AP

Colorado officials plead not guilty in Elijah McClain case

Jan 19, 2023, 7:34 PM | Updated: Jan 20, 2023, 6:02 pm

Aurora Police officer Nathan Woodyard, center, answers questions from Judge Mark Warner standing ne...

Aurora Police officer Nathan Woodyard, center, answers questions from Judge Mark Warner standing next to lawyers Andrew Ho, left, and Megan Downing, right, during an arraignment at the Adams County Justice Center in Brighton, Colo., on Friday, Jan. 20, 2023. Aurora Police officers Nathan Woodyard, Randy Roedema and former officer Jason Rosenblatt along with paramedics Jeremy Cooper and Lt. Peter Cichuniec were indicted by a Colorado state grand jury in 2021 on 32 combined accounts related to Elijah McClain's arrest and death in August 2019. (Andy Cross/The Denver Post via AP)

(Andy Cross/The Denver Post via AP)

BRIGHTON, Colo. (AP) — A group of police officers and paramedics pleaded not guilty Friday to charges stemming from the role they are accused of playing in the death of a 23-year-old Black man who was forcibly restrained and injected with a powerful sedative called ketamine.

They were indicted by a state grand jury on manslaughter, criminally negligent homicide and other charges in 2021. Two years earlier, Elijah McClain died after being stopped while walking down the street in the Denver suburb of Aurora. A 911 caller had reported a man who seemed “sketchy.”

An amended autopsy report released last year concluded that McClain would have most likely survived but for the administration of a dose of ketamine that was higher than recommended for someone his size. However, the manner of McClain’s death was still listed as undetermined, not a homicide.

McClain’s death fueled renewed scrutiny about the use of the ketamine and led Colorado’s health department to issue a rule limiting when emergency workers can use it.

Experts in emergency medicine say prosecutions of paramedics are rare. However, in Illinois, two paramedics who strapped a Black man facedown on a stretcher after police requested an ambulance last month have been charged with murder.

Police officers Randy Roedema, Nathan Woodyard and Jason Rosenblatt, and fire department paramedic Jeremy Cooper and Lt. Peter Cichuniec all pleaded not guilty during a hearing in the Denver suburb of Brighton. They did not speak during the hearing except to acknowledge that they understood their rights.

Family members and other supporters packed the small courtroom during a hearing that mainly consisted of setting dates for trials and discussing motions hearings. A judge decided to schedule three separate trials, the first of which is set to begin in July for officers Roedema and Rosenblatt. Another trial for Cooper and Cichuniec is scheduled for August. Woodyard’s trial is set for September.

A lawyer representing Woodyard, Megan Downing, declined to comment on the allegations, saying any defense she would offer would get into grand jury material, which remains sealed. Attorneys for the other defendants left court without making any comment.

A grand jury indicted them after Democratic Gov. Jared Polis ordered Attorney General Phil Weiser to open a criminal investigation into the case. There had been renewed national interest in McClain’s death as protesters rallied over the killing of George Floyd in 2020. In 2021, the city of Aurora agreed to settle a lawsuit brought by McClain’s parents for $15 million.

McClain, a massage therapist, was unarmed and had not been accused of committing any crime. According to the indictment, he was walking home from a grocery store in 2019 after buying iced tea wearing a ski mask, months before the pandemic made face coverings common. The encounter quickly escalated, with McClain initially losing consciousness after a chokehold was applied by police. McClain, whom relatives say wore the mask because anemia made him cold, complained he couldn’t breathe as three officers held him handcuffed on the ground, and he vomited several times.

Polis ordered the state investigation after a former district attorney said he could not file charges because an autopsy could not determine how McClain died. His death helped inspire a sweeping police accountability law in Colorado, a ban on chokeholds and restrictions on the use of the sedative ketamine.

The amended autopsy report released in September said McClain died as the result of complications of ketamine administration after being forcibly restrained. In it, Dr. Stephen Cina, a pathologist, said he could not rule out that changes in McClain’s blood chemistry, like an increase in lactic acid, due to his exertion while being restrained by police contributed to his death but concluded there was no evidence that injuries inflicted by police caused his death. The indictment said McClain had low oxygen and too much acid in his blood.

Family and friends described McClain as a gentle and kind introvert who volunteered to play his violin to comfort cats at an animal shelter. His pleading words captured on police body camera video — “I’m just different” — painfully underscored his apparent confusion at what was happening.

Copyright © The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

AP

Image: This photo provided by the Washington Department of Ecology shows a derailed BNSF train on t...

Associated Press

Judge orders BNSF to pay Washington tribe nearly $400M for trespassing with oil trains

BNSF Railway must pay the sum to a Native American tribe in Washington after it ran 100-car trains with crude oil on the tribe's reservation.

1 day ago

Photo: In this photo provided by Tieanna Joseph Cade, an amusement park ride is shown stuck with 30...

Associated Press

Crews rescue 28 people trapped upside down high on Oregon amusement park ride

Emergency crews in Oregon rescued 28 people after they were stuck dangling upside down high on a ride at a century-old amusement park.

1 day ago

juneteenth shooting texas...

Associated Press

2 killed and 6 wounded in shooting during a Juneteenth celebration in a Texas park

A shooting in a Texas park left two people dead and six wounded, including two children, on Saturday, authorities said.

2 days ago

Photo: Israeli soldiers drive a tank near the Israeli-Gaza border, in southern Israel, Wednesday, J...

Jack Jeffery, The Associated Press

8 Israeli soldiers killed in southern Gaza in deadliest attack on Israeli forces in months

An explosion in Gaza killed eight Israeli soldiers, the military said Saturday, making it the deadliest attack on Israeli forces in months.

3 days ago

Juanita Beach Kirkland...

Kathy McCormack and Nick Perry, The Associated Press

‘Tis the season for swimming and bacteria alerts in lakes, rivers

With summer about to start, many people flocking to their favorite swimming holes may also want to read up on bacteria warnings.

4 days ago

Image: Members of the Makah Indian tribe paddle away from the rising sun as they head from Neah Bay...

Associated Press

Washington’s Makah Tribe clears major hurdle toward resuming traditional whale hunts

The U.S. granted the Makah Indian Tribe a long-sought waiver that helps clear the way for its first sanctioned whale hunts since 1999.

5 days ago

Colorado officials plead not guilty in Elijah McClain case