The Sunday Story: The Life And Death Of Elijah McClain
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Am a sarasi, and this is a sunday story. On the night of August twenty four of twenty nine, a twenty three year old black man, ali mclain m, was walking home from a convenient store in a rural colorado, a suburb of denver, a passer by called nine one one, saying he looked sketchy. Police officers quickly arrived on the scene.

What we know is that there was a struggle. The police put elia into a corroded so cold when paramedics arrived. They injected elia with the hydrous of kadee to to do him.

E liger lost his polls on the way to the hospital. He had a cardiac arrest. Elia died several days later. Some of this confrontation was documented in buddy camp footage released months after allies his death. Auras police chief emphasize that what happened that night was a necessary use of force, but during the protest in twenty twenty, after the death of George floyd, a ligious case received renewed attention. One big reason for this is that tilted his mother, che mclin, had been tirelessly demanding justice for her side.

They didn't try to save as like they did everything. They could tarp him to, hurt him to, brutalize him to terrorize. And they discover .

in that now, more than four years after allegest death, three police officers and two paramedics involved are facing criminal charges. Thirty two counts in total. The first trial for two of the officers is now underway.

The just have returned to the courtroom.

Please be seated. The charges include reclast manslaughter, criminally negligent homicide, and all five have pleaded IT not guilty among goes in the courtroom with colorado public radios justice reporter Allison Sherry SHE has followed the case for the last three years and SHE holders a new audio documentation unpacking the time line that LED to this trial and the ways eligible legacy has made an impact on policing in colorado today.

On the sunday story will play an except of the documentation, the life and death of alia machine, a warning. This story includes graphic descriptions of violence in sounds from body cameras warned by police officers. Here's election sharing.

Allison mclean was a son, a brother, a healer and musician. Now his ashes are about shelf in his motion's house, surrounded by his pictures.

allege he comes by still, you know, he's just in a different form. He's a spirit. Instead of a human.

You feel him so well, totally, I totally fail. Talk to him? I sure do. Yeah, I talked to him, you know, sometimes while I sleep, the tevil turnout. And let me know that he stopped by you, stopped by to see how we are.

A liza was like that, always thinking about how other people might be feeling. His mom, chinee, has been fighting for justice in his death for four years, and she's had to lean on his spirit to be able to do IT. Shane mclin raised a lisa without his dad being around much.

He was the second oldest of her six kids. They grew up without a lot of money. Shane had a series of different jobs, including driving for lift.

They moved around a lot and sometimes stayed in motels. He was known for his kindness and extreme empathy. Also, he was curious.

You may know that he played the violin. He had himself how to play and the guitar too. He kept discovering new things, but ashine describes that school wasn't really working for him. He wasn't teaching him enough. He decided to drop out.

So after a leader .

dropped out at day to seventeen, he started reading more. He became more interested in learning. He got a job at little sister pizza, and he was working there.

And when he turned in eighteen, he got his ud. As soon as he got his ud, he enrolled into the more school massah h therapy. And instead of him finishing in twelve months, he finished in seven.

He decided on massage therapy because he was good with his hands. And he had been when he was a child. We were going to church, and our bishop had actually proper sight about his hands.

He said he had healing hands. SHE said, look at his hands. They looked like he play the piano.

And I was like, okay, that's true. He had so many people that would repeat customers as well. Such therapies you want to give back to people, teach them how to help, didn't heal themselves.

IT wasn't just people that Alice had cared about. He took his musical instruments to animal shelters and played his violence to cats and dogs on his lunch hours because he thought they were lonely. IT was, clearly, I thought differently about the world.

I'm alison Sherry. I covered the justice speed, and i've been reporting on the aftermath of allegest death, the twists and turns that brought us here to this moment. IT has been four long years for his family, who've sought justice since police approached a liza when he was on a peaceful walk home late at night on August twenty nineteen.

You've probably read about this case or heard IT on the news. You may have even seen body comforted from that night. After the police forcibly stopped him, first responders took alisa to the hospital.

But for those closest to alisa for his motion, nee, details about what happened were not immediately available. They came out slowly and excruciatingly. So i'm going to start with shane.

