Update (August 12, 2020): The parents of Elijah McClain filed a civil rights lawsuit on Tuesday against the city of Aurora, Colorado, the city's police department and the paramedics who administered the drug that led to the death of the 23-year-old.
They argue their son was stopped without legal cause and that officers tried to deflect their aggressive behavior toward him by filing an assault charge against the young man, NPR reports.
As Blavity previously reported, police stopped McClain On Aug. 24, 2019, as he walked down a street wearing a ski mask and headphones. His family told the Associated Press he wore the mask because of a blood condition that caused him to be more susceptible to cold.
Police wrote in their reports that they believed McClain was connected to a gang, which his parents have denied. They say their son was a creative and peaceful man who worked as a massage therapist and played violin for cats at shelters.
Colorado Attorney General Phil Weiser’s office announced its investigation into the police department and said investigators were determining whether officers have been denying citizens their constitutional rights, according to CBS4.
“To clarify information that is in the public domain, the Attorney General’s Office is confirming that, for several weeks now, it has been investigating patterns and practices of the Aurora Police Department that might deprive individuals of their constitutional rights under state or federal law. This patterns and practice investigation, authorized by SB20-217, is in addition to a separate investigation the office is conducting into the death of Elijah McClain. In order to maintain the impartiality and integrity of these investigations, the Attorney General’s Office has no further comment at this time,” the office's statement read.
The attorney general's investigation is separate from the one being conducted by the office of Gov. Jared Polis, reports CBS4.
The city manager and Police Chief Vanessa Wilson said an external firm would audit the department’s policies on hiring and practices regarding the use of force, the AP reports.
“We embrace this opportunity for change and are committed to evolve for the betterment of our profession, our community and the residents we serve,” Wilson said.
The department came under fire for putting a Black family, including four young girls, in handcuffs while investigating a stolen vehicle on Aug. 2, as Blavity previously reported.
Wilson said she was disgusted by the treatment of the girls and McClain’s unfortunate case. She has since fired three officers who took a picture reenacting the chokehold that contributed to McClain’s death and has requested an internal investigation into the Aug. 2 incident.
Original (June 30, 2020): A vigil held in honor of Elijah McClain on Saturday in an Aurora, Colorado park turned violent when police officers wearing full riot gear were seen charging toward a group of participants.
The vigil, which was part of a larger rally, was organized by Denver's Party for Socialism and Liberation and included a performance by violinists as an ode to the 23-year-old, who was known for playing his instrument to shelter animals, according to The Cut.
Mic reported there were thousands of people at the demonstration, including families with small children.
Six-time Grammy nominee Ashanti Floyd and Lee England Jr. were two of the musicians who performed on Saturday.
As people listened to the violinists while holding signs calling for justice, officers marched into the park and deployed a chemical agent.
People caught the moment officers walked into the park and disrupted the peaceful demonstration.
— ideology overload (@ideologyovrload) June 28, 2020
"No, no, no, no," a person can be heard saying as the video pans to officers marching into the park wearing bulletproof vests and gas masks.
Peaceful gathering to honor the life of #ElijahMcClain turned in a hostile “unlawful protest”. @AuroraPD antagonized peaceful protestors and put people in harm and used teargas to dispurse people attending a vigil. Shameful! pic.twitter.com/HtWS3mxFc2
— Carlos Espino (@CarlitoPlanet) June 28, 2020
Despite attendees saying police threatened to deploy tear gas, the Aurora Police Department denied the allegations.
“Tear gas was not used yesterday. There was pepper spray deployed but tear gas was not used,” an APD spokesperson told The Cut.
On Monday, Interim Police Chief Vanessa Wilson told 9News antifa was present at the demonstration and at one point, a person holding the organization's flag shoved it into an officer's chest.
Wilson said officers were trying to protect violinists and attendees during the vigil and blamed ANTIFA for inciting violence.
"All day long there was no issue for seven and a half hours and it came to a point where they dictated what was going to happen. When we were pushing the line just to take our fence back, people began pelting my officers with rocks. And at that point we had to meet that resistance with what we were getting thrown at us," Wilson said.
The vigil started with a rally and march that attendees said was peaceful although there was a strong police presence.
Police “quickly started moving in on just all protesters, getting them to move away and step back,” an attendee said.
Carlos Espino told The Cut he saw a "smoke plume in the air" that he thought was tear gas.
“We could smell it from where we were, which was several hundred yards away,” Espino said.
Police then used pepper spray to clear the park. There were families and kids out in Aurora. It was literally just a violin vigil for Elijah.pic.twitter.com/iLfFBjadta
— Joshua Potash (@JoshuaPotash) June 28, 2020
Attendees described the scene as surreal as the violinists continued to play while officers deployed pepper spray and used force to disperse crowds.
“It was a really surreal scene,” participant Blake Jackson recalled. “You looked to the left to see all of us standing there with our hands up and the violinists continuing to play, and you look to your right and see hundreds of cops in riot gear.”
As #Aurora municipal security forces lost patience with how long it was taking to illegally evict us from the #ElijahMcClain violin vigil, they began deploying chemical agents directly into protesters faces and at protesters that were fleeing while attempting to make arrests pic.twitter.com/ElDeu8Q4LD
— dula lipa (@dulapalooza) June 28, 2020
One person tweeted there were snipers posted on rooftops nearby and helicopters circling above during the vigil.
Last night, we played our violins for #ElijahMcClain at his vigil in #AuroraColorado. There was tear gas being sprayed, snipers on rooftops and helicopters circling, but we kept playing just like Elijah used to do for the kittens at the animal shelter. (1/x) pic.twitter.com/IHZnMjqgTF
— Gertie (@GKH6) June 28, 2020
Police said their aggressive tactics were due to protesters attempting to "cross the fence at the PD entrance."
A police spokesperson said the event was labeled as unlawful “because there was a small group of people who were arming themselves with rocks and sticks, who were ignoring multiple orders to step back from the fence, who were starting to damage property … They threatened the safety of all the people that were there.”
Neither Jackson nor Espino remembered seeing people throwing items during the vigil. Their statements were supported by people who tweeted throughout the event and called it peaceful and calming.
In addition to holding a vigil for McClain, organizers called on local officials to fire the officers who violently arrested the musician, according to a Facebook event post. Demonstrators also demanded criminal charges be brought against all those who contributed to McClain's death.