From [HERE] The city of Aurora, Colo., will pay $15 million to settle a lawsuit filed by the family of Elijah McClain, an unarmed 23-year-old Black man who died after law enforcement officers put him in a chokehold while he was on his way home in 2019. He was less than 100 feet away from his front door when white police officers unlawfully stopped and seized him.

Aurora officials said the settlement was the largest ever paid by the municipal government, and a lawyer for McClain’s father told the Associated Press that it was the biggest for a civil rights case in Colorado’s history. The agreement to drop the civil suit filed against the city last year was approved after a mediation hearing at a federal court.

The $15 million figure is more than double the $6.5 million that Aurora paid to settle officer-involved lawsuits between 2010 and 2017.

The findings of Colorado Attorney General Phil Weiser (D) were damning. Aurora police engaged in repeated abuses against non-white people, especially Black people, treated people of color differently from their White counterparts, repeatedly used excessive force and failed to properly document interactions with the public, according to the investigation.

Aurora’s police department cooperated with the state investigation, Weiser told reporters at the time. A separate city probe, released in February, found that Aurora officers had no legally justified reason to stop, frisk or use multiple chokeholds on McClain.

McClain died at a hospital after a violent arrest on the evening of August 24, 2019. McClain was walking home after he had gone to a corner store to purchase a soda or ice-tea.

McClain, who routinely wore masks when outside because he had anemia and became cold easily, according to family, refused to stop for officers when they first contacted him. However, the police apparently had no legal justification to stop him in the first place. “I have a right to go where I am going,” he said. The white Aurora officers involved were Randy Roedema, Jason Rosenblatt and Nathan Woodyard.

According to the federal indictment:

WOODYARD arrived first and ordered Mr. McClain to stop. WOODYARD did not see Mr. McClain with any weapons, but he noted a grocery bag and that, in his opinion, Mr. McClain was “suspicious.” Immediately after WOODYARD contacted Mr. McClain, ROSENBLATT joined WOODYARD, and the stop quickly turned physical. The officers grabbed Mr. McClain's arms then forcibly moved Mr. McClain over to a grassy area near where the officers first contacted Mr. McClain and pushed him up against the exterior wall of a nearby apartment building. ROEDEMA grabbed the grocery bag out of Mr. McClain’s hands and threw it to the ground. He did not examine the bag’s contents. The bag contained cans of iced tea. Mr. McClain was struggling as the officers attempted to restrain him. While Mr. McClain was pushed up against the wall and struggling, ROEDEMA told the other officers that Mr. McClain had reached for ‘your gun” Neither ROSENBLATT nor WOODYARD knew whether “your gun” meant ROSENBLATTs or WOODYARD's gun. ROEDEMA later said that Mr. McClain reached for ROSENBLATT's gun. ROSENBLATT stated that he did not feel any contact with his service weapon.

Officers are instructed that to perform a carotid control hold an officer uses his or her bicep and forearm to apply pressure to the carotid arteries on the sides of a 1 subject's neck, thereby cutting off blood flow to the subject's brain and causing temporary unconsciousness for the purpose gaining compliance or control ROSENBLATT stated that he applied an unsuccessful carotid control hold to Mr. McClain, and WOODYARD then applied a carotid control hold that resulted in Mr. McClain going unconscious and snoring. Mr. McClain suffered bodily injury. He was was rendered unconscious, suffered hypoxia, and his physical and mental condition were impaired. The risk of hypoxia and cerebral hypoxia was exacerbated by applying two carotid control holds. ROEDEMA also placed Mr. McClain in a bar hammer lock. Abar hammer lock is a physical defensive tactic whereby a subject's arm is held back behind their back to gain controlof the subject. ROEDEMA stated that he “cranked pretty hard” on Mr. McClain's shoulder and heard it pop three times. ROEDEMA, WOODYARD, and ROSENBLATT had all been trained that the carotid hold posed dangers and should never be administered more than once.

l hold, and ROSENBLATT radioed for Aurora Fire Rescue to respond to the scene. At the same time, Mr. McClain regained consciousness, the struggle resumed, and WOODYARD reported that Mr. McClain started to twist and pull away while on the ground. ROEDEMA, ROSENBLATT, and WOODYARD wrestled Mr. McClain to the ground. ROEDEMA tried to maintain control of Mr. McClain by putting his entire body on top of Mr. McClain in an attempt to sprawl him out.