On the morning of August twenty fifth twenty nineteen, shane was contacted by police. SHE was living at a hotel at the time. Sh'd been evicted recently because he didn't have enough money to pay the rat.

I was at the hotel of one of the children. I was there with my Youngest son, daughter and my Youngest son. And the police were added in about coming to where I was. They wouldn't give me any information about what had happened to the larger, and I thought that was real. I thought that was real discouraging, that mean that there was something secretive going out.

So they came to the hotel that I was add, and they put me in one police vehicle, and they put my two children another police vehicle, and there was a police, or the victim advocate was there also. And when we got to the hospital, I was still took another hour or sol for them to let me see a IT. And their explanation was that they needed to have a conference so that they can get everybody together and and talk about what to happen. Til did they .

tell you anything .

to tell me anything? They just, they were. They were mums, the world, you know, there was nothing that they would literally disclose to me that prepared me for what I saw when I went till, like his hospital room.

And when we went to his hospital room, he was hooked up to all kinds machines. His eyes was closed and he wasn't breath on his own. He was hooked up.

They had his body wrapped in a bubble rap. They had his his middle torso wrapped in bubble rap. And I found out later that that was when they were. They knew there about a donate organs.

donating organs with something eliza had elected on his driver's license. Shane said there for days, the police presence was big the whole time, but they didn't tell her much about what happened.

There was a nurse that was really nice. He was really nice and informative. Let me know that I have a habit, inject the academy. And that's when I started my research about IT and found out that IT was a horse tranquilizer and that IT could be used as a Debra drug, all kinds, other things, under the scope of cademy. And, you know, I hit things was like, why would I give my son academy?

The police asked, string some confusing things in the hospital.

The whole time that they were asking me questions, they kept in anyway and that he was all like for, they asked me, was he, had you ever done drugs? I said, no, he wasn't that kind of person. He was a massage therapies.

He kept his body clean. He was a vegetarian. I think IT was like, maybe two or three months later, once we saw the video, IT confirmed of my fears that they had jumped my son.

You're listening to the Sunny story will be right back.

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We're back with the sunday story with colorado public radio justice reporter Allison Sherry .

on August twenty seventh, three days after the police staff him on the street. Elisa mclaren died in the weeks after shane held vigils for her son in a field across the street from where the police had stopped them. IT was dusty and loud, with traffic growing by along a highway above.

He went to a dollar tree and but solar lights and plastic flowers, SHE had a liza's body cremated. The aura police put out a statement about the encounter with a ligia mccane two days after that happened while he was still in the hospital, as they done with gene. The police statement puts a lot of emphasis on the liz's actions.

He resisted contact. He acted agitated. The police statement doesn't attribute any specific action to the officers.

It's all stated passively. A struggle ensued, IT says. Eliza was taken into custody. Police chief nick mez kept telling the public that the force officers used on machine and the administration of kadee was necessary. He made IT sound like a legia.

Caine was a big guy who was acting violently and needed to be sedated. But the list was a small guy, only one hundred and forty pounds, and his friends and family knew him as a gentle person. Still, the city government deferred to chief mats, and the story didn't really get questioned except by alysia s family.

But if someone dies in custody that Sparks an outside investigation, a group of investigators started reviewing what happened. The police use that as the reason not to immediately release the body camera footage. So for months the public had no video to look at, even though the police acknowledged right away, but the footage existed.

IT made IT hard for anyone to get answers for allegest death. Some people tried. A group of community activists held small protests, the ora newspaper reported.

They also showed up to city council meetings trying to get more information. About two and a half months after he died, the coroner released the autopsy. IT noted he weighed one hundred and forty pounds, about sixty pounds less than the paramedics sunshine e, who administered academy, had estimated.

The autopsy also noted that a lisa had a scat mustache and a few hairs on his chin. IT noted he had pierce ears and good teeth. He had chronic asma as to what killed him, the pathologist notes that alysia violently struggled with the police officers, and that officers put him in a chocolat.

In the last paragraph, he runs through several options for the cause of death, the pathologist rights that the manner of death may have been an accident. He goes on IT may have been, quote, natural because of algiers, intense physical exertion and the struggle with the officers, combined with an unusually narrow artery sending blood to his heart. The pathologist says IT may be a homicide if the actions of the officers LED to his death.

