Gov. Polis appoints special prosecutor for Elijah McClain investigation

DENVER, Colo. (KRDO) -- Governor Jared Polis has appointed Phil Weiser, the attorney general of Colorado, as the special prosecutor for an investigation into Elijah McClain's death.

Polis signed the executive order Thursday that would allow Weiser to investigate and, if the facts support prosecution, criminally prosecute any individuals who caused the death of the 23-year-old from Denver.

McClain was an African-American adult who died after a struggle with Aurora police officers in August of 2019. Someone had called to report a suspicious person walking down the street wearing a mask and waving their arms.

Three officers approached McClain on the 1900 block of Billings Street and placed their hands on him. McClain resisted the officers' contact and said he had a right to walk down the streets. The interaction quickly grew violent with one of the officers using a carotid pressure hold before handcuffing McClain.

McClain repeatedly vomited before paramedics arrived and injected him with ketamine for sedation. McClain went into cardiac arrest on the way to the hospital. His family took him off life support a week later when he was declared brain dead.

All of the officers involved were cleared of wrong-doing. Yet recent Black Lives Matter protests and outcry on social media has reignited call for a second investigation into McClain's death.

“I was moved by speaking with Elijah’s mother and her description of her son as a responsible and curious child who became a vegetarian to be healthier, and who could inspire the darkest soul," Polis said. "His friends describe him as a gentle peacemaker who worked as a massage therapist and enjoyed playing the violin. 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 recently signed a bipartisan bill that is bringing changes to policing policies, including the banning of chokeholds or moves that apply any pressure to the neck or throat that would prevent breathing.

“Now more than ever, we must do everything within our power to foster public trust and confidence in law enforcement and the criminal justice system," Polis said in a statement. "That’s why I have appointed a special prosecutor to investigate this case, and it’s why earlier this month we took a step in the right direction by signing sweeping bipartisan police reform legislation into law that has now established significant new accountability for officer-involved killings."

“As a father, my heart breaks for the McClain family. All Coloradans should be safe walking home from the convenience store, or just being in their own neighborhoods listening to headphones. Unfortunately, I know that is not how many people -- especially young people of color -- feel in our state today, because I’ve heard it from them directly. We need to do a better job, and at a bare minimum they deserve a thorough review of the case,” said Governor Polis.