August 12, 2020 • No Comments • National News

DNY59/iStockBy IVAN PEREIRA, ABC News

(AURORA, Colo.) — The family of Elijah McClain filed a lawsuit against the city of Aurora, Colorado, on Tuesday that accuses several officers and paramedics of violating the 23-year-old’s civil rights and negligently causing his death nearly a year ago.

Attorneys for the family contend the city hasn’t done enough to discipline the officers and paramedics involved in an Aug. 24, 2019, incident that led to McClain’s death on Aug. 30, three days after doctors pronounced him brain dead and he was removed from life support.

McClain is said to have shouted, “I can’t breathe,” while officers, responding to a recent 911 call about a “suspicious person,” put him in a chokehold during an arrest. McClain later went into cardiac arrest and was hospitalized.

“Even though Elijah had committed no crime and the police had absolutely no reason to suspect that he had, APD officers subjected Elijah to a lengthy, torturous use of force for 18 minutes — 15 of which Elijah was handcuffed and lying on the ground,” Mari Newman, the family’s attorney, said in a statement.

A spokeswoman for Aurora said in a statement to ABC News that the city is reviewing the suit and is unable to comment at this time.

The suit names 16 total defendants, including the city, which stands accused of working to justify the actions of first responders who injected McClain with a powerful sedative after he vomited at the scene. Among 13 cops named in the lawsuit are four former officers who took and shared photos in October mocking a memorial at the site of the incident.

McClain had gone to a convenience store to buy a soft drink and was wearing a ski mask, which he often wore, his family said, because he had anemia, a blood condition that makes some people feel cold more easily.

A caller to 911 reported a suspicious person and referred to McClain as “sketchy,” but added “he might be a good person or a bad person,” according to the suit.

“The caller assured the 911 operator that he had not seen Elijah with any weapons, and that neither he nor anyone else was in danger,” the suit said.

Officers Nathan Woodyard, Jason Rosenblatt and Randy Roedema stopped McClain on his way home, and one of the officers is heard in a body camera footage telling him that he was “being suspicious.” McClain told the officers he was going home and they grabbed him.

“Upon seeing Elijah, they observed that he was Black, and although he exhibited no suspicious behavior, the officers nonetheless elected to contact him and almost immediately decided to use force against him,” the lawsuit said.

The suit contends that the officers threw McClain against a brick wall even though he wasn’t aggressive toward them. Woodyard and Rosenblatt placed McClain’s neck in a carotid hold, and he began to vomit. The officers ultimately handcuffed him and waited for other officers and paramedics to arrive.

Aurora Fire Rescue paramedic Jeremy Cooper and Lt. Peter Cichuniec injected McClain with ketamine to calm him down without properly vetting his condition, the suit contends.

“AFR Defendants compounded Elijah’s worsening medical condition by giving him a dangerous overdose of ketamine, which, combined with the acidosis caused by the excessive force, caused Elijah’s death,” the suit said.

The suit also charges the city with suppressing public protests against the police in light of McClain’s death. Attorneys cited a June 27 incident in which officers in riot gear deployed pepper spray and used batons on people holding a “violin vigil” in honor of McClain, who played the instrument.

No charges were brought against the officers involved in the incident, but they were placed on administrative leave. Colorado Gov. Jared Polis appointed state Attorney General Phil Weiser as a special prosecutor in June to investigate Elijah McClain’s death.

Three of the officers who took and shared the photos at the memorial site were fired in July. The fourth officer resigned.

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August 12, 2020 • No Comments • National News

DenGuy/iStockBy JON HAWORTH, ABC News

(RALEIGH, N.C.) — The first dog to test positive for COVID-19 in North Carolina has died.

The dog, who had been demonstrating signs of respiratory distress, was brought to the NC State Veterinary Hospital on Aug. 3 at approximately 6 p.m. after the owner noticed the onset of distress earlier in the day.

The dog ended up succumbing to the acute illness and the owner alerted staff at the veterinary hospital that a member of the family had previously tested positive for COVID-19 but was later tested negative.

According to the North Carolina Department of Health and Human Services (NCDHHS), samples from the animal were then collected to be tested for the novel coronavirus and sent to the National Veterinary Services Laboratories where the dog was confirmed to have had COVID-19.

“A necropsy was performed to try to determine the animal’s state of health at the time of death and the cause of death, and the complete investigation is ongoing,” said the NCDHHS in a press release.

The family along with state health officials from NCDHHS and the North Carolina Department of Agriculture and Consumer Services were immediately notified of the positive result.

According to the Charlotte Observer, citing a spokeperson from NC State University, the dog was identified as an 8-year-old Newfoundland but the release from NCDHHS did not identify the dog or information about the owners and where the family lived.

“There is no indication at this time that dogs can transmit the virus to other animals, so there is no justification in taking measures against companion animals that may compromise their welfare,” said State Veterinarian Dr. Doug Meckes.

The CDC says that there is currently no evidence that pets play a significant role in the spreading of COVID-19.