But he concludes, based on his review, he cannot determine which matter of death is most likely. This finding was devastating for religious mom, because the corners not putting any blame on anyone. For ali, his death, the lack of homicide finding in this original autopsy was a key factor in whether anyone would face criminal responsibility.

First of all, thank you for being here this evening. And nick mets, chief of police with you, a police department.

A couple of weeks after the autopsy was released, aurora police invited reporters to a press conference on a friday night just before thanksgiving chief match start at opinion. IT had now been three months since alza died. I think .

it's really important to first say that on behalf of the women in the men of the aura police department, that we first want to extend our sincere condolences to a large mclaren's family. And we he shared .

the body camera footage so everybody can finally see IT. What IT shows reveals how deeply the policy story about what happened that night was incomplete and misleading. The footage shows the final moments when alysia was free and alive. He was peacefully walking home, minding his own business on a sidewalk in front of an apartment building, headphones on, stinging a away plastic bag with S, T.

and a stop right there. Stop, stop, stop, stop. I will. right? Stuff you because you're being suspicious and turn.

Then the officers put their hands on him almost immediately within the .

first nine seconds of reaching the boundaries that. I'm going home and i'm going to. Go .

of me. The footage is traumatic to listen to anta sy, so i'm not going to play anymore of IT here, but i'll describe some of what's going on. You can hear an officer accused of elia of reaching for one of their guns, though even at the time, the other officers weren't sure which gun he was supposedly reaching for.

They restrain his arms and push him against a wall. They crank his shoulder back until IT pop several times. They put him in a karada chocolate, and he briefly passes out.

He throws up a few times into the mask, but his arms are in handcuffs, so he can't take IT off. He repeatedly cries. He tells the officers he can't breathe.

He pleaded with them that he's just going home. My name is a ligia mccane, he says, and i'm just going home. He is sobbing.

Officers keep telling him to relax, to chill. He continues to cry. I'm an introvert and i'm just different.

He says, I have no gun. He cries, I don't do that stuff. I don't do any fighting.

The officers talked to each other about a life as super strength, and the holds are going to use to restrain him. They also declare their intention to give him kaine before the medical professionals. The paramedics even arrive while he's on the ground with an officer leaning on him.

And several more gathered around the paramedics administer the extra large dose of cademy into his shoulder. At one point on the buddy camera, you can hear an officer threatened to bring out a dog. That's the one part of this whole thing that the aurora police readily apologized for pretty soon after he became public.

A lot of a confrontation is hard to make out in the video, but what you can see clearly is the moment paramedics tell the officers on the scene that allega lost his pulse in the ambuLance, the officers looked shocked at the press conference right after they show the video. Chief match announced that the district tourney has decided not to charge the officers involved in ale's death. The district tourney, dave yang doesn't speak that he only submitted a written letter.

IT says there's not enough evidence to prove beyond a reasonable doubt that anyone committed a crime that LED to allegest death. IT says specifically that since the autopsy doesn't determine a cause of death, he'd have trouble convincing the jury IT was a homicide case closed. The three officers .

that were involved were placed on administrative leave, and that is our policy. Each officer then goes through a real integration program. They are designed this is designed to promote healthy return to duty. All the officers involved, officers have since returned to duty.

and the officers had been paid during the sleeve. Within three months civilizers death, they had returned to duty. Chief mets took questions from reporters.

how do you feel the offers handle this? Was this. Do you think this was the best handling of the situation as the chief?

I I think, I think there were. I overall, the officers did a good job. I think the officers overall, you know, you heard the conversations with them, I think over all, the authors were trying to calm, allege IT down. I think in every single situation.

he tells the reporters that he asked ky ranking people in the police department to review how the officers acted, to see if they think the officers said anything wrong. A few months later, in early twenty twenty, that review board put out its findings, IT said. The officers acted consistently with their training.

They did the right thing, the board said by this time before, any real scrutiny had come down on the police department chief nick mets had retired. He told the then proposed he'd been, quote, fortunate to run his agency without a lot of inner ference. The newspaper said matt retired on his own terms. So how did we go from there to now where officers and paramedics are facing criminal charges that they kill the way claim and the culture of there? A police department itself is also on trial.

