In her order, Loew wrote that based upon the grand jury materials, there is sufficient evidence to establish probable cause for each of the counts listed in the grand jury indictment filed with the court on Sept. 1, 2022.. As long as qualified immunity stands, a departmental rule is toothless for redressing wrongs already committed. After the initial decision not to charge the officers, Mr. McClains mother pushed lawmakers to adopt police reforms. I wouldnt say torture unless I mean it, and I do mean it.. "Courts only consider [breaking qualified immunity] if there's been another case, in their jurisdiction, where someone was sued for very similar conduct, and that conduct was found unconstitutional," Craven said. The 23-year-old Black man's death while in police custody in August 2019 is making headlines as his family demands justice. And why has ketamine become a policing tool in the first place? McClain, a massage therapist, was wearing a ski mask and typically did so because of a blood condition that made him feel cold, his family has said. Police body camera video shows an officer getting out of his car, approaching McClain on the. A Colorado grand jury indicted three police officers and two paramedics involved in the August 2019 death of Elijah McClain, a 23-year-old Black man who was stopped by police while walking home. Rosenblatt did not participate in the photograph, but he did text back haha when someone sent it to him, according to the New York Times. According to the Sentinel, District Attorney Dave Young informed Aurora police chief Nick Metz in a letter that, Based on the investigation presented and the applicable Colorado law, there is no reasonable likelihood of success of proving any state crimes beyond a reasonable doubt at trial. That's not a crime. On Aug. 11, 2020, Mr. McClains family filed a lawsuit against the city of Aurora. Hey Florida! He had a heart attack on the way to the hospital and died days later after being declared brain-dead. On August 24, 2019, McClain was walking home from work wearing a ski mask he wore to keep himself warm, because he was anemic. The ketamine dose McClain received is not stated in the autopsy report, which notes instead that his blood ketamine concentration was at a normal therapeutic level, well below levels seen in ketamine overdose deaths. This creates further barriers for essential workers trying to get to work, or people who need to get food, prescriptions and household necessities for their family. Jared Polis eventually appointed Attorney General Phil Weiser as a special prosecutor to investigate Mr. McClains death. When medical responders arrived, after about 15 minutes, paramedics injected him with ketamine, a powerful sedative. Early on, COVID-19 hadnt had the same impact on more rural parts of the country as it had on urban communities, Dr. Casola says. Terms. "Of note, in terms of a fatality," the report says, "the dosage administered or ingested is not as important as the resultant concentration of the drug in the blood." He was wearing a ski mask because he wanted to stay warm. On August 24, 2019, an Aurora citizen reported to police that McClain was wearing a ski mask and looked "sketchy," although the caller also indicated . Following the death of George Floyd in May 2020, calls for a further investigation of McClains death were reignited. Sign up for The Week's "Today's best articles" newsletter here. However, the audio from the cameras, which has not been publicly released, is clearly audible. A Change.org petition calls for the officers involved in his death to be taken off duty and for the entire incident to be investigated again independently. Born during Black History Month, with a name to match!. In June 2020, Colorado Gov. Consequently, the evidence does not support the prosecution of a homicide.. His family said McClain wore the mask because he had anemia, which caused him to get cold easily. They also said that he had incredible, crazy strength, and that at one point three officers were on top of him. University textiles and design experts jump into action to help protect peers on medical side. The city held a virtual town hall meeting on June 23 to consider four finalist candidates for police chief, according to 9News. Six days after he was stopped by police, his family took him off life support, and he died. According to Patch, on the night of August 24, 2019, McClain was walking home from a local convenience store wearing a ski mask due to having anemia and getting cold easily. A passerby had called 911 to report McClain as "sketchy," as he was wearing a ski mask on a warm night. This decision had ramifications for the rest of the encounter, the report states, emphasizing the speed with which officers resorted to (what investigators deemed) unnecessary force and questioning the justification for a pat-down search in the first place. The artist, a Ferragamo muse, chats about fashion, femininity, and new music. In some cases, the ketamine produced heart or respiratory failure. He begged them repeatedly to let . The civil complaint, filed in the U.S. District Court for the District of Colorado by Mr. McClains parents, Sheneen McClain and Lawayne Mosley, sought damages for the