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Tag: autopsies

  • A timeline of Elijah McClain's death and the trials of the officers and paramedics accused of wrongdoing | CNN

    A timeline of Elijah McClain's death and the trials of the officers and paramedics accused of wrongdoing | CNN



    CNN
     — 

    Three police officers and two paramedics have faced juries on charges of manslaughter and criminally negligent homicide stemming from the 2019 death of Elijah McClain in Aurora, Colorado.

    But the path to court was anything but straightforward.

    McClain, a 23-year-old massage therapist, was confronted by police officers on August 24, 2019, after someone reported seeing a person wearing a ski mask who “looks sketchy.” After officers wrestled him to the ground and paramedics injected him with a potent sedative, McClain suffered a heart attack on the way to a hospital and died days later, authorities said.

    Prosecutors initially declined to bring charges in his death, but the case received renewed scrutiny following the nationwide Black Lives Matter protests in spring 2020. Colorado Gov. Jared Polis appointed a special prosecutor to reexamine the case, and in 2021 a grand jury indicted three officers and two paramedics in McClain’s death.

    The defendants have now faced juries in three separate trials in 2023, to different results. Officer Randy Roedema was found guilty of criminally negligent homicide and assault, while officers Jason Rosenblatt and Nathan Woodyard were acquitted of all charges. Paramedics Jeremy Cooper and Peter Cichuniec will soon learn their fate.

    Here’s a timeline of McClain’s death, the resulting investigation, the protests that brought renewed attention to the case and the criminal trials.

    Three White officers stopped McClain in Aurora on August 24, 2019, while he was walking home from a convenience store in the Denver suburb after 10:30 p.m., according to a police overview of the incident.

    Carrying iced tea in a plastic bag, McClain eventually was in a physical struggle with the officers after, police say, he resisted arrest.

    Early in the encounter, an officer told McClain to stop, and when McClain kept walking, two officers grabbed his arms, the overview reads. McClain says, “Let me go … I’m an introvert, please respect the boundaries that I am speaking,” according to body camera footage from one of the officers.

    After an officer asked him to cooperate so they could talk, McClain tells officers he had been trying to pause his music so he could hear them, and tells them to let him go, the overview reads.

    Eventually, one officer is heard telling another that McClain tried to grab his gun.

    All three officers tackled McClain to the ground, and Woodyard placed him in a carotid hold – in which an officer uses their biceps and forearm to cut off blood flow to a subject’s brain – police said in the overview document. McClain briefly became unconscious, and Woodyard released the hold, the document reads, citing the officers.

    Body camera video of the encounter shows McClain at some point saying he couldn’t breathe.

    Because the hold was used, department policy compelled the officers to call the fire department for help, authorities said. Aurora Fire Rescue paramedics arrived and saw McClain on the ground and resisting officers, the overview says.

    Paramedic Cooper diagnosed McClain with “excited delirium” and decided to inject him with the powerful sedative ketamine, the overview says.

    McClain suffered a heart attack on the way to a hospital, authorities said. Three days later, he was declared brain-dead and taken off life support.

    The Adams County coroner’s office submitted an autopsy report on November 7, stating the cause and manner of death were “undetermined.” The report cited the scene investigation and examination findings as factors leading to that conclusion.

    Roughly two weeks later, the Adams County district attorney, Dave Young, declined to file criminal charges against any of the first responders. In a letter to the Aurora police chief on November 22, Young referred to the undetermined cause of death as one of the factors.

    “The evidence does not support a conclusion that Mr. McClain’s death was the direct result of any particular action of any particular individual,” Young wrote. “Under the circumstances of this investigation, it is improbable for the prosecution to prove cause of death beyond a reasonable doubt to a jury of twelve. Consequently, the evidence does not support the prosecution of a homicide.”

    Also on November 22, after the district attorney’s decision, Aurora police released the officers’ body camera videos.

    “We certainly recognize and understand that this has been an incredibly devastating and difficult process for them over these last several weeks,” then-Police Chief Nick Metz said.

    A police review board concluded that the use of force against McClain, including the carotid hold, “was within policy and consistent with training.”

    City officials announced on February 6 they would hire an independent expert to review the case.

    George Floyd, a 46-year-old Black man, was fatally restrained by police in Minneapolis, Minnesota, on May 25. Bystander video of the encounter sets off outrage and leads to widespread protests, including in Aurora, under the Black Lives Matter movement.

    In early June, the three officers who confronted McClain were assigned to administrative duties, primarily due to safety concerns because police and city employees were receiving threats, a police spokesperson said.

    On June 9, Aurora police and city officials announced changes to police policies, including a ban on carotid holds.

    Ten days later, Gov. Polis signed police accountability legislation into law, requiring all officers to use activated body cameras or dashboard cameras during service calls or officer-initiated public interactions. The measure also barred officers from using chokeholds.

    Polis also signed an executive order appointing Colorado Attorney General Phil Weiser to investigate McClain’s case, the governor announced on June 25. More than 2 million people had signed a petition urging officials to conduct a new investigation.

