Colorado AG opens grand jury investigation into death of Elijah McClain

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DENVER (KDVR) — Colorado’s Attorney General, Phil Weiser, announced Friday that the Attorney General’s Office has opened a grand jury investigation into the death of Elijah McClain.

“Under the Governor’s executive order, the Attorney General’s Office continues to conduct an independent investigation concerning the events of August 24, 2019, involving Elijah McClain and his subsequent death. We have now opened a grand jury investigation. The grand jury is an investigative tool that has the power to compel testimony from witnesses and require production of documents and other relevant information that would otherwise be unavailable.” according to an announcement from the AG’s Office Friday.

McClain, 23, died over a year ago after an altercation with three police officers and after being sedated with ketamine.

“Our investigation will be thorough, guided by the facts and law, and worthy of the public’s trust. In order to maintain the impartiality and integrity of the process, we have no further comment at this time.” shared the Attorney General’s Office Friday.

Mari Newman, attorney for the McClain family, released this statement following Weiser’s announcement of opening a grand jury investigation:

We are hopeful that the attorney general is truly committed to a thorough and impartial investigation, but there is no doubt that the video itself provides probable cause to believe that Aurora police and medics committed multiple crimes when they killed Elijah McClain. Prosecutors are not required to use a grand jury and don’t in most cases, so we are forced to question whether this is yet another example of law enforcement being held to a different standard than every other person being investigated for murder. Prosecutors have considerable influence in whether a grand jury recommends criminal charges. But the grand jury process is cloaked in secrecy, and unfortunately, prosecutors frequently use grand juries as a way to pass the buck, steering the grand jury to decline to bring charges, or to bring only minor charges. If the grand jury in Elijah McClain’s case doesn’t indict the officers and medics responsible for killing him, it will be because the attorney general’s office did not want charges to be brought. That would be a grave injustice.

The City of Aurora says the results of the independent Elijah McClain death investigation it commissioned will likely be presented in early February.

The city hired a team of three independent investigators during the summer to examine McClain’s August 2019 death and the actions by police, fire officials and paramedics.

Meanwhile, the city anticipates that the consulting group hired to help reform the police department, 21CP Solutions, will present a “late February” report analyzing hiring and recruitment practices at the Aurora Police Department.

The FOX31 Problem Solvers have done extensive investigations into McClain’s death.

Catch up with the investigation here:

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