You're listening to the sunday story. I'm I sarasi stay with us.

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In the spring of twenty twenty, outrage about all the black men and women who'd been killed and brutalized by police around the country boiled over. The public demanded news coverage and accountability for these actions in the wake of George floyd murder in minnesota. One of these protests happened on a really warm late spring day in downtown denver.

Crowds of people were chanting and walking from civic center at cal fax. seven. We were in the middle of the pandemic.

IT was a saturday, and I was there talking to people. Mostly I wanted to hear about their experiences or perceptions of police. IT was one of the many protests that we're happening at the time in denver, andora.

While I was walking with people, I saw mary newman. She's a civil rights lawyer, kind of fairy with a head full of curly red hair. SHE said.

You need to do more stories about the local George floyd in colorado, specifically abolition claim. SHE said his colorado George floyd, his family had been grieving and demanding answers for almost a year. The city in the news media had not focused on the liza's death here at colorado public radio.

We hadn't reported on IT much at all. Following a high profile shooting that same summer, we decided to do a big investigation on incidents where police had shot people. Because eliza wasn't shot, he wasn't included in our investigation.

But then the big and sustained protests meant people started paying more attention to what happened to allia. And that included me. Shane didn't go to a lot of the protests. SHE preferred other ways about dicing for her son. But on june second, outside the state capital, SHE, was .

there large, the claims mall? A large is a native of colorful. Can I tell you how much you hurt me to see you rally for somebody in another state? 我 not。 I'm appreciate that you guys around here now, maybe you guys to last year, but he is still 那个那个。

After nearly a year of being ignored and the case essentially being closed in aora, alleger mclain e's death got worldwide attention. Shane would meet bryon a Taylor's family. SHE was killed by police in kentucky after they botched a RAID on her apartment.

The families united in their quest to get justice for their kids and to change policing. One of the biggest sport stars in the world at the time, naomi o. Sacca, put alli's name on a face mask SHE wore at the U.

S. Open during the tournament. Osc ca, who has a japanese mother and haien american father, dunned seven masks, each bearing the name of a black person who was killed. Briona Taylor, ali mclean, AMD arbery, travon Martin, George floyd.

philaner cust. The point is to make people start talking.

Osaka won the tournament, attracting more attention to allege a story. Artists from across the country and other parts of the world made tributes to alesia. And here in aora there was a special kind of vigil, a grammy nominated violence.

st. Flew to colorado from the east coast, along with a friend. He invited people to play a largest chosen instrument out in a field with police choppers circling overhead.

IT wasn't just the protest and remembrances. Five million people signed a changed out orchids. Tian, demanding justice for alisa, calls, emails, handwritten letters started pouring in toria from around the world to anyone in elected office to get justice for a ligia cline's death.

At some points, they come in at a rate of one every eight to fifteen seconds.

Definite Michael sa represents Laura in the statehouse.

Quite Frankly, the outpouring here, not one single issue, has brought me more emails than specifically alliance macie. In the entire time i've served in the legislature, I look at what's happening as that tipping point for the change that we need.

IT absolutely was a tipping point. Quickly, a bill to strengthen accountability for police in a bunch of fundamental ways became the top priority for legislators. IT wasn't just the Opera overlies his death that spurred IT as lawmaker SAT in session, instances of bad policing were happening right out in front of the capital building when police fired chemical weapons and rubber munnion into peaceful protests.

IT all LED to one major piece of legislation. IT happened fast. And IT included a few reforms that activists had been pushing for for years, rights that people in the community thought they shouldn't have to fight for.

The legislation require body cameras. IT put limits on using force, including banning cocos, among other things. IT makes IT easier for people to sue police if their rights are violated.

Colorado became the first state in the country to tackle wholesale police accountability reform in the wake of George floyd murder. IT was extraordinary to see a lot of republicans, in addition to democrats, support these changes. State representative lesly heard was the main person .

behind this bill. Too often we had just seen officers who had acted harmfully in our community, just walk away, got free and that just shouldn't happen. Or they resign from one agency and then went to work at another one. That's another thing that the bill does is that make sure that these officers can work in colorado as a laender cement officer again.

