(NEW YORK) — The family of Elijah McClain has reached a settlement with the city of Aurora over his violent arrest and subsequent death, city officials said.

“The city of Aurora and the family of Elijah McClain reached a settlement agreement in principle over the summer to resolve the lawsuit filed after his tragic death in August 2019,” Ryan Luby, the deputy director of Communications and Marketing for Aurora, told ABC News.

He said city leaders will sign the agreement as soon as the family completes a separate process to determine how any settlement proceeds will be divided among themselves. Until then, “the parties cannot disclose the settlement terms,” but so far, no amount was discussed in the most recent hearing on Oct. 8, Luby said.

“The court will now determine allocation of the proceeds between Ms. McClain, the parent who raised Elijah McClain by herself, and LaWayne Mosley,” attorneys for Elijah McClain’s mother, Sheneen McClain, told ABC Denver affiliate, KMGH-TV.

A lawyer for Elijah McClain’s father also confirmed a settlement has been reached.

“Nothing will bring back his son Elijah, who he loved dearly, but he is hopeful that this settlement with Aurora, and the criminal charges against the officers and medics … will allow his family and the community to begin to heal,” attorney Mari Newman, on LaWayne Mosley’s behalf, told ABC News.

The settlement comes over a year after the family filed a 106-page federal lawsuit in the U.S. District Court of Colorado, accusing several officers and paramedics of violating Elijah McClain’s civil rights and negligently causing his death.

Elijah McClain, a 23-year-old massage therapist from Aurora, Colorado, was confronted by police on Aug. 24 while walking home from a convenience store, after a 911 caller said they saw someone “sketchy.” He was unarmed.

He was wearing a ski mask at the time because, according to his family, he had anemia, a blood condition that can make people feel cold more easily.

Body camera video shows that the officers told Elijah McClain he was “being suspicious,” to which he replied, “I have a right to go where I am going.”

Officers placed him in a carotid chokehold, which restricts the carotid artery, cutting off blood to the brain, according to an independent review of his death released in February. Elijah had earlier pleaded with them, saying he is non-violent and at one point was heard on the body camera footage saying that he can’t breathe.

When EMTs arrived at the scene, he was administered a shot of 500 milligrams of ketamine and was then loaded on an ambulance, where he had a heart attack, officials said.

Elijah McClain went into cardiac arrest. The incident led to his death on Aug. 30, three days after doctors pronounced him brain dead and he was removed from life support, officials said. The Adams County coroner ruled the cause of McClain’s death to be undetermined.

Initially, no charges were brought against the officers involved in the incident.

However, in January, Colorado Attorney General Phil Weiser launched a grand jury probe into Elijah McClain’s death. In September, a state grand jury returned a 32-count indictment against the three officers — Nathan Woodyard, Jason Rosenblatt and Randy Roedema — and two paramedics — Jeremy Cooper and Peter Cichuniec — in the case, charging them with manslaughter and criminally negligent homicide, among other charges.

Sheneen McClain called the charges “a step toward justice” at the time.

“I’m still praying for them to be in prison. My son’s murderers and their accomplices all need to be in prison for what they did to him,” she told ABC News. “They had no right to stop him. They had no right to handcuff him, brutalize and terrorize him, or inject him with ketamine.”

The Aurora Police Association Board of Directors defended the officers following the indictment, saying in a statement, “There is no evidence that APD officers caused his death. The hysterical overreaction to this case has severely damaged the police department.”

Aurora Police Chief Vanessa Wilson and Aurora Fire Rescue Chief Fernando Gray both said that each of their departments will continue to cooperate as the judicial process moves forward.

Last month, the Colorado attorney general issued a report following a 14-month probe into the actions of the Aurora Police Department in the wake of Elijah McClain’s death and found the department had a pattern of racial bias, as well as excessive force.

The report also found Aurora Police arrested people of color “1.3 times more than whites based on population percentage alone.”

The AG office recommended changes to policies, training, record-keeping and hiring as a result of the report.

ABC News’ Ivan Pereira, Sabina Ghebremedhin, Deena Zaru and Courtney Condron contributed to this report.

 

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(ATLANTA) — Police are taking DNA evidence from decades-old unsolved child murder cases to a private lab in Utah in the hopes of finding “concrete answers for the families,” Atlanta’s mayor said.

From 1979 to 1981, at least 29 Black people, mostly kids and adolescents, were killed in the Atlanta area, according to the mayor’s office. The first two victims were a 14-year-old boy and a 13-year-old boy who vanished within days of each other, the mayor’s office said.

The slayings became known as the “Atlanta Child Murders.”

Wayne Williams was long been considered the suspect but was never convicted in the cases, ABC Atlanta affiliate WSB-TV reported. In 1982, Williams was convicted of killing two adults and he’s currently incarcerated, according to WSB-TV.

This week, investigators are taking the evidence to a private lab in Salt Lake City “that specializes in analyzing deteriorated DNA,” Atlanta police said.

“Considering the emergence of new science and technology related to DNA testing, the Atlanta Police Department realized an opportunity to re-evaluate evidence from the Atlanta Child Murders case,” police said in a statement Tuesday. “As with all murder cases, our investigators dedicate countless hours of time and energy to successfully solve cases and bring some sense of closure to victims’ relatives.”

Atlanta Mayor Keisha Lance Bottoms tweeted, “It is my sincere hope that there will be concrete answers for the families.”

 

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(NEW YORK) — The NYPD’s oversight agency has recommended the department discipline 65 officers who are accused of misconduct during last year’s anti-racism protests.

The New York City Civilian Complaint Review Board received over 750 complaints concerning alleged NYPD officer conduct following the Black Lives Matter demonstrations during summer 2020, according to the agency. Only 313 complaints fell within the board’s jurisdiction.

It found 42 substantiated complaints of misconduct concerning 65 officers.

The board recommended serving charges against officers in 37 complaints, Command Discipline B in 11 complaints, and Command Discipline A in 19 complaints.

The recommended disciplinary actions are the most severe forms of punishment against NYPD officers. According to the CCRB website, charges prompt an administrative trial that may lead to lost vacation time, suspension or termination.

Command disciplines are recommended for misconduct that does not rise to the level of charges, but is emblematic of an issue more severe than poor training, according to the board. An officer can lose up to 10 vacation days as a result of a Command Discipline — Schedule B is the more serious of the command disciplines.

CCRB review states that there have been challenges in the investigation “due to the failure to follow proper protocols, officers covering their names and shield, officers wearing protective equipment that did not belong to them, the lack of proper use of body-worn cameras, as well as incomplete and severely delayed paperwork.”

An NYPD spokesperson told ABC News that the department has assisted the CCRB in its investigations by providing body camera footage and “thousands of pages of records.”

“The NYPD has made significant strides and continues to work toward making our discipline processes transparent,” Deputy Commissioner Public Information spokesperson Sergeant Edward Riley said in a statement to ABC News. “Like any citizen, police officers should be afforded a presumption of innocence until and unless proven guilty.”

Any discipline as a result of an NYPD administrative trial will be made public in the NYPD’s online discipline database, according to Riley.

In January, New York Attorney General Letitia James also filed a lawsuit against the NYPD over its handling of anti-racism protests across New York City, accusing the department of failing to address issues of abuse of power against civilians.

NYPD Deputy Commissioner John Miller told reporters at the time that the lawsuit “doesn’t seem to meet the standard of a federal monitor. It doesn’t seem to illustrate a pattern of practice, which is required under the law … But we will, as with most civil lawsuits, address those assertions in court.”

 

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