Jury acquits second police officer in Elijah McClain’s death. Why?

By James On Nov 7, 2023

Elijah McClain’s mother wiped tears from her eyes as a verdict was read Monday acquitting a second Denver-area police officer in her son’s 2019 death.

Two of the three officers to go to trial so far avoided jail time after being found not guilty, leaving Sheneen McClain and police reform advocates still seeking justice. The death of Elijah McClain fueled national outrage over racial injustice in law enforcement after the 23-year-old black man was put in a necklock and given a ketamine overdose after police stopped him as he walked home from a supermarket.

In the most recent trial, a 12-person jury found Aurora Officer Nathan Woodyard, who held Mr. McClain in the neck, not guilty of murder and manslaughter after a weeks-long trial in district court. If convicted, he faced years in prison.

Sheneen McClain sat in the front row of the courtroom and left with her fist raised, just as she did last month after the first trial of two other officers. She declined to comment, but a supporter who accompanied her called the verdict “pathetic” and a sign that the justice system was not changing.

“Her son should live, and everyone claims to agree with that, but for some reason we can’t hold accountable the people who took that away,” said MiDian Holmes, an activist who befriended Sheneen McClain after they met at a meeting in 2020. protest. “I think she understands and realizes that she can fight if she can feel. This fight isn’t over for Sheneen McClain. She will turn this pain into promise and progress.”

A third officer was convicted in the earlier trial of the lesser charges he faced: negligent homicide and third-degree assault. Two Aurora Fire Department paramedics are awaiting trial later this month.

Mr Woodyard declined to comment after his acquittal. Defense attorney Megan Downing said: “We believe this was the right verdict and not an easy one.”

Colorado Attorney General Phil Weiser, speaking outside the courthouse with prosecutors at his side, said his office would not be deterred in its pursuit of justice for Elijah McClain.

“Right now, I think of Sheneen McClain, who fought hard to keep her son’s memory alive and live a blessing,” Mr. Weiser said. “No mother should have to go through what she went through.”

Unlike the first two officers prosecuted, Mr. Woodyard took the stand during his trial. He testified that he held Mr. McClain by the neck because he feared for his life after he heard Mr. McClain say, “I’m planning on taking my power back” and another officer said, “He just took your gun, dude.” ‘

Defense lawyers insisted that Mr Woodyard was not present during the crucial minutes when Mr McClain’s condition deteriorated. Body camera footage seen by jurors showed Mr. Woodyard stepping away from part of the confrontation.

Mr. McClain’s death had received little attention until protests over the killing of George Floyd in Minneapolis sparked new outrage in 2020. His pleading words, captured on police camera video: “I’m an introvert and I’m different,” struck a chord.

A local prosecutor decided not to pursue criminal charges in 2019 because the coroner’s office could not determine exactly how Mr. McClain died. Colorado Governor Jared Polis ordered Attorney General Phil Weiser’s office to review the case in 2020, and a grand jury indicted the officers and paramedics in 2021.

The killings of Mr. McClain, Mr. Floyd and others set off a wave of legislation imposing restrictions on the use of neck holds in more than two dozen states, including Colorado, which is also now telling paramedics not to give ketamine to people suspected of a have disputed condition known as excited delirium. The condition was described in a now-retracted report from emergency room physicians as manifesting symptoms including increased strength. Critics call it unscientific and rooted in racism.

Mr. McClain was arrested on the night of August 24, 2019, as he walked home from a convenience store, listening to music and wearing a mask that covered most of his face. The police stop quickly turned physical after Mr. McClain, apparently taken aback, asked to be left alone. He was not accused of committing any crime.

Mr. Woodyard and other officers told investigators that they took Mr. McClain down after hearing Officer Randy Roedema say that Mr. McClain had grabbed an officer’s gun. Mr. Roedema later said that Officer Jason Rosenblatt’s gun was the target.

Prosecutors countered that Mr. McClain never tried to grab an officer’s gun, and that this did not show up in body camera footage.

Mr. Woodyard said he put his arm around Mr. McClain’s neck and applied pressure to the sides to stop blood flow to Mr. McClain’s brain and render him unconscious for a moment. The technique, known as a carotid check, was allowed at the time but was later banned in Colorado.

Paramedics injected Mr. McClain with ketamine while Mr. Roedema and another officer who was not charged held him on the ground. Mr McClain suffered cardiac arrest on the way to hospital and died three days later.

Mr. Roedema was convicted earlier this month of the least serious charges he faced, which could carry a sentence of probation to prison.

Mr. Rosenblatt was acquitted of all charges. His lawyer said the youngest officer on the scene was a scapegoat in a politically driven prosecution.