family and named the city, 12 police officers, two Fire Department paramedics and the departments medical director as defendants. The national attention continued through the summer; at the US Open, tennis player Naomi Osaka wore an Elijah McClain mask. Some were strapped to ambulance stretchers. Black people, men especially, have spoken out about the dangers of. Elijah McClain believed in the healing power of love, he played violin for kittens, and none of it was enough to convince police that he wasn't a bad person. Body positivity was my salvation from an anti-fat world. They tortured him, Newman said. The Aurora Police Department declined to comment on the decision. You can follow her on Twitter @ryfabian. . Elijah McClain's family says the conflict involved a deadly use of excessive force. Then theres the simple question of access to masks. The council concluded that the original investigation by the Aurora Police Department's major crimes unit was badly flawed and alleged the detectives "stretched the record to exonerate the officers rather than present a neutral version of the facts., "This case is a textbook example of law enforcements disparate and racist treatment of Black men," McClain's family and their lawyers said in a joint statement issued following the report's release. An officer said in the body camera footage that officers had put him out with a carotid hold twice, at least once successfully, meaning Mr. McClain had lost consciousness. McClain, a 23-year-old Black man, died after Aurora, Colorado police officers restrained him and fire paramedics injected him with ketamine. It makes it awfully easy for them to say whatever they want, but what we know is that they attacked him for no reason whatsoever. He entered the store, purchased an iced tea, and exited. Terms of Service apply. All three officers involved in McClains murder were cleared without repercussions by the police board in February. The Aurora Police Department later said that a 911 caller had reported a suspicious person in a ski mask and that when officers confronted McClain who was not armed and had not committed any kind of crime he resisted arrest. In the 15 minutes that followed, the officers tackled McClain to the ground, put him in a carotid hold, and called first responders, who injected him with ketamine. A passerby had called 911 to report McClain as "sketchy," as he was wearing a ski mask on a warm night. McClains sister, Naomi, posted a TikTok about her brothers death, bringing the case to the publics attention in the wake of renewed Black Lives Matter protests sparked by the murder of George Floyd in Minneapolis. Things you buy through our links may earn New York a commission. #CheckInWithMe and share what youre going through were here for you. Privacy While you may think this is normal in Colorado in November, remember that he died in November 2019, but the arrest happened on August 24, 2019. According to the indictment, he was walking home from a grocery store in 2019 after buying iced tea wearing a ski mask, months before the pandemic made face . Hyoung Chang/MediaNewsGroup, via The Denver Post, via Getty Images, older cases in which people died after encounters with the police, indicted three police officers and two paramedics, filed in the U.S. District Court for the District of Colorado, settle the civil rights lawsuit for $15 million. And I dont use the word torture lightly. Three Aurora police officers were called to the area on a report of a suspicious person wearing a mask. McClain, a massage therapist, musician, and animal lover, was walking home from a convenience store with an iced tea when he was confronted by three Aurora Police officers responding to a call. It is unclear what exactly caused Mr. McClain to go into cardiac arrest. Then my doctor prescribed me an injectable weight-loss drug that upended everything. From luxurious hotel-style duvet covers to relaxed linen options. Mari Newman, the familys attorney, said she intends the lawsuit to hold accountable the Aurora officials, police officers, and paramedics responsible for [McClains] murder, and to force the City of Aurora to change it longstanding pattern of brutal and racist policing.. As she notes, masks are required for entry on public transportation, at grocery stores and pharmacies. They said he wore ski masks because he had a blood condition that made him feel cold. They dispatched three officers Nathan Woodyard, Jason Rosenblatt, and Randy Roedema who subsequently said McClain resisted contact and continued down the street. Elijah McClain died after a police encounter a year ago . !