DENVER — Colorado Attorney General Phil Weiser announced in a September 1 press conference that a grand jury returned a 32-count indictment against three Aurora police officers and two paramedics involved in the detainment and ensuing death of 23-year-old Elijah McClain two years ago.

“Our goal is to seek justice for Elijah McClain, for his family and friends, and for our state," Weiser said. "In so doing, we advance the rule of law and the commitment that everyone is accountable and equal under the law.”

All five defendants face charges of manslaughter and criminally negligent homicide. Two of the officers and both paramedics were indefinitely suspended without pay, which is consistent with the city of Aurora's policy for any time a civil service member is indicted on felony charges. The third police officer, identified as Jason Rosenblatt, was fired last year after he was found to have responded "ha ha" to a texted photo of police officers mimicking the neckhold that was used on McClain. 

“Make no mistake we recognize this case will be difficult to prosecute; these types of cases always are," Weiser said. He said that the grand jury returned the indictment Thursday, August 26, and that he told the McClain family and the targets of the investigation after that.

“Elijah McClain’s death was a tragedy and my thoughts are with his mother, father, friends, and family today. This innocent young man should be here today," Governor Polis said in a statement. "I thank Attorney General Phil Weiser and the members of the Grand Jury for their work to hold those responsible accountable. I continue to urge my fellow Coloradans to consider how we can work together to build a better future where everyone can be safe walking home and a Colorado for all.”

You can watch the attorney general's full press conference here.

Weiser’s announcement comes almost exactly two years after McClain’s death. On August 24, 2019, Aurora police officers received a call that night about a suspicious person walking down the street wearing a ski mask. Even though McClain was not suspected of a crime, the officers took him to the ground and put him in a now-banned carotid hold that limits blood flow to the brain, rendering a person unconscious.

When paramedics arrived on scene, they administered the sedative ketamine to McClain, though it was a much higher dose than was needed for a person McClain’s size. McClain had a heart attack on the way to the hospital. He was taken off life support August 30, 2019.

The officers and paramedics involved did not face charges thereafter. In a news release issued June 25, 2020, District Attorney Dave Young—who noted McClain’s death was “tragic and unnecessary”— said, “Based on the evidence and the law applicable at the time of Mr. McClain’s death, the prosecution cannot disprove the officers’ reasonable belief in the necessity to use force. Based on the facts and evidence of this investigation I cannot prove beyond a reasonable doubt that the officers involved in this incident were not justified in their actions based on what they knew at the time of this incident.”

The same day Young issued his statement, Polis appointed Weiser as a special prosecutor in the state’s investigation of McClain’s death to determine if the police officers and paramedics involved in the case should face criminal charges.

“Elijah McClain should be alive today,” Weiser said at the time. “His life mattered and his death was tragic. The pain, frustration, and anger that his family and many Coloradans are feeling from his death is understandable and justified. Whenever someone dies after an encounter with law enforcement, the community deserves a thorough investigation. Our investigation will be thorough, guided by the facts, and worthy of public trust and confidence in the criminal justice system.”

The Aurora Police Department’s force review board cleared the officers of wrongdoing after McClain’s death, but in February of 2021, investigators commissioned by City of Aurora concluded in a 157-page report that the investigation into McClain’s death “was flawed and failed to meaningfully develop a fulsome record.” However, the investigators added that “, it was not our charge to assess whether misconduct occurred; rather, our task was simply to report what we could learn from the record and make policy recommendations.”

This is a developing story and will be updated.

Kyle Cooke is the Digital Media Manager at Rocky Mountain PBS. You can reach him at kylecooke@rmpbs.org.

Amanda Horvath is a multimedia producer at Rocky Mountain PBS. You can reach her at amandahorvath@rmpbs.org.