In addition to the news law, there was a pretty big shift among prosecutors on holding officers accountable. District turney were way more willing to charge officers for misconduct, whether IT was shooting and killing someone using excessive force or fAiling to intervene when another officer was out of line, they were taking misconduct to grand juries.

I hadn't ever seen as many law enforcement officers in court as defendants as frequently as I started to them. But for people like genuine, who was watching all this as an advocate, this cultural shift was Better. Sweet.

you know, it's crazy. Think that all the laws that shall have been in place had to like to have to lose his life in order them to be in placed. It's hard to think that the amount of humanity that we have to each other we don't have enough of. And he told something else happens till something else bad happens. There's all these policies that are being changed, but there's two police officers .

that are doing the wrong thing. And none of those changes, both culturally and an actual law, directly address the liz's death and whether anyone would be held accountable for IT. So at the end of june twenty twenty, amid the protests, governor jared police decided to reopen the case.

He gave the state tourney general film wiser the unprecedented power to investigate and prosecute officers and paramedics involved in allegiant claimant's death. IT was an unheard of move from the state's highest elected official, IT signal that the outrage journalist of claims behalf change the minds of people who had the power to do something. Just over a year later, wiser announced in statements after .

careful and thoughtful ful deliberation, the grand jury returned a thirty two count in direct against aurora police officers Randy I rode ma and Nathan, wyo. Former aura police officer Jason rosen, black andora fire rescue paramedic jeremey Cooper and Peter jeconiah for their alleged conduct on the night of August twenty fourth twenty nine that resulted in the death of mr. mccain.

Five men with their hands on alisa that night are charged with felonies, manslaughter and criminally negligent homicide. All but one of them are also charged with assault. Shine had long hope that they would all go to prison. When he heard about the charges, SHE was.

i'm shocked at the amount of counts and honestly and i'm happy um for my sons just SHE said SHE was grateful .

for what attorney general film wiser had done like .

everyone on his team, everyone at the grand jy that said, I do all that information on that evidence and wash the videos over and over again. I appreciate I appreciate them tremendously.

During the grand jury's deliberations, where they ultimately decided to charge the officers and paramedics, there was a key change from what we'd known about this case. I got a tip lush year that allege mcclean autopsy had been amended during the gRandy investigation, which is Normally very secretive as a news organization.

C, P, R requested that new autopsy, but the adam county coroner said IT was part of the investigative file of this case and SHE wasn't going to release IT, so colour out a public radio suit her, the Adams county coroner, and we ultimately won that case. SHE gave us the autos y, and that's when we found out the autopsy was changed from an undetermined cause of death to death by Adeline. Earlier this year, all of the officers and paramedics pleaded did not guilty to the charges of manslaughter, homicide and assault.

In court hearings leading up to this, all five defendants had already begun to point fingers at each other. The officers blamed the paramedics since officially a lisa died from kaine, the paramedics were last on the scene, and they were told to give IT to him. Alisa had already been beaten up when they got there.

The prosecutors will say if IT wasn't for all five of them and their individual behaviors, alisa would still be alive. But the legal responsibility for eliza's death isn't all. It's on trial beyond the laws the officers in paramedic allegedly broke.

Independent investigators found mistakes they made basically from the moment they came in contact with alisa. And those mistakes were symptoms of huge problems inside the ora police department. Just a couple weeks after the grand jy formally charged officers in paramedics in alysia death, the attorney general spoke again. He said the aura police department had done the same kinds of things repeatedly and systematically for years.

Our investigation included extensive data analysis and direct observation.

The attorney general office had done a quote patterns and practices investigation, which was the first of its kind of colorado laser, was given the authority by the law that passed in the height of the protest in summer twenty twenty.

We attended over nine months of weekly force review board meetings, and we observed how aora evaluates the conduct of its officers.

They wrote along with officers, read thousands of reports and interviewed residents and people in law enforcement. The conclusion, wiser said, was clear.

Specifically, we found that the world police has a pattern and practice of racially biased policing, treating people of color and black visuals, in particular, differently from their White counterparts. Second, aura police has a pattern and practice of using excessive force. We observed officers using force to take people to the ground without first giving them adequate time to respond.

The findings read like a playbook for how officers handled their encounter with a legia claim, including how they use kadee to subdue him.

