Jury convicts one officer in connection with Elijah McClain's death
A jury in Adams County, Colorado, has found Randy Roedema guilty of criminally negligent homicide and assault in the third degree in the death of 23-year-old Elijah McClain.
Roedema and Jason Rosenblatt were the two officers first tried in connection to McClain's death.
Rosenblatt was found not guilty on charges of reckless manslaughter, assault in the second degree and criminally negligent homicide.
The two men, along with Officer Nathan Woodyard, who was first on the scene, and two paramedics, pleaded not guilty. The trial of Roedema and Rosenblatt lasted almost a month, with opening arguments starting on Sept. 20.
The prosecution argued that the two officers violated department protocol by using excessive force against McClain. Prosecutor Jonathan Bunge argued that the two men failed to deescalate the situation.
"When Elijah is on the ground handcuffed, he's saying over and over and over again, 'I can't breathe. Please help me,'" said Bunge during opening arguments, adding that McClain vomited after the chokehold and was drowning in vomit.
"There was no doubt that there was forcible restraint and heard the testimony from Dr. Beuther who said that ketamine is a sedative, but when someone is in respiratory distress they are at greater risk," said Special Assistant Attorney General Duane Lyons during closing arguments.
The defense argued that the officers followed their department policies and training, instead blaming McClain's death on the EMTs who later arrived at the scene and gave McClain a shot of ketamine. The EMTs also claimed they were following department protocol at the time.
"There's little doubt that this case is a tragedy. But if you take the emotion out of this case, which is what you must do, the [prosecution falls] woefully short," said Don Sisson, Officer Roedema's attorney, during closing arguments. "They cannot prove Randy's actions or inactions were criminal in any way."
MORE: Officers, paramedics plead not guilty in connection with death of Elijah McClain
McClain died after being stopped by police on his way home from a convenience store in August 2019. A passerby called 911 to report McClain as acting "sketchy" with a ski mask on; however, the caller said there was no weapon and that no one was in danger at the time.
In police body camera footage, McClain can be heard saying, "I have a right to where I am going."
One of the officers told McClain he had a right to stop him because he was "being suspicious."
Woodyard then placed McClain in a carotid hold and all three officers moved McClain by force to the grass and restrained him. McClain can be heard pleading with officers in body cam footage, saying he can't breathe correctly.
When EMTs arrived at the scene, McClain was given a shot of 500 milligrams of ketamine for "rapid tranquilization in order to minimize time struggling," according to department policy, and was loaded into an ambulance where he had a heart attack, according to investigators.
McClain's cause of death, which was previously listed as "undetermined," was listed in the amended report as "complications of ketamine administration following forcible restraint." The manner of death remained listed as "undetermined" as it was in the initial report.
The EMTs at the scene, Jeremy Cooper and Lt. Peter Cichuniec, will be tried together at a later date in connection with McClain's death.
Woodyard will be tried will be tried separately because he was first on the scene and applied the hold, according to a court order.