Attorney General to Head Investigation of Elijah McClain’s Death

Last August, police officers in Aurora, Colorado, approached 23-year-old Elijah McClain as he walked home from a convenience store. The Aurora Police Department later said that a 911 caller had reported a “suspicious person” in a ski mask, and that when officers confronted McClain—who was not armed and had not committed any kind of crime—he “resisted arrest.”

Colorado Governor Jared Polis signed an executive order to appoint the state’s attorney general, Phil Weiser, to investigate the case, and, if the facts support prosecution, “criminally prosecute any individuals whose actions caused the death of Elijah McClain.”

“I applaud Governor Polis’ decision to take action by appointing Attorney General Phil Weiser as a special prosecutor overseeing the Elijah McClain case. District Attorney Young has shown negligence in his role and has clearly demonstrated that he is incapable of carrying out justice for Elijah. Attorney General Phil Weiser is the top prosecutor in the state, and I am confident that he will bring swift justice for the McClain family,” says Rep. Leslie Herod.

“The cries for justice have gone unheard too long, but I am proud of Colorado for taking this step today. Walking home while black is not a crime and should never be a death sentence. No more excuses, it’s time to fire the officers and paramedics that were involved and prosecute them to the full extent of the law,” she continued.

Attorney General Phil Weiser released the following statement regarding the Governor’s executive order appointing him as a special prosecutor to investigate the death of Elijah McClain:

“As directed by the Governor’s executive order, the State will conduct an independent investigation into the tragic death of Elijah McClain, who died after being taken into custody by the Aurora Police Department in August 2019.

“Elijah McClain should be alive today. 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,” says Attorney General Weiser.

His mother, Sheneen McClain, describes her son as incredibly determined. “I thank God that he was my son because just him being born brought life into my world, you know what I mean?” she says. “I know he was giving life to other people too.”