Nov 6, 2023 - Politics & Policy

Third officer charged in Elijah McClain's death found not guilty

Alayna Alvarez

A mural of Elijah McClain, painted by Thomas "Detour" Evans, painted on the Epic Brewing building in Denver in June 2020. Photo: Hyoung Chang/The Denver Post via Getty Images

A jury found a Colorado police officer not guilty Monday in the 2019 death of Elijah McClain.

Driving the news: Aurora officer Nathan Woodyard — who was the first on scene and put McClain in a neck hold that left him temporarily unconscious — was found not guilty on charges of manslaughter and criminally negligent homicide.

Why it matters: Among the three officers charged in McClain's killing, Woodyard is the second to be acquitted for their use of force the night of Aug. 24, 2019, after another jury delivered a split decision in October.

Plus: The trials are testing the strength of state prosecutors' cases against the five first responders charged in McClain's death.

Details: If convicted, he would have faced up to six years in prison, the Denver Post reports.

The jury took less than two days to reach their verdict.

The big picture: Over the nearly three-week trial, state prosecutors called in medical and criminal justice experts to convince the jury that Woodyard's neck hold contributed to McClain's death. The move, known as a carotid control hold, has since been banned in Colorado and many states across the country.

State prosecutors also argued that the officer failed to follow his training and render appropriate aid when McClain was choking on his vomit.
Woodyard's defense attorneys blamed McClain's death on the injection of ketamine — the powerful sedative paramedics administered — and insisted Woodyard followed protocol.
The defense also insisted that he feared for his life after another responding officer said McClain attempted to grab one of their guns.

What they're saying: Colorado Attorney General Phil Weiser said during a press conference Monday afternoon the verdict was not what his office sought, but he accepted the outcome.

"We remain undeterred in our pursuit of accountability and justice for Elijah McClain," Weiser said.

What's next: Peter Cichuniec and Jeremy Cooper, the two paramedics involved in administering the ketamine, will face trial later in November. They have pleaded not guilty.

Flashback: An amended autopsy report released in 2022 determined McClain's death was due to complications from administration of the sedative ketamine after forcible restraint.

Editor's note: This story has been updated to include comments from Colorado's attorney general.

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Third officer charged in Elijah McClain's death found not guilty

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