On August 24, 2019, 23-year-old McClain was put into a chokehold by police officers who stopped him on on a street in Aurora, Colorado after receiving a call of a “suspicious man” wearing a ski mask.
“According to Elijah’s family, Elijah, who was anemic, preferred to wear a ski mask to keep his face warm while he was walking,” the petition said. McClain was “walking home after buying some tea at a local convenience store” when the incident occurred.
In over three-hours’ worth of body camera footage, McClain is seen laying on the ground vomiting and begging for the officers to stop using force as seven other officers stand by. One of the officers can be heard threatening McClain during the arrest, saying: “If you keep messing around, I’m going to bring my dog out and he’s going to dog bite you.”
First responders, who arrived on the scene, injected McClain with ketamine to “sedate” him. McClain suffered a heart attack on the way to the hospital and was declared brain dead three days later.
The Change.org petition called for a “more in-depth investigation” to be conducted into his death and for the officers involved to be taken “off duty” by the Aurora Police Department. The petition noted that the three officers were placed on temporary leave but have been let back into the field without any charges.
While the incident occurred almost a year ago, McClain’s death has recently garnered national attention following the death of George Floyd that sparked weeks-long protests over racial issues in America.
The family’s attorney, Mari Newman, told Newsweek that while it’s been “very uplifting” for the McClain family to see such overwhelming support, “what’s disappointing is that it shouldn’t take 3 million signatures and it shouldn’t take international media attention for there to be an investigation when law enforcement kills an innocent Black man.”
The autopsy conducted by the Adams County corner ruled the cause of death “undetermined.” According to Denver 7 News, the report stated: “Most likely the decedent’s physical exertion contributed to death. It is unclear if the officer’s action contributed as well.”
Newman called the autopsy “absolutely ridiculous,” noting that the coroner failed to mention McClain was a healthy young man.
On Thursday, Colorado Governor Jared Polis ordered prosecutors to reopen an investigation into McClain’s death.
“Elijah McClain should be alive today, and we owe it to his family to take this step and elevate the pursuit of justice in his name to a statewide concern,” Polis said in a statement.
Speaking about the governor’s executive order, Newman said, “It’s remarkable what has taken for this to happen,” but is hopeful justice will be brought to McClain and his family.
