AURORA, Colo. — Defense attorneys for the two Aurora Police officers – one current and one former – who are currently on trial in connection with the 2019 death of Elijah McClain placed blame for his death squarely on the paramedics who are also charged in the case.
Opening statements took place late Wednesday afternoon in the trial for suspended officer Randy Roedema, 41, and former officer Jason Rosenblatt, 34, who each face charges of reckless manslaughter and second-degree assault. Another officer and two paramedics were also indicted and are set for trial later this year.
Prosecutors contend that Roedema and Rosenblatt violated numerous department policies when they contacted McClain and said their dereliction of duty played a significant role in McClain's death.
McClain, 23, died days after a then 17-year-old boy called 911 on Aug. 24, 2019, to report that he saw McClain wearing a mask and acting odd.
During that 911, according to prosecutors, the teen reported that he didn't believe he was in danger and hadn't seen a weapon.
"When you hear the tape, you'll hear Mr. Vega say, he doesn't know if Elijah is a good person or a bad person," said prosecutor Jonathan C. Bunge.
The first officers who responded confronted McClain – who was breaking no laws – took him to the ground and restrained him during a struggle.
According to the defense attorneys, the officers had an obligation to contact McClain because he was in an area of Aurora known for very high crime.
"It's August. It's a warm night he's walking down the street, he's got a ski mask on and a coat. Add this factor, you're at the highest crime rate in the city," said Harvey Steinberg, who represents Rosenblatt. "God forbid you say, I'm not going to do anything, and an individual who looks like that, in a high crime area, goes out and commits a crime you know what happens... Aurora Police got a 911 call and they did nothing!"
Prosecutors agreed that officers needed to respond, but said their actions once they did were out of line and didn't follow policy.
"He [McClain] doesn't run, he doesn't hide, he eventually stops and pulls out his earbuds so he can hear the officers," said Bunge. "Watch what the officers do, within nine seconds of getting out of their squad cars, Mr. Woodyard and Mr. Rosenblatt grab him, Mr. Roedema isn't far behind."
Their attorneys also claim that McClain resisted efforts to contact him and tried to grab Rosenblatt's gun which escalated the situation further.
"During the contact, according to what the officers perceived, Mr. McClain did not comply – he did not comply with orders and resisted officers," said Reid Elkus, attorney for Roedema. "One of the acts of resistance by Mr. McClain is that he reached for or grabbed for one of the officers' guns which caused them to take him to the ground."
Prosecutors said Roedema is heard on body camera footage telling Rosenblatt that McClain went for his gun. They said, Rosenblatt never felt anyone reach for his weapon and suggested that Roedema made up the claim that McClain went for the gun.
They said Roedema and Rosenblatt held McClain down for 15 minutes while his hands were cuffed behind his back. They alleged Roedema was on McClain's back while Rosenblatt was on his legs. The officers' attorneys insisted that McClain was in a "recovery position" and that Roedema was off to his side and not on his back.
"He [McClain] is saying, over and over and over again, 'I can't breathe, Please help me, I can't fix myself,' Seven times, 'I can't breathe,'" said Bunge. "Were the officers trained in what to do in that situation? Absolutely. They were trained when someone says they can't breathe it is a medical emergency."
They said McClain was struggling from the effects of a carotid hold, which can cut off oxygen to the brain, that had been used to take him to the ground.
Yet, prosecutors said when paramedics, arrived, the officers never told them that McClain had complained about trouble breathing. Instead, prosecutors said the officers commented about how "crazy" strong McClain was and that he was "out of control."
It was those comments, prosecutors argued that prompted paramedics to give McClain ketamine.
"He is drifting further and further towards death, and a sedative is the last thing he needs at that point in time, because it only makes it harder to breathe," said Bunge.
However, the defense attorneys countered that once medical personnel arrived, it was the officers' duty to defer to the paramedics' medical expertise and that the paramedics alone were responsible for the decision to use ketamine.
"When fire and rescue responded on scene that became complete control of medics," Elkus said. "Aurora Fire made the determination McClain had excited delirium, they made the determination to give him ketamine. And they injected Mr. McClain with ketamine. Unfortunately as a result of the overdose of ketamine, by paramedics, Mr. McClain passed away."
McClain’s heart stopped, and he was pronounced dead three days later. He was taken off life support on Aug. 30, 2019.
On Wednesday morning, the court worked on what are known as “peremptory” challenges. That is the right of prosecutors and defense attorneys to dismiss a prospective juror without stating a reason. The judge allotted each side 10 peremptory challenges, and each side used all 10.
That process ended just after 10 a.m., and it appeared a jury had been chosen, but Adams County District Judge Mark Warner did not swear in the jury at that point. Instead, the judge, prosecutors and defense attorneys went behind closed doors to discuss an unspecified issue.
They returned about 11:40 a.m., and at that time, Warner apologized to the jurors and told them that “some legal issues have arisen that are relatively important.”
He told the jurors – those who appeared to have been chosen and those who had been dismissed – to get lunch and return at 1:30 p.m. He asked one juror who had been dismissed to remain in the courtroom.
The defense had used its first peremptory challenge on that juror, a young Black man. The judge, prosecutors and defense attorneys then went behind closed doors, where they questioned the juror on unspecified issues.
Shortly before 3 p.m. a jury of 14 people was seated and opening statements began. Testimony is expected to resume Thursday morning at 9:30 a.m.
McClain’s death sparked public demands for accountability. After then-District Attorney Dave Young of Adams County concluded no criminal charges would be filed, Gov. Jared Polis appointed state Attorney General Phil Weiser as special prosecutor in the case.
Weiser took the case to a statewide grand jury. In September 2021, the grand jury returned indictments for Roedema, Rosenblatt, former officer Nathan Woodyard, and the two now-former paramedics, Peter Cichuniec and Jeremy Cooper. Woodyard is scheduled to go to trial next, followed by a third trial for Cooper and Cichuniec.
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