A former Colorado police officer convicted of criminally negligent homicide and misdemeanor third-degree assault in the death of Elijah McClain is appealing his conviction. The officer, who was sentenced to 14 months in jail, filed a notice of appeal with the state appeals court. McClain, a 23-year-old Black man, died in 2019 after being stopped by police in a Denver suburb.
McClain's death initially received little attention but gained prominence in the wake of mass protests following the murder of George Floyd. The incident became a focal point for critics of racial injustice in policing.
McClain was stopped by police in Aurora while walking home from a store and wearing a face mask. A 911 caller had reported him as suspicious. A struggle ensued between McClain and the officers, lasting about 20 minutes before he was restrained and injected with ketamine by paramedics.
Initially, the coroner's office could not determine the cause of McClain's death, leading to no criminal charges being filed. However, an updated autopsy report in 2021 concluded that McClain died from a ketamine overdose after being forcibly restrained by police.
The convicted officer, who was fired from the Aurora Police Department, was the only one found guilty among three officers indicted in McClain's death. Two paramedics were also convicted in a separate trial.
During the appeal, the officer's lawyers plan to challenge various issues, including the decision to join his trial with another officer's and alleged errors in grand jury instructions. The state attorney general's office, which prosecuted the case, declined to comment on the appeal.
