Once again police walk free despite attacking and killing (or at minimum precipitating the death of) an innocent black man.
It is impossible to be surprised when police suffer no repercussions for killing an unarmed black man, but that doesn’t change the sting of seeing the Adams County (Colorado) District Attorney announce that no charges will be brought against the police whose actions on August 24 precipitated the death of 23-year old Elijah McClain of Aurora.
The Aurora police described the incident thus:
"On August 24, 2019 at 10:32 p.m. the Aurora Police Department received a 911 call where the called described a 'suspicious person.' The caller reported an adult male was walking on Billings Street near East Colfax Avenue, wearing a ski mask and flailing his arms at the caller. Officers arrived in the area and contacted a male still wearing a ski mask, later identified as Elijah McClain. The male began to resist the officer contact, a struggle then ensued, and he was taken into custody. Aurora Fire Rescue administered a standard medication to reduce Mr. McClain’s agitation. He was then transported to a local hospital where tragically he died days later." (Source: Westword)
That glosses over the reality of a promising young life taken, of an innocent man tortured and threatened, of police ensuring their actions weren’t recorded properly, and of a family and community left to wonder why police misconduct will go unpunished.
It started with a 911 call about a supposedly suspicious man flailing his arms and wearing a ski mask. That was enough for police to treat that man — Elijah McClain — as a dangerous criminal, despite the fact that all he was doing was walking down the street to his home, listening to music, waving his arms a bit, and wearing a ski mask (something his family indicates he did routinely because he had anemia and become cold easily). The police ignored two other important statements from the 911 caller: that he had no weapon and that the caller didn’t think anybody was in danger.
As the family’s attorney, Mari Newman said: “These Aurora police officers immediately confronted Elijah. Now, they didn't get out of the car and say, 'Hey, man, what's up?' What they did is what Aurora police officers do time and time again. They saw a young person of color and they took that person of color and grabbed him immediately, hands on, aggressive, and slammed him against a wall."
When officers first contacted him, McClain refused to stop saying “I have a right to go where I am going.” An office got close to McClain and touched him; McClain responded “I am going home, leave me alone, let me go, no let me go. I am an introvert. Please respect my boundaries that I am speaking.”
Officers predictably claim that McClain tried to grab for one of their holstered guns.
McClain, who weighed only 140 pounds, was taken to the ground, where one officer applied a “carotid control hold” around his neck — in other words, McClain was being strangled. He was handcuffed with hands behind his back, and vomited several times.
The body cameras on the three officers involved became dislodged during the incident so footage of much of it was not visible — only audio. Think that was coincidence? At one point during the struggle, an officer saw another with a camera pointing at him and said “Move your camera, dude.”
While video may be lacking, in the audio where McClain could still clearly be heard, he said “Ouch, that really hurts.” “I’m so sorry. I don’t have a gun. I don’t do that stuff.” “I'm a peaceful person. I'm a vegetarian! I don't even kill flies!” And painfully familiar: “I can’t breathe.”
In a particularly appalling exchange, one officer threatened to sic a police dog on an already handcuffed and pinned-to-the-ground McClain. (Aurora’s police chief called that cop a “good officer who made a mistake.”)
Despite already being handcuffed and subdued, McClain was sedated using an injection of ketamine. En route to the hospital in an ambulance, he suffered a heart attack. On August 27, he was officially declared brain dead. He was taken off life support on August 30.
The autopsy was inconclusive:
The manner of death may be accident if it was an idiosyncratic drug reaction. It may be natural if the decedent 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 homicide if the actions of the officers led to his death (e.g. the carotid control held led to stimulation of the carotid sinus resulting in an arrhythmia). Based on my review of the EMS reports, hospital records, body-cam footage from the restraining officers, and the autopsy findings, I cannot determine which manner of death is most likely. Source: Westword
Despite promises of transparency in investigating the event, the Adams County DA’s decision was announced in a surprise late Friday press conference, without notice to McClain’s family. Newman said, “Tonight’s surprise Friday night press conference is yet another example of Aurora doing its best to keep Elijah’s family and the community in the dark.”
The death of an unarmed young black man at the hands of police is all too familiar. While condemning the actions of police and the whitewashing of the DA’s office, we should also remember and honor the unique and special person whose life was cut short. A “Love for Eli” website shares some reflections on his life:
Although Elijah McClain was only 23 when he passed, he impacted an incredible number of lives with his positivity, charm, and humor. His memory lives on, not only in his family and friends, but in the changed hearts and minds of every stranger Eli ever made smile with his delightful antics.
Eli was athletic, creative, and unquashably cheerful. For all the boundless energy he possessed, he was also impressively masterful at focusing his attention. He leveraged his incredible discipline, and his natural genius, to become a respected and highly effective practitioner of therapeutic massage. He worked for four years at Massage Envy Cherry Hills Marketplace in Greenwood Village, Colorado. Thousands of clients are more happy, healthy, and at peace with their lives, for having experienced his care and his naturally healing presence.
Some people are just truly awe-inspiringly brilliant at anything they try, and Eli McClain was one of those people. From throwing a dance move into every step, to singing to himself about how beautiful the day was, Eli found a way to sprout celebration from every moment of life. And from goofballery like walking on his hands down the sidewalk, to kindness like leaving beautiful drawings on sticky notes in sneaky places for people to find, he was always inventing ways to make people laugh and smile. He was an avid reader, an avid musician, and deeply invested in spiritual and personal growth.
Elijah McClain leaves behind a void in the hearts of all who knew him, and none feel it more deeply than his loving family. Please extend to them your kindness and support during this tragedy.
One of Eli's highest values is gratitude; he'd often be heard saying his motto "Always with gratitude," and every conversation would be ended with a heartfelt "Thank-ya-thank-ya!" and a huge smile.
So, always with gratitude, Eli ... thank YOU for being you, and for being with us while you could. The world is darker for you having left us, but much brighter than it was before you came along. We will remember you, your lessons, and your love.
And some final words from his mother Sheneen McClain:
He was a happy young man, he was always energetic. He would walk around on his hands outside. I'd say, 'Get off the ground,' and he'd say, 'But I'm having fun.' He was just one of those free, loving spirits that just wanted to enjoy life. He didn't like aggression. He didn't like arguments ... He wanted everybody to be happy in their own skin, because he wanted to be happy in his own skin. It's sad that good people like that aren't valued in this society.