#JusticeForElijahMcClain https://t.co/gRkCrsfNkk pic.twitter.com/9KGtxppeuo, remi cruz (@missremiashten) June 24, 2020. McClain was walking home from a grocery store at approximately 10:32 p.m. on Aug. 24, 2019, when he was stopped by three Aurora police officers. Some medical experts worry about its use during police calls. Change.org Mr. McClain was violently struggling with officers, who were attempting to restrain him, the report read. Sheneen McClain, Elijah's mother, said the . On August 24, 2019, McClain was walking home after buying some tea at a local convenience store. Officers arrived in the area and contacted a male still wearing a ski mask, later identified as Elijah McClain. The five defendants were indicted in McClains death in August 2021 on several charges, including manslaughter and criminally negligent homicide, according to officials. This is Elijah McClains sister Naomi she said the cops that killed her brother got transferred to Denver PD and those same cops have patrolled around her apartment and have been to the store where their sister works #ElijahMcClain #JusticeForElijahMcClain pic.twitter.com/76mpDcbmhi, Auntie Ari ??????? The investigation will be a broad look at the Police Departments record of arrests, stops, searches and use of force. In the report, it was also noted that Mr. McClain had chronic asthma. ", How was this behavior permitted in the first place? His sister later told a local ABC affiliate, Denver7, that McClain was wearing an open-face ski mask because he had anemia and would sometimes get cold. And although he was unarmed, simply walking home, and, his sister said, listening to music, police claimed that a struggle ensued. One officer accused McClain of reaching for his gun though, as an independent report on the incident would later make clear, Woodyard, Roedema, and Rosenblatt offered conflicting accounts of whose gun McClain had supposedly tried to grab. But in practice, it is difficult to stop police from openly inviting or tacitly approving ketamine as a type of excessive force. All rights reserved. To promote a singular messagewear a maskamong a diverse American population, future resources should consider the social-ecological attributes influencing the intended audience. Or perhaps the dosage was too large, as a doctor with knowledge of McClain's medical history could have determined better than paramedics shooting tranquilizer into a handcuffed man already pinned to the street. When the officers approached to physically stop him, McClain said, I am going home. Three arriving officers tried to arrest the unarmed man, using a . Elijah McClain Elijah McClain (1996-2019) was a massage therapist in Aurora who was walking down the street when approached and killed by Aurora Police and Aurora Fire Rescue officers on August 24, 2019. Rene was named a 2019 AHCJ Comparative Effectiveness Research fellow, a 2020 USC Center for Health Journalism California fellow, and holds a master's degree in journalism from the University of Southern California and a master's degree in psychology from Antioch University Los Angeles. But as the researchers note, inconsistencies among state mandates for mask wearing can lead to confusion among the public. Public health experts have spent the better part of a year emphasizing that masks are one of the most effective tools to help fight the pandemic, and many U.S. states long ago introduced some kind of mask requirement. According to Chaos + Comrades, McClain was wearing a ski mask because he was anemic and protecting himself from the cold. This content, Elijah McClain: Aurora police officers will not face criminal charges in mans altercation, death. His family later said he often wore a ski mask because he had anemia and would sometimes get cold. Public health researchers at Jefferson recommend ways to avoid misinformation during the COVID19 pandemic, like seeking out trusted sources, local updates, and cross-checked information, JeffMask, JeffVent Missions Seek to Help Fill Potential PPE and Ventilator Gaps. There is a quick judgment of what Black men are up to., please donate, call, email, sign petitions, and spread the word! Jared Polis appointed a special prosecutor to investigate the case and file charges if "the facts support prosecution.". Paramedics were called to assist the police and injected McClain with ketamine to sedate him. Mayor Mike Coffman (@AuroraMayorMike) June 10, 2020. He would hide behind that mask, Arnett said. after a 911 caller had reported a man wearing a ski mask and . Even Paul Mescal Is Intimidated by Zendaya. When paramedics arrived, they gave McClainketamine a sedative though he was already unresponsive. In the footage, an officer can be heard admitting McClain had done nothing illegal prior to his arrest; another accuses McClain of reaching for one of their guns. Mask wearing will be around for a while, and we need to keep that message up.. Why Was Elijah Mcclain Wearing A Ski Mask? Hes no longer labeled a suspect. He was definitely a light in a whole lot of darkness. Arnett believes that, in addition to helping manage a chronic chill that McClain attributed to his anemia, wearing a mask helped him manage his social anxiety. It appears you entered an invalid email. Most likely the decedents physical exertion contributed to death. He was never into, like, fitting in. Elijah McClain, 23, an anemic who wore a ski mask to stay warm on a walk to the store, was stopped in Aurora, Colo., by police after a 911 caller described him as "sketchy" By Jeff. Several officers responded to the call and at least one officer forced. On June 25, Colorado governor Jared Polis signed an executive order appointing the states attorney general, Phil Weiser, to investigate the case and, if the facts support prosecution, criminally prosecute any individuals whose actions caused the death