Denver7 is following the trial for two Aurora officers, Randy Roedema and Jason Rosenblatt, who have pleaded not guilty to charges of manslaughter, criminally negligent homicide and second-degree assault in connection with the arrest of Elijah McClain. McClain died a few days later.
The 23-year-old massage therapist encountered police on Aug. 24, 2019 after a person called 911 to report a “sketchy” man walking in Aurora. Officers with the Aurora Police Department (APD) responded and put McClain, who was unarmed and had not committed a crime, into a neck hold. Paramedics administered a sedative called ketamine, which officials said led to cardiac arrest on the way to the hospital. He was declared brain dead days later and died Aug. 30, 2019. A pathologist found he was given a higher dose of ketamine than recommended for somebody of his size and, as a result, he overdosed.
The City of Aurora settled a civil lawsuit with McClain’s family in November 2021 for $15 million.
All five people facing jury trials pleaded not guilty to the charges against them in January 2023 in the wake of a grand jury indictment. In addition to Roedema and Rosenblatt, a third officer, Nathan Woodyard, has a trial beginning Oct. 13 for the charges against him of reckless manslaughter, criminally negligent homicide and assault. He is accused of putting McClain in the carotid hold. Two Aurora Fire Rescue paramedics — Peter Cichuniec and Jeremy Cooper — have trials beginning Nov. 17 and 27, respectively, for charges of reckless manslaughter, criminally negligent homicide and assault, plus sentence enhancers. The paramedics are accused of injecting a significant amount of ketamine into McClain, causing him to overdose.
Scroll down to read updates from the Friday, Oct. 6 proceedings.
FRIDAY, OCT. 6
The People rested their case Friday against Roedema and Rosenblatt after the senior prosecutor for the Colorado Attorney General Jason Slothouber concluded his redirect examination of Dr. Roger Mitchell.
In that interview, Slothouber revisited the defense’s question to Dr. Mitchell Thursday about when the paramedics arrived on scene of McClain’s arrest if they were completely in control of medical decisions. Dr. Mitchell responded that everyone has a responsibility for the individual in custody.
The People also returned to a point the defense made Thursday about Dr. Stephen Cina’s statement after conducting McClain’s autopsy. Dr. Cina reported he did not see any injuries inflicted by police that caused McClain’s death.
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Mitchell said McClain did not have any injuries like fractured ribs, skull or spine that alone would cause his death.
But Slothouber followed up with asking, “does that mean none of the police actions contributed to his death?” Mitchell answered no.
Judge Mark D. Warner then dismissed the jury until 2 p.m., and then the defense presented two requests to the judge.
The defense argued the prosecution should have to narrow the scope of the charges being brought against their clients and specify the counts of manslaughter, criminally negligent homicide and second-degree assault that Roedema and Rosenblatt face. The judge denied the motion of election.
The defense also petitioned on Rule 29, a motion for acquittal. The lawyers for both Roedema and Rosenblatt said the prosecution failed to present sufficient evidence of all three alleged offenses to sustain a conviction.
After more than an hour and a half, the court broke for lunch without making a decision on Rule 29. They’re expected to return at 1 p.m.
PREVIOUS COVERAGE OF THE TRIAL:
Day 1 – Wednesday, Sept. 20
Day 2 – Thursday, Sept. 21
Day 3 – Friday, Sept. 22
(No court on Monday, Sept. 25)
Day 4 – Tuesday, Sept. 26
Day 5 – Wednesday, Sept. 27
Day 6 – Thursday, Sept. 28
Day 7 – Friday, Sept. 29
Day 8- Tuesday, Oct. 3
Day 9- Wednesday, Oct. 4
Day 10- Thursday, Oct. 5
Denver7 in-depth coverage of Elijah McClain case
