClain said.
Her son would have turned 25 on Feb. 25. Instead, he died after he was stopped by Aurora police officers while he walked home from a convenience story on Aug. 24, 2019, because he was wearing a ski mask.
Police would accuse Elijah McClain of exhibiting “excited delirium” and had medics administer him a massive dose of ketamine for someone his size and weight.
He would die in a hospital bed six days later.
Elijah McClain death: What we know so far
“No probable cause to stop him,” McClain said, who added, “I appreciate it that there’s something now from Aurora, Colorado stating that their own people were wrong.”
The independent report said officers never had probable cause to stop Elijah McClain, had no reason to give him a massive overdose of ketamine and the report noted Aurora’s efforts to investigate its officers was problematic from the beginning.
“Of course the original and so-called investigation by Major Crimes was flawed. It was designed from the beginning to exonerate the officers and medics who murdered Elijah McClain,” Mari Newman said, the attorney who represents Luwayen Mosey, the father of Elijah McClain.
Newman pointed to one specific passage in the independent report that stated, “First, the interviews conducted by Major Crime investigators failed to ask basic, critical questions about the justification for the use of force necessary for any prosecutor to make a determination about whether the use of force was legally justified. Instead, the questions frequently appeared designed to elicit specific exonerating “magic language” found in court rulings.”
McClain ketamine investigation ongoing; metro agencies continue same protocols
“They’re so used to it, they’re so used to doing what they do. It’s second nature to them to be liars and cheaters and killers,” McClain said.
The Adams County District Attorney has already decided not to file criminal charges against the police officers or medics involved but that doesn’t prevent Colorado Attorney General Phil Weiser, who is conducting his own investigation, from issuing criminal indictments.
“Whoever can file charges on them, should file charges on them,” said McClain, before adding, “Aurora Colorado, should not be allowed to get away with nothing no more. All our eyes are on Aurora, Colorado.”
The city of Aurora is holding a press conference Tuesday morning to discuss the findings from its independent report.
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