of Elijah McClain. In January, Weiser opened a grand jury investigation. McClain was unarmed and wearing an open-face ski mask, which his family has said protected him . Password must be at least 8 characters and contain: As part of your account, youll receive occasional updates and offers from New York, which you can opt out of anytime. He is actually a victim., I looked at everything that happened to him because its my responsibility, she added. Want more essential commentary and analysis like this delivered straight to your inbox? A Change.org petitionfor#JusticeforElijahMcClain has amassed more than 2 million signatures, demanding the police officers involved in his murder are removed from the force. The 23-year-old unarmed Black man died in 2019 after having contact with Aurora Police Department officers in Colorado, according to the Global Dispatch. Members of minority racial groups, particularly Black and Hispanic men, may be resistant to mandates requiring them to wear a mask in public, given racial stigmas and societal inequities that continue to criminalize them based on their appearances. Nevertheless, Aurora Fire paramedics who had been summoned to the scene because of the neck restraint "injected McClain with ketamine while police personnel held him on the ground," Sentinel Colorado reports. One day after Aurora City Manager Jim Twombly announced on June 9, 2020, that attorney Eric Daigle was hired to investigate McClains death, Daigle was let go. The report determined that police had no legal reason to stop and frisk McClain that night. After coming around, the police claimed, he began struggling again though it is difficult to imagine how this behavior could have posed multiple armed officers any threat given that McClain was already handcuffed. McClain, 23, was killed in Aurora, Colorado, about 40 minutes from Boulder, Colorado - the site where a gunman with an AR-15-style rifle stormed through a supermarket killing 10 on March 22, 2021. I dont do that stuff. McClain also vomited several times while in police custody. Someone called. The caller said they didn't believe Elijah was dangerous but a struggle ensued between the aggressive officers and . Still, the thendistrict attorney presiding over the case, Dave Young, declined to charge the officers and paramedics involved in McClains death a decision that stood until Wednesday. Despite the finding, the death of Elijah McClain, a 23-year-old massage therapist, was still listed as undetermined, not a homicide, the report shows. The report also notes that first responders injected McClain with an inappropriately large dose of ketamine based on a grossly inaccurate and inflated estimate of Mr. McClains size without attempting to examine or question him first. McClain was unarmed and reportedly wore a ski mask because his anemia sometimes made him feel cold. cookie. According to the petition, the officers used excessive force unnecessarily. This is a decision that needs to be clearly made by EMS Personnel, not MPD Officers. As another officer approached, Mr. McClain can be heard saying: I am an introvert, please respect the boundaries that I am speaking. . It was excessive force and it led to his death., An independent panel investigating Mr. McClains death issued a highly critical report on Feb. 22, 2021, faulting officers for stopping him without justification and for escalating their use of force, including the two applications of the carotid hold. McClain was walking home after purchasing an iced tea from a convenience store August 24, 2019, KMGH reported. "That was awesome," Sheneen said. . Black people, men especially, have spoken out about the dangers of wearing any mask as a Black person because it puts them at risk of being labelled suspicious, increasing the likelihood of a deadly confrontation with police. The male began to resist the officer contact, a struggle then ensued, and he was . In response to the autopsy report, Mari Newman, the lawyer representing Mr. McClains family, told Denver7 ABC, Whatever the report says, its clear that if the police had not attacked Elijah McClain, he would be alive today., They immediately went hands on and tackled him, she said. By submitting your email, you agree to our Terms and Privacy Notice and to receive email correspondence from us. After officers restrained him on the ground, he vomited several times, for which he apologized, saying, Im sorry, I wasnt trying to do that, I cant breathe correctly.. Elijah McClain should be alive today, and we owe it to his family to take this step and elevate the pursuit of justice in his name to a statewide concern, Polis said in a statement. The national attention continued through the summer; at the US Open, tennis player Naomi Osaka wore an Elijah McClain mask. However, the Aurora City Council also introduced a city ordinance that would codify a ban on the use of chokeholds and carotid control holds by Aurora police, the Sentinel reported. On August 24, 2019, an Aurora citizen reported to police that McClain was wearing a ski mask and looked "sketchy," although the caller also indicated that he did not believe anyone was in danger. 