Grand jury investigation opened into death of Elijah McClain

Nearly a year and a half following the death of Elijah McClain— and seven months after Colorado Gov. Jared Polis appointed a special prosecutor to reinvestigate the circumstances that led to McClain’s death — Colorado Attorney General Phil Weiser announced he will launch a grand jury investigation into McClain’s death.

Grand jury investigation into Elijah McClain’s death

“Under the Governor’s executive order, the Attorney General’s Office continues to conduct an independent investigation concerning the events of August 24, 2019 involving Elijah McClain and his subsequent death,” Weiser says in a statement.

“We have now opened a grand jury investigation. The grand jury is an investigative tool that has the power to compel testimony from witnesses and require production of documents and other relevant information that would otherwise be unavailable.”

“Our investigation will be thorough, guided by the facts and law, and worthy of the public’s trust. In order to maintain the impartiality and integrity of the process, we have no further comment at this time,” he added.

What happened to Elijah McClain?

McClain, 23, who suffered from anemia, was walking home from a local convenience store and wearing a ski mask to keep his face warm. After the Aurora Police Department received a call about a “suspicious man,” they physically apprehended McClain, who weighed just 140 pounds, with a chokehold and threatened to sic their K-9 on him.

“He is laying on the ground vomiting, he is begging, he is saying, ‘I can’t breathe.’ One of the officers says, ‘Don’t move again. If you move again, I’m calling in a dog to bite you,’” writes Mari Newman, the McClain family attorney, in a Change.org petition.

After struggling with officers for nearly 15 minutes and getting sedated with 500 milligrams of ketamine, McClain survived two heart attacks before he was pronounced brain dead on Aug. 30.

“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,” Gov. Polis said in a June 2020 statement, announcing a new investigation nearly a year after McClain’s death.

Fired and resignations

Three Aurora police officers — Erica Marrero, Kyle Dittrich, and Jason Rosenblatt — were fired and one resigned (Jaron Jones) after photos surfaced showing them mocking the death of McClain. However, none of the officers involved in the August 2019 incident, have been charged in connection with McClain’s death.