Judge will not throw out Elijah McClain’s case
DENVER, Colo. (KRDO) -- ABC News stated that a Colorado Judge, Priscilla Loew an Adams County District Court Judge, found that there is sufficient evidence in the Elijan McClain case against the five former Aurora police officers and paramedics.
McClain, a 23-year-old died following an encounter with police in August 2019 while on his way home from a convenience store.
According to ABC News, a passerby had called 911 to report McClain as "sketchy," as he was wearing a ski mask on a warm night. McClain's lawyer later attributed this to the fact that McClain was anemic and often cold.
ABC News says that Aurora police responded and grabbed McClain using a carotid control hold, which led to McClain saying, "I can't breathe," and struggling against the police, according to police body camera footage.
When paramedics arrived, an "excessive" dose of ketamine was given, according to ABC News.
ABC News says that according to McCain's lawyer, McClain suffered from cardiac arrest shortly after the ketamine dose in an ambulance. McClain was pronounced dead three days later.
Officials say that the five defendants were indicted in McClain’s death in August 2021 on several charges, including manslaughter and criminally negligent homicide.
ABC News reports that lawyers representing the three officers and two paramedics asked Adams County District Court Judge Priscilla Loew to review the cases. They were arguing that there was not enough evidence to support the charges against their clients, according to court documents, says ABC News.
ABC News says that almost a year after the defendants were indicted by a grand jury on a combined 32 counts, including manslaughter and criminally negligent homicide, Loew announced on July 18, that the case would not be thrown out.
Loew said in her order that based upon the grand jury materials, “there is sufficient evidence to establish probable cause for each of the counts listed in the grand jury indictment filed with the court on Sept. 1, 2022.”
ABC News says that all five defendants will be in court for arraignment on August 12.