Our investigators observed a consistent pattern of illegal cademy administration.

Wiser went on. Aurora police had not meaningfully reviewed officers use of force, and they did not get rid of the officers who violate their own policies or the law. Those are some of the reasons this kind of misconduct had festered for so long.

For the first time, the state dissected the practices of a specific police department. IT also set out a road map to make things Better. Aura agreed to five years of oversight to improve its policing. All of this appeared to marko water shed moment for policing in colleran o but the attorney general revelations about a rarely track record. We're not surprising at all to a community that had tried to draw attention to the race policing going on there.

Field did not present anything that he didn't not know, that we did not know that the officers of award police department did not know what he did. That was actually put some teeth into .

what hushing cotes. As a political strategist and community activist, he heard warnings about police when he was Young. Growing up in northeast standard.

A ROI has always been that scary place. I remember when I was sixteen, getting my license. Do not drive A, A, if you go to really be careful.

you right now, as a resident of a rora, he's not seeing the changes in policing. You might expect the state's oversight and the new laws for police conduct aren't adding .

up for a shame. Change years of culture in three years, two years.

he says, yes. Officers are sometimes facing charges now, like two years after alisa died, when a Laura police beat up and strangled the black man who was just sitting on the ground talking to some other guys, those officers faced criminal consequences and no longer work at .

the police department. So police union different, the policy is different. The policy .

been different.

He wouldn't traumatized .

how much the police in aura actually changed their culture. And their behaviour comes down to who is driving that change and whether they'll truly make community trust and safety their top priority. Yes, the attorney general has legal authority to keep pushing the aura police department to be Better, but someone actually has to make the change happen.

When the attorney general phil wiser, made this announcement and unveiled these findings, a rar had a police chief who said he was open to them, but less than a year later, he got fired. He was let go explicit because the city manager said he didn't have the trust of officers because they say SHE spent too much time out of the office talking to the community arrows. Current interm police chief is art osage ado. He's LED a lot of big city police departments around the country, and he came in talking about reform.

Our department is Better then the critics would have you believe. But as certainly isn't perfect, which was some may want to think, IT is a department that we don't need to be torn down and rebuilt. We've got good bones here, right? This isn't natteral.

He says he wants to make a Better. He insists most officers in aura wants some of the same things that their biggest critics do. They want good policing.

They want people to be held accountable, and they want to make sure that we're consistent expectations, consistent in the way we treat people when they fall short.

China claim has continued her fight for accountants for a lige's death. SHE and other family sued aora. The city agreed to pay what was one of the largest known settlements, police violence in the history of the state, fifteen million dollars that day in november twenty twenty one, we talked to shining on a cell phone, SHE said.

SHE felt, num. SHE told me, I wish a lisa was here now and I didn't have the pile of money. But SHE said what the settlement communicated is that aurora was accountable for her son's death.

SHE needs said sh'll never live in a Laura again. She's in denver now. For her, true justice goes beyond criminal responsibility. In the way is .

death moving forward, I want all the laws to be changed so that IT doesn't happen to anybody anymore, not just install out a bit all around the world. As his mom, this is going to be my, my mission for the rest of my life. Some people get to walk away from IT, like is a job. Some people get to turn the page, like it's another news, news article. But this is something that is my mission as his to fight for a largest justice.

The trials for officers and paramedics are expected to continue through the end of the year. So far, sHennan has been sitting in court alone next to lawyers and reporters, hearing in vivid detail about the last moments her son was alive.

That was colorado public radio justice reporter Alice Sherry. The full version of this audio documentation is in the podcast colorado in death, available wherever you get to your podcast. IT was produced and edited by Rachel estabrook with mixing and sound designed by Emily Williams, thanks to Kevin dal shaki, a wedge worth hallowe'en and brad Turner to stay updated on the trials, go to C.

P. R. That work. This episode of the sunday story was produced by Justin yan and edited by genie mdt, audio engineering by john music from audio network first calm music blue, that sessions and routine are a blue leana symptom is our supervising producer, and ironing the gucci is our executive producer. Am I jaso at first, will be back tomorrow with all the news, you need to start a week. Until then, have a great rest of your week.

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