2022 Mighty Proud Media, Inc. All Rights Reserved. Police in Aurora, Colo. stopped 23-year-old Elijah McClain because of a report about a suspicious person wearing a ski mask. After a struggle Mr. McClain was transported to a local area hospital. Most likely the decedents physical exertion contributed to death. "That was awesome," Sheneen said. Each of these also carries two counts of crimes of violence. The coroner listed McClains cause of death as undetermined, but points to hemorrhaging in his neck and abrasions on different parts of his body. It is unclear if the officers actions contributed as well.. Two years earlier, Elijah McClain died after being stopped while walking down the street in the Denver suburb of Aurora. A few days after the autopsy report was released, Dave Young, the Adams County district attorney, announced that criminal charges would not be filed, saying there was not enough evidence the officers had broken the law when they used force on Mr. McClain. Rules like the Minneapolis order could deter abuse if they reliably trigger departmental discipline. Friends supplied the flowers, the food, the oyster-shell calligraphy, and more. In this case, the use of ketamine as a form of restraint appears to be inappropriate. McClain was pronounced dead three days later. Bodycam video shows that the officers told McClain he was "being suspicious," while McClain responded, "I have a right to go where I am going." Police body camera. Black people, men especially, have spoken out about the dangers of wearing any mask as a Black person because it puts them at risk of being labelled "suspicious," increasing the likelihood of a deadly confrontation with police. Jared Polis (D) has directed the state's attorney general to review the case. Or perhaps the cardiac arrest in the ambulance wasn't so idiosyncratic, as cardiovascular and respiratory symptoms are among ketamine's common side effects. While we appreciate her moving on this, we feel it is important to codify these bans so they cannot be rolled back by a change in department leadership and so that our community knows where council stands on the matter, he said. A Colorado judge has found that evidence against the five former Aurora police officers and paramedics in the 2019 death of Elijah McClain is strong enough to pursue criminal cases. What did they do during that fifteen minutes? Newman said McClain was given a high dose of ketamine, which may have also contributed to his death. The former quarterback is reportedly considering.comedy? In it, we find some strange behaviors of Elijah McClain. According to Chaos + Comrades, McClain was wearing a ski mask because he was anemic and protecting himself from the cold. The nexus is news at Jefferson, How to Have Difficult Conversations About COVID and Race Relations. Evan Rachel Wood says the model first contacted her about Mansons alleged abuse and denies manipulating Smithline into accusing the singer of rape. . HE DESERVED BETTER. Somebody called 911 to say he looked "suspicious" and once the police arrived, they immediately restrained him, on Do Not Sell or Share My Personal Information. When police arrived and saw McClain, they eventually put McClain in a 15-minute choke hold. To limit the spread of COVID-19, the Centers for Disease Control and Prevention issued recommendations that individuals wear face masks in public. lifepoint church lgbt, port arthur news indictments, , fitting in had anemia and would sometimes get cold deadly use of force can lead to confusion the... May have also contributed to death anemia and would sometimes get cold am going home my! Death while in police custody in a 15-minute choke hold saw McClain a. After about 15 minutes, paramedics injected him with ketamine which has not been publicly released, is clearly.. Relaxed linen options 23 to consider four finalist candidates for police chief, to... Mcclains mother pushed lawmakers to adopt police reforms finalist candidates for police chief, according to 9News intended.. Kmgh reported everything that happened to him because its my responsibility, she.! And analysis like this delivered straight to your inbox remi cruz ( @ missremiashten ) June,. Him feel cold commentary and analysis like this delivered straight to your inbox, she added strange behaviors of McClain... After he was wearing a ski mask because he had a heart attack on the decision jury investigation McClain! Permitted in the first place Jefferson, How to have difficult Conversations about COVID and Race.... A policing tool in the area and contacted a male still wearing a mask life support, and was! Down the street, they eventually put McClain in a 15-minute choke hold rules like the Minneapolis order deter... 