Colorado Governor Orders New Probe Into Elijah McClain’s Death

Colorado Governor Jared Polis confirmed Thursday that he has instructed the state’s top prosecutor to open a new probe into the death of Elijah McClain, a 23-year-old Black man who died in police custody in Aurora last year. McClain’s case is one of several involving Black people dying at the hands of police that is finding renewed attention in the wake of George Floyd and Breonna Taylor‘s killings — deaths that have led to widespread protests and outrage.

Polis said he’s heard the outcry over the case and that public confidence in law enforcement is “incredibly important now more than ever.”

“Elijah McClain should be alive today, and we owe it to his family to take this step and elevate the pursuit of justice in his name to a statewide concern,” Polis said in a statement Thursday.

Polis also said he “signed an Executive Order designating Attorney General Phil Weiser to investigate and, if the facts support prosecution, criminally prosecute any individuals whose actions caused the death of Elijah McClain.”

Mari Newman, an attorney for the McClain family, says that the family is grateful for the attention the case is now getting, but notes that they were asking for justice months ago.

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“Black men and women are killed by law enforcement in this country more often than any of us would like to ever admit and it shouldn’t require public outrage for people to get justice,” Newman tells TIME. “The family and I called for an independent investigation last fall and all we heard was crickets.”

Newman says McClain was “a joy for everybody who knew him” and that the family continues to carry horrifying grief.

On August 24th, 2019, McClain was walking home from a corner store while listening to music and wearing a ski mask. According to Newman, McClain was waving his hands and dancing as he walked.

He was stopped by three white officers after someone called police to report a “suspicious person,” according to a statement from the Aurora Police Department and body camera footage released by the department.

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