An Adams County jury reached a split verdict Thursday and convicted one of two Aurora officers who were indicted in connection with the 2019 death of Elijah McClain.
The jury convicted Randy Roedema of criminally negligent homicide and second-degree assault. He had faced a more serious charge of reckless manslaughter, but the jury convicted him of criminally negligent homicide, a lower-class felony with a lesser sentence.
He’s set to be sentenced on Jan. 5 at 1:30 p.m.
The same jury found Jason Rosenblatt not guilty of both counts he faced, which were reckless manslaughter and second-degree assault.
Opening statements in the trial for Roedema, who was suspended, and Rosenblatt, a former officer, were on Sept. 20. Jurors began deliberations late Tuesday afternoon after both sides rested on Oct. 6 without the defense calling any witnesses.
McClain, 23, was first contacted on Aug. 24, 2019, after a teenage boy called 911 and relayed that he saw McClain wearing a coat and mask and acting “suspicious.” Less than a minute after police arrived, McClain was taken to the ground and struggled with Roedema, Rosenblatt, and a third officer. During that struggle, McClain was placed in a carotid hold, which can cut off the oxygen supply to the brain.
Later that same night, paramedics injected McClain with the sedative ketamine. His heart stopped, and he later died.
During the trial, jurors heard from several medical experts who testified that McClain’s condition worsened when he was first contacted by officers and taken to the ground but before he was injected with ketamine by paramedics.
The experts testified that McClain vomited numerous times. At least once, they said, he was still wearing the ski mask when he threw up.
They testified that while he was handcuffed and on the ground during the struggle with officers, McClain began to suffer from various medical conditions. Those included low oxygen and a buildup of acid in the blood, known as acidosis.
They attributed those conditions to the physical exertion from the struggle and McClain’s inability to breathe properly. They also said that McClain aspirated, which in this case, meant he inhaled his vomit into his lungs. According to court testimony, That made breathing even more difficult for him.
The experts said those conditions put McClain in an extremely vulnerable condition before he was injected with ketamine. One expert, Dr. David Beuther, a pulmonologist with National Jewish Health, told the jurors that McClain was “minimally responsive” in the minutes before he received ketamine.
Jurors also heard about the policies and directives of the Aurora Police Department.
During this testimony, use of force and training expert Dr. Marc Brown told jurors repeatedly that Roedema and Rosenblatt’s actions were “inconsistent” with the department’s policies and directives he reviewed.
Brown was asked whether, once McClain was on the ground, officers followed the department policy to de-escalate when “practical.” He testified that he did not believe they did.
“During the restraint period when Mr. McClain was handcuffed, the struggle is essentially over,” he said. “There was pain compliance, wrist compression. Officer Roedema, on camera, put his knee in his back.”
Brown also testified that he did not believe the officers monitored McClain properly, as required under policy after he was placed in a carotid hold, which caused him to lose consciousness briefly.
Defense teams for Roedema and Rosenblatt did not call any witnesses. They maintain the officers acted appropriately and said their force was used due to decisions made by McClain. They suggested that McClain grabbed for Rosenblatt’s gun, something prosecutors dispute. They also said McClain was actively resisting officers while handcuffed on the ground.
“Did you rule out for purposes of causation of death that maybe Mr. McClain’s conduct caused him to die?” Reid Elkus, an attorney for Roedema, asked Beuther.
“No,” Beuther said. “That would be inappropriate for a medical doctor to comment on people’s intentions and how some event happened. More of a law enforcement or legal expert would be required for that.”
They also maintain that the paramedics, who injected McClain with ketamine, are responsible for his death. They pointed out that three medical experts agreed that ketamine was the primary cause of McClain’s death.
Prosecutors have asserted that McClain’s weakened condition, which resulted from the 15-minute struggle with officers, put him at extreme risk for adverse effects from the sedative.
“In my opinion, it [ketamine] was not the only factor in his death,” Beuther said. “It was the aspiration into the airway; it was the acidosis; it was also the position he was put in that reduced his ability to cough, clear his airway or breathe in adequately.”
Roedema and Rosenblatt were among five people indicted in 2021 concerning McClain’s death.
Jury selection begins Friday for the trial of Nathan Woodyard, the first patrol officer to respond to the scene and contact McClain. He’s charged with reckless manslaughter.
Jeremy Cooper and Peter Chichuniec, the paramedics who responded to the call, are set for trial in November. They are each charged with reckless manslaughter and numerous counts of assault.
