Elijah McCain -- An Unnecessary Death
Creative Commons 2020
Before there was Ahmaud Arbery. Before there was Breonna Taylor. Before there was Dameon Shepard. And, before there was George Floyd there was an Elijah McClain. In August 2019, a young African American male, of no more than 150 pounds, was stopped by Aurora Police for being a “sketchy” person from a 911 call. The events that follow only confirms the treatment of African Americans even when the person is just walking home are fraught with danger. Sometimes viewed as comic punchline – “walking while black” – is rooted more in fact than fiction or myths.
As this author can testify, has had a number of encounters, when just walking home from work, from a night out singing Karaoke, or for simply a missed bus; or, failure to have front license plate etc. can get you stopped by the police.
So, it is not surprising that the Aurora Police Department tactics were from a place of authoritarianism rather than community service. The officers approach of Elijah McClain came from a place of paranoia rather than caution. The night of August 24, 2019, just after getting iced tea for his brother, from a local convenience store, Elijah McClain encounters the Aurora Police officers.
The officers had received a call from dispatch stating that a “sketchy person” wearing a “black ski mask” was acting weird. The caller informed the 911 dispatcher that he was not armed or threatening. Subsequently, when McClain didn’t initially hear the officers calling after him, because he had his earbuds in, and, the ski mask hid that fact, the police took it as he was ignoring them. Three officers bum rush him as he is walking, and, startle him—and he reacts accordingly. They keep yelling at him to relax and not tense up. The more they yelled, the more he tensed up. The officers abruptness and treatment of the young African American man put on display the unprofessionalism of these officers and illustrates their ill-suitedness to be public servants. One of the officers, as they approached Elijah McClain,
“I have a right to stop you, because you’re being suspicious.”
Walking down the street, on the sidewalk, with plastic shopping bag in hand, listening to music with earbuds in, only to realize then that he is spoken to by the officers as they rush him. And yes, he was wearing a black ski mask on, but was not a reason escalate the contact.
The young man asked to be respected. Instead of laying hands on him, which created a tense situation, and, escalation the officers should have taken a step back. This is especially true, once they had engaged in actual conversation. At the least, the belligerency gung-ho attitude should have been dialed back a notch. McClain states and then asks,
“I am an introvert. Please respect the boundaries that I am speaking.”
“Please respect the boundaries that I am speaking,” who speaks that way? Yet, this is what heard and seen on body cam video. I watched three hours plus of body cam footage released by the Aurora police. Some of it can only be seen through the lens of a fallen off body cam sitting in the grass. The camera angle provides substantial amount of “ear testimony”. The footage of Elijah McClain is not clear and jumbled.
The lack of professionalism by the officers illustrates the institutional fallacy of fair justice for all. Procedurally, in the observation of the body cam, it is far too easy for the officers to turn on and off the camera. Watching the body cam videos revealed both the good, the bad, and the ugly of policing instance: the observational skills of the officers should always—always be questioned.
The officers on the initial scene could not reliably relay the factors of the conflict—only that “he was wearing a black ski mask”; “I don’t know what he was saying”. The vagueness of the officer’s statements as they perform on and off, in and out camera view, as well as in and out camera shots with off screen testimony.
click on image below to watch synopsis of events
click on hospital image above to watch and listen to body cam footage along with family interviews…
Some of the ear shot testimony by the camera seemed to be performative in tone, especially by the officer that claimed that, Elijah McClain was going for his partner's gun. Later in the body camera videos the paramedics are on scene—and officers claim that McClain almost did a push with all three officers on top of him. The supervisory officer and paramedic decide to give McClain ketamine to “calm him down.”
During his detained status on the ground face down Elijah McClain vomits on three different occasion. He keeps apologizing. On and off camera you and hear Elijah McClain desperately telling the officers, “He was just going home.” One can hear his frustration and the abrupt tones of the police officers, yet away from Elijah McClain the casualness of the predicament seems all too familiar.
McClain with tears in his voice, states throughout he was,” just going home.” Question, did the police kill Elijah McClain? Did the paramedics kill Elijah McClain by overdosing him? Did Elijah McClain die because he was high on marijuana? Did Elijah McClain die because he was coming off a state of “excited delirium?” Or was it because his black body was seen as threatening so the police and the paramedics treated Elijah McClain differently? The paramedic stated in his report that Elijah McClain was non-communicative, and, estimated his weight to be 220 pounds. Remember Elijah McClain weighed 140 pounds. He was given 500 milligrams of Ketamine twice the dose for man his size. Finally, is there a heavier burden on the paramedics for failing to judge the proper dosage?
click on image above for Aurora District Attorney disposition of case on November 22, 2019
The point of questioning what happened with Elijah McClain is not to harass, or to demean, or to villainize the Aurora Police department, but to bring forth transparency. To impart rationality to those that are the people’s servants and protectors by inquiring the power structure so that equity can be fostered and maintained. In the past, equity could only be found for those who were part of hegemony writ-large—and doled out to those that earned the golden ticket.
Now, that the world can be more egalitarian in the access to information, in surveillance by the state and the population, transparency of the institutional and power structures can be challenged by the strictures of the opposition. It can resolve the biases of prejudices, biases of bigotry, and the biases of human nature. The Elijah McClain case shows that there are still flaws within the system that need to be adjusted. For instance, the body camera seems to fall off too easy. Officer’s attitudes are far too predisposed to make prejudgments prior to arrival. Diligence does not mean to give into biases, presumptions, and prejudices – it means to be on the alert (not paranoia), to be observant, and to take action if necessary. For the more perfect union, compassion and empathy must be remain and regained. The Elijah McClain case has to be reinvestigated, if not for justice, but adhere to a standard that very effort of transparency becomes the norm not the exception.
The Elijah McClain is a case study, in that, the viewing of how African American bodies are perceived, and, is indicative in the treatment and stereotypes. The EMS saw McClain’s body as weighing 220 pounds, and to look at him properly, however, he was merely 140 pounds. The bruising that was all over his body indicates the forceful nature, in which, he was apprehended. The excuse of “excited delirium” gave way to the treatment he received. The fact the autopsy report is coded in vagueness illustrates that the coroner position needs to be an independent body, away from the political musings of police and district attorneys offices. The coroner’s office should be based upon biological sciences, actual forensics, both technological and anthropological sciences, and in turn, actual reporting of the event or events.
In the case of Elijah McClain, there conclusionary autopsy is filled with more supposition than actual evidence. If the reporting is true, one can summarize, that Elijah McClain feared for his life. One can summarize, Elijah McClain, that the new justification of state sanctioned death, “excited delirium” frees the state from actual responsibility and definitive transparency. One can summarize, although there was no bruising or damage to the larynx, at least according to the coroner, there was hemorrhage on the left sided deep strap over the larynx, a possible location where the choke hold was held. And yet, and yet the larynx suffered no damage. There was no independent examination of Elijah McClain’s body.
It has been nearly a year—and only now has the state decided to reinvestigate—and only now, because of the mood of the country has changed dramatically since the eight minutes and forty-six seconds execution of George Floyd, the shot up body of Breonna Taylor, and the redneck modern lynching of Ahmaud Arberry, along with the pandemic has given the opportunity to reexamine recent past sins. And, unfortunately an unnecessary death has been revealed once more.
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