Denver7 is following the second of three trials in the case of Elijah McClain, a 23-year-old unarmed Black man who died a few days after he was violently arrested by Aurora police on Aug. 24, 2019.

Aurora Police Department (APD) Officer Nathan Woodyard is charged with reckless manslaughter and criminally negligent homicide in the death of McClain. Previously, a jury found APD Officer Randy Roedema guilty of criminally negligent homicide and third-degree assault. Former APD Officer Jason Rosenblatt, who was fired by the department less than a year after McClain’s death, was acquitted of all charges.

Jury finds one Aurora officer guilty, one not guilty in 1st Elijah McClain trial

Woodyard, who is currently suspended from the APD, is accused of putting McClain in a carotid hold that rendered him unconscious before paramedics arrived to administer ketamine, a powerful sedative. 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 the 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.

Woodyard, along with two paramedics who have yet to face jury trials, have pleaded not guilty to the charges against them in January 2023 in the wake of a grand jury indictment.

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 Oct. 25 proceedings.

Friday, October 27

In the trial of Officer Woodyard, prosecutors jumped right in Friday to establishing former Washington, D.C. medical examiner Dr. Roger Mitchell as an expert witness.

After the judge and defense counsel accepted Dr. Mitchell’s expertise in forensic pathology, cause and manner of death, in-custody death and excited delirium, senior prosecutor for the Colorado Attorney General Jason Slothouber kicked off his direct examination by saying, “Dr. Mitchell, let’s cut to the chase. What was the cause of Mr. McClain’s death?”

Dr. Mitchell asked to directly quote his report. After review of body-worn camera video in McClain’s arrest, photos taken during his autopsy, tissue samples from McClain’s autopsy and the scene where McClain was arrested, Dr. Mitchell came to the conclusion the 23-year-old died of “complications following acute ketamine administration during violent restraint by law enforcement.”

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He made a point to draw a distinction between his determination and that of Dr. Stephen Cina who performed McClain’s autopsy and said the 23-year-old died from “complications following acute ketamine administration following violent restrain by law enforcement.”

Slothouber followed up by asking, “Do you mean there’s a direct causation of law enforcement’s actions and McClain’s death.” To which, Dr. Mitchell responded “yes.”

Slothouber broke down Dr. Mitchell’s determination of McClain’s cause and manner of death into a chart akin to this:

1. Subdual and restraint caused:
   1. Hypoxia
   2. Acidosis
   3. Aspiration

And the prosecution questioned Dr. Mitchell what caused the hypoxia. In his assessment, he said it would be the carotid hold that Woodyard applied during McClain’s arrest. The position he was laying in during his arrest also would’ve contributed to the hypoxia, according to Dr. Mitchell.
And the hypoxia would’ve set off his acidosis, Dr. Mitchell testified. The intense physical altercation with law enforcement would’ve contributed to McClain’s hypoxia as well, by Dr. Mitchell’s assessment.

The acidosis would’ve caused McClain to vomit since he said he struggling to breathe it off, according to Dr. Mitchell. And because McClain was struggling to breathe, he couldn’t clear his airway like he normally would’ve after vomiting, which caused him to aspirate, from Dr. Mitchell’s analysis of the officer body-worn camera video.

Dr. Mitchell was also asked for his opinion on Dr. Cina’s initial report that asthma and a narrowed coronary artery could have contributed to his death. Dr. Cina released an amended report that nixed either of those conditions as influencing factors, which Dr. Mitchell confirmed.

He pointed to a lack of mucus plugging McClain’s airways or a thickening of the airway from years of mucus causing irritation as evidence that McClain did not have adult asthma.

Dr. Mitchell also said he could not see narrowing of McClain’s coronary artery in the autopsy photos, and there was no scarring on the heart you would expect from 23 years of living with such a condition. Mitchell added, friends and family would also be able to testify to McClain complaining about shortness of breath when he was running if it were an issue, which none have.

The prosecution finished their questioning of Dr. Mitchell before the court took a break for lunch just after noon Friday.

PREVIOUS COVERAGE OF THE TRIAL OF OFFICER WOODYARD
Day 1 — Tuesday, Oct. 17
Day 2 – Wednesday, Oct. 18
Day 3 – Thursday, Oct. 19
Day 4 – Friday, Oct. 20
(No court on Monday, Oct. 23)
Day 5 – Tuesday, Oct. 24
Day 6 – Wednesday, Oct. 25
(No court on Thursday, Oct. 26)