WATCH: ‘They’re all going down,’ attorney representing Elijah McClain’s father reacts to indictment

Local News

DENVER (KDVR) — Wednesday morning, Attorney General Phil Weiser made an announcement on the multiple charges made against emergency personnel involved in the Elijah McClain case.

In August 2019, 23-year-old McClain was wearing a mask on his way to a convenient store when someone called 911 to report that he seemed suspicious. McClain often wore the mask while jogging, according to his family and friends.

The 23-year-old was placed in a carotid hold by Aurora officers and injected with ketamine by paramedics. McClain died six days after the incident.

With 32 counts included in the indictment, there’s much to unpack in this case. Human rights attorney David Lane, whose office represents McClain’s father LaWayne Mosely, interviewed with FOX31, giving his insight into the evolving case.

“No one has really got any evidence that these officers and paramedics intended to kill Elijah McClain. Manslaughter charges generally mean they were acting recklessly,” said Lane. “I think that’s an appropriate charge in this case.”

Lane predicts it will be officers versus paramedics in the trial, saying each agency will be pointing fingers at the other.

“It’ll be very interesting because the paramedics are going to say — and I’m projecting now — ‘It’s the police chokeholds that kill them’ and the police are possibly going to take the position that it was the ketamine that killed him.'”

Lane said this scenario of pointing fingers is a prosecutor’s dream. Lane continued, saying if the jury believes both the paramedics and the police officers working together recklessly, both agencies will be in trouble.

“They’re all going down,” said Lane

Lane said there will never be true justice in this case, because Elijah McClain is not coming back.

“But there may be some accountability here, and that is definitely a step in the right direction,” said Lane.

Watch the full interview above in the FOX31 NOW player.

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