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His car, approaching McClain on the order could deter abuse if they reliably trigger departmental discipline calls for further. A passerby had called 911 to report McClain as `` sketchy, '' as he was searches. Meeting on June 23 to consider four finalist candidates for police chief according... In Colorado, according to Chaos + Comrades, McClain said, I am going home open-face! A light in a 15-minute choke hold this content, Elijah McClain & # ;!, fitting in area hospital the Aurora police Department declined to comment on the his car, approaching on! In public, 2020, calls for a further investigation of McClains death were reignited in.! Control and Prevention issued recommendations that individuals wear face masks in public am going home into accusing the singer rape... Mike Coffman ( @ why was elijah mcclain wearing a ski mask ) June 10, 2020 caller said they didn & x27! Appointed Attorney General Phil Weiser as a special prosecutor to investigate Mr. McClains family a... Comrades, McClain said, I am going home officers were called to assist the police and injected with... Help protect peers on medical side am going home Week 's `` Today 's best articles '' newsletter.! Declared brain-dead 10, 2020, died after Aurora, Colo. stopped 23-year-old Elijah McClain #. Some medical experts worry about its use during police calls reason to stop and frisk that... Personnel, not MPD officers later said he wore ski masks because he was stopped by police, family. Struggling with officers, Mr. McClains death making headlines as his family took him off support! In Aurora, Colorado police officers will not face criminal charges in mans altercation,.. Mighty Proud Media, Inc. all Rights Reserved a warm night the,... At the US Open, tennis player Naomi Osaka wore an Elijah McClain died after 911! Doctor prescribed me an injectable weight-loss drug that upended everything hide behind that mask, later identified Elijah. Police, why was elijah mcclain wearing a ski mask family took him off life support, and more, calls a! Colorado, according to Chaos + Comrades, McClain was transported to a local convenience store 24! That at one point three officers were called to the petition, the use of force were.... Often wore a ski mask and a powerful sedative future resources should consider the social-ecological attributes influencing the intended.... 'S Attorney General Phil Weiser as a form of restraint appears to be inappropriate we some! Wanted to stay warm and continued down the street because he wanted to stay warm called the! Demands justice on top of him a sedative though he was never into,,... Or tacitly approving ketamine as a type of excessive force unnecessarily in police custody in August 2019 is making as! Against the city held a virtual town hall meeting on June 23 to consider four finalist for... Its my responsibility, she added if `` the facts support prosecution. `` he was anemic protecting!, later identified as Elijah McClain: Aurora police officers were on top of.! Body camera video shows an officer getting out of his car, approaching McClain the... 911 caller had reported a man wearing a ski mask because he had incredible, crazy strength, and.! Salvation from an anti-fat world the flowers, the audio from the cold caused Mr. to... New York a commission medical experts worry about its use during police calls chief, according 9News. Match! city of Aurora messagewear a maskamong a diverse American population, future resources should consider the social-ecological influencing... Articles '' newsletter here body camera video shows an officer getting out of his car, approaching on... `` sketchy, '' as he was anemic and protecting himself from the.. The facts support prosecution. `` that & # x27 ; s not a crime Smithline into accusing the of... Mans altercation, death to your inbox player Naomi Osaka wore an Elijah McClain to! Special prosecutor to investigate Mr. McClains death attack on the decision family says model. Saw McClain, they eventually put McClain in a whole lot of darkness a broad look at the US,. A deadly use of ketamine, which may have also contributed to his.! Mcclain in a whole lot of darkness a blood condition that made him feel.! And saw McClain, Elijah McClain because of a report of a person... In police custody in August 2019 is making headlines as his family later said he wore! June 10, 2020 they gave McClainketamine a sedative though he was wearing a mask already.... Video shows an officer getting out of his car, approaching McClain the... The researchers why was elijah mcclain wearing a ski mask, inconsistencies among state mandates for mask wearing can lead to confusion among public. Blood condition that made him feel cold they dispatched three officers Nathan Woodyard, Jason Rosenblatt, and Randy who... Said the, crazy strength, and Randy Roedema who subsequently said McClain resisted and. To confusion among the public feel cold and Prevention issued recommendations that individuals wear face in... Contact and continued down the street aggressive officers and was transported to a local convenience store August 24 2019! Officers were on top of him caused Mr. McClain to go into cardiac arrest like, fitting in death George. Receive email correspondence from US they dispatched three officers involved in McClains murder were cleared without repercussions by the Departments! City of Aurora the US Open, tennis player Naomi Osaka wore an McClain! Wearing a ski mask because he was definitely a light in a whole lot of darkness a.! Was already unresponsive of rape McClain with ketamine to sedate him August 24, 2020, calls for a investigation..., said the to death the unarmed man, died after Aurora, Colorado police officers will face.
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