“Based on the information available, the risk of animals spreading the virus to people is considered to be low,” said Dr. Carl Williams, State Public Health Veterinarian.

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August 11, 2020 • No Comments • National News

iStock/MUC1968BY: KARMA ALLEN

(NEW YORK) — Seattle’s police chief resigned late Monday in the wake of protests against police brutality and a recent Seattle City Council vote to defund her department by 14%.

Carmen Best announced her shocking retirement in an email to staff, saying it was a “difficult decision,” but the department formally announced her departure in a press conference Tuesday afternoon.

“I’m sad to leave in some ways but you know when it’s time it’s time,” Best told reporters. “You will always be in my heart. You are without a doubt the best police department in the country.”

“What is important is you have remained committed to being the best to continuously improving and innovating,” she added.

Best, who made history when she became the city’s first Black female police chief in 2018, said the resignation would be effective Sept. 2. She had been with the department for 28 years.

Seattle Mayor Jenny Durkan became emotional as she praised Best, calling her “the model for what we need.”

“She loves the city she served. She loves the department and her officers. She has fought to keep her officers safe and healthy and get them the resources they need to do their jobs,” Durkan said. “She has been a role model for so many women, especially young black women and girls. She does it always such grace was such a great sense of humor in such a great deep humility.”

She said called her departure a “deep loss for our city,” especially during the ongoing civil unrest happening throughout the city and across the nation.

She noted that Best helped the city grapple with a global pandemic “that’s getting worse” and guided it through “a civil rights reckoning that has made our nation, our state and our city confront, acknowledge and begin to truly address the generational harms caused by systemic racism.”

The mayor also criticized the city council for targeting Best with budget cuts while refusing to make cuts to their own salaries or other departments.

Durkan has appointed deputy chief Adrian Diaz as interim police chief. He has been in law enforcement for more than 20 years.

The announcement came came just hours after the city’s council voted to reduce the department’s spending plan by 14%, far below the 50% reduction that some council members had advocated for.

Approval of the measure first came with an 7-1 vote on several amendments introduced by the council that included cutting the pay of top police officers and eliminating the Navigation Team and SWAT unit.

Best and Durkan had both urged the council to delay the budget cuts until 2021.

“I definitely think it’s personal, but with that said, I’m stepping out of the way and doing what a real leader would do and focusing on what’s going to help the organization and the wheel forward,” Best said. “The council gave us $1.6 million to make sure that we hired the best and the brightest and the most diverse and brought them on and less than a year later, we’re gonna just turn them all away.”

“It feels very duplicitous and, honestly, I just, I have my convictions I cannot do that,” she added.

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August 11, 2020 • No Comments • National News

iStock/MelpomenemBY: KARMA ALLEN

(WASHINGTON) — Downtown Chicago’s expressways and bridges reopened on Tuesday as business owners and emergency workers rushed to recover in the wake of widespread looting and violence.

City officials had placed the area on lockdown, restricting access to residents and business owners, following hours of looting and vandalism that damaged businesses and resulted in more than 100 arrests, according to police.

Thirteen officers were injured, including a sergeant who was attacked with a bottle, and at least two civilians were shot during the unrest after midnight Sunday, as hundreds overran the city’s upscale Magnificent Mile shopping district and surrounding areas with vandalism and violence, authorities said.

The travel restrictions lifted early Tuesday morning, but city officials said it would be a while for things to go back to normal with broken glass, trash and debris still strewn about the streets in some areas.

Much of the unrest happened along the Magnificent Mile, one of the city’s most-popular tourist attractions, where looters were seen stuffing vehicles with shopping bags full of stolen merchandise and store equipment.

ATM machines were compromised, cash registers were stolen and at least one bank was broken into, police said.

The unrest came as a triple blow for businesses that are struggling to stay afloat amid the ongoing COVID-19 pandemic. Some business were targeted by looters earlier this summer in the wake of anti-racism and police brutality protests.

Lightfoot said this week’s criminal activity had nothing to do with “legitimate” organized protests and described it as “an assault on our city.” Lightfoot has repeatedly knocked down calls for federal intervention.

“Again, no, we do not need federal troops in Chicago, period, full stop,” Lightfoot told reporters Monday.

Black Lives Matter Chicago claimed those involved were actually protesting.

About 200 protesters gathered outside a police station in the South Loop Monday night for a “solidarity rally” for those arrested, noting that they had been protesting against police brutality.

Investigators acknowledged the unrest started after inaccurate reports online about an unarmed juvenile being shot by police in the Englewood area. The shooting victim was actually a 20-year-old man who allegedly opened fire on police while being chased, authorities said.

“The mayor clearly has not learned anything since May, and she would be wise to understand that the people will keep rising up until the [Chicago Police Department] is abolished and our Black communities are fully invested in,” Black Lives Matter Chicago said in a statement. “When protesters attack high-end retail stores that are owned by the wealthy and service the wealthy, that is not ‘our’ city and has never been meant for us.”

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