The officers reported that Mr. McClain exhibited extraordinary strength. (a frail, 140-pound man, the three officers assumed that he was on drugs or a stimulant, performing for the camera, a white cop stated “Whatever he is on, he has crazy strength,” )The autopsy found only ketamine and marijuana in his system. )The officers placed Mr. McClain in handcuffs, and the officers continued to restrain Mr. McClain. ROEDEMA, ROSENBLATT, and WOODYARD remained on top of him and continued to hold him on the ground despite pleas that he could not breathe. 'WOODYARD rolled Mr. McClain onto his side into the “recovery position.” Officers were trained that if they administered a carotid control hold they had to place the individual in the “recovery position,” meaning placement on one’s side rather than in the prone position. Mr. McClain vomited multiple times while being restrained. Mr. McClain vomited into his mask during the struggle, and it ultimately came off after the handcuffs were secured. There was evidenceof vomit found inside the mask. Mr. McClain's handcuffs behind his back restricted his movement and prevented him from removing the mask.

Around this time, additional officers arrived on scene. ROEDEMA and ROSENBLATT continued to hold Mr. McClain on the ground, while WOODYARD walked away and was replaced by another officer. None of the officers checked Mr. MeClain’s pulse or monitored his airway, breathing, or circulation. ROSENBLATT straddled Mr. MeClain's legs, while ROEDEMA was positioned at McClain's back; Mr. McClain's hands were handcuffed behind his back. During this time, Mr. MeClain said his name, stated that he could not breathe and that what the officers were doing “really hurt,” Mr. McClain reported that he did not have a gun, did not do that sort of thing, he asked for help, and asked to find his phone. ROEDEMA applied, and directed other officers who responded to apply, pain compliance techniques to the handcuffed Mr. McClain. While restraining Mr. McClain, ROEDEMA increased pressure causing Mr. McClain tocry out, “Ah, ow, okay, okay.” KOEDEMA responded, “Well, chill out! You've already been told several times to stop.” Mr. McClain spoke again and ROEDEMA picked up Mr. McClain's torso and forcibly pushed it to the ground, causing Mr. McClain to cry out, “Ow!”

ROEDEMA was the senior patrol officer on scene and directed other officers. Mr. McClain repeatedly stated that he could not breathe. ROEDEMA ignored Mr. McClain's repeated statements that he could not breathe. Initially during the restraint, ROEDEMA, ROSENBLATT, and WOODYARD were all on top of Mr. McClain, and they were lying on his back. Throughout the restraint, two or three officers were physically restraining Mr. McClain, with ROEDEMA on his back and controlling him there, and with ROSENBLATT on Mr. McClain's legs. Other officers on the scene told ROEDEMA to make sure Mr. McClain could breathe, and ROEDEMA dismissed those reminders, asserting that Mr. McClain could breathe.

Additionally, prior to the restraint period, Mr. McClain vomited into his mask, which he was unable to remove during the struggle and once restrained. In addition to the vomit inside Mr. McClain'’s mask, Mr. McClain vomited repeatedly while being restrained on his side. Gurgling sounds by Mr. McClain were audible in body-worn camera video footage. Medical evidence indicated that this was evidence of potential aspiration while he was restrained. Mr. McClain's breathing further indicated he had hypoxia? following the police restraint and use of the carotid control hold. Medical evidence also conveyed that Mr. McClain was in a hypoxemic state with decreased cerebral oxygenation. Finally, Mr. McClain suffered from metabolic acidosis from the physical struggle with police. Hypoxia, hypoxemia? and metabolic acidosis, all constitute serious bodily injury. Individually and collectively, they pose a substantial risk of death or a substantial risk of protracted loss or impairment of the function of any part or organ of the body. [MORE]

On the same day when McClain died, Adams County District Attorney Dave Young [racist suspect servant of white authority in photo] found no criminal actions by Aurora police during his investigation into the death of Elijah McClain. Dave Young, in a letter dated Friday to Aurora Police Chief Nick Metz, said: “From the officers’ perception, it went from an investigatory stop to a potential life-threatening incident, and it certainly raised the officers’ use of force.

According to a letter released by the 17th Judicial District Attorney’s Office Friday evening. “Applying the facts of this incident, to the applicable Colorado law, the evidence does not support the filing of any state criminal charges against the involved officers for the unfortunate and tragic death of Mr. McClain.” [MORE]

Two years after McClain’s death, the three police officers and two paramedics were indicted by a grand jury on 32 counts, including manslaughter.