    Demonstrators carried a giant placard during protests on June 27, 2020, outside the police department in Aurora.

    On June 27, protesters in the Aurora area gathered on Highway 225, temporarily shutting it down in a demonstration calling for justice in McClain’s death.

    On June 30, the US attorney’s office for Colorado, the US Department of Justice’s civil rights division and the FBI’s Denver division announced they have been reviewing the case since 2019 for potential federal civil rights violations.

    Aurora police on July 3 fired two officers who they say snapped selfie photographs at McClain’s memorial site, located where he was killed, while they were on duty.

    Officer Rosenblatt also was fired, with police saying he received the photo in a text and replied, “ha ha,” and did not notify supervisors. The photos were taken on October 20, 2019.

    A third officer seen in the photos resigned days before a pre-disciplinary hearing, police said.

    On July 20, the Aurora City Council approved a resolution for an independent investigation of McClain’s death to proceed.

    A mural of Elijah McClain, painted by Thomas

    The McClain family filed a federal civil rights lawsuit against the city of Aurora on August 11.

    “Aurora’s unconstitutional conduct on the night of August 24, 2019, is part of a larger custom, policy, and practice of racism and brutality, as reflected by its conduct both before and after its murder of Elijah McClain, a young Black man,” the lawsuit stated.

    On the same day, Aurora city officials announced the police department would undergo a “comprehensive review” by external experts on civil rights and public safety.

    Aurora city officials released a 157-page report on February 22, detailing the findings of the independent investigation it commissioned into McClain’s death.

    The report asserted that officers did not have the legal basis to stop, frisk or restrain McClain. It also criticized emergency medical responders’ decision to inject him with ketamine and rebuked the police department for failing to seriously question the officers after the death.

    01 elijah mcclain

    Elijah McClain’s mom has watched the bodycam video ‘over and over’

    Sheneen McClain, Elijah’s mother, cried while reading the report.

    “It was overwhelming knowing my son was innocent the entire time and just waiting on the facts and proof of it,” Sheneen McClain told CNN at the time. “My son’s name is cleared now. He’s no longer labeled a suspect. He is actually a victim.”

    Elijah McClain’s father said the report only confirmed what the family already knew. “The Aurora police and medics who murdered my son must be held accountable,” LaWayne Mosley said after the report’s release.

    In response to the report, city officials began work on establishing an independent monitor to scrutinize police discipline, Aurora City Manager Jim Twombly said.

    “I believe the investigative team has identified the issue that is at the root of the case: the failure of a system of accountability,” Twombly said after the report’s release.

    On September 1, the state attorney general announced a grand jury indicted officers Roedema, Rosenblatt and Woodyard and paramedics Cichuniec and Cooper.

    Each was charged with manslaughter and criminally negligent homicide as part of a 32-count indictment.

    The five people charged in the case are (clockwise, from top left): Randy Roedema, Nathan Woodyard, Jeremy Cooper, Peter Cichuniec and Jason Rosenblatt.

    Roedema and Rosenblatt also were indicted on one count of assault and one count of crime of violence. Cooper and Cichuniec were further indicted on three counts of assault and six counts of crime of violence.

    “Our goal is to seek justice for Elijah McClain, for his family and friends and for our state,” Weiser, the state attorney general, said. “In so doing, we advance the rule of law and our commitment that everyone is accountable and equal under the law.”

    The charges brought McClain’s parents to tears. “I started crying because it’s been two years,” Sheneen McClain said. “It’s been a long journey.”

    “Nothing will bring back my son, but I am thankful that his killers will finally be held accountable,” Mosley, his father, said through the attorney’s release.

    On September 15, the Colorado attorney general’s office released a 112-page report that found the Aurora police had a pattern of practicing racially biased policing, excessive force, and had failed to record legally required information when interacting with the community. The report also found the police department used force against people of color almost 2.5 times more than against White people.

    The state investigation also revealed the fire department had a pattern and practice of administering ketamine illegally, the attorney general’s office said.

    The state attorney general’s office and the city of Aurora agreed November 16 on terms of a consent decree to address the issues raised in the office’s report two months earlier.

    On November 19, the city finalized an agreement to pay $15 million to McClain’s family to settle the federal civil rights lawsuit.

    The cause of death in McClain’s case was changed in light of evidence from the grand jury’s investigation, according to an amended autopsy report publicly released September 23.

    The initial autopsy report had said the cause of death was undetermined. But the amended report listed “complications of ketamine administration following forcible restraint” as the cause of death.

    The manner of death remained undetermined in the amended report.

    “Simply put, this dosage of ketamine was too much for this individual and it resulted in an overdose, even though the blood ketamine level was consistent with a ‘therapeutic’ concentration,” pathologist Dr. Stephen Cina wrote in the amended autopsy report. “I believe that Mr. McClain would most likely be alive but for the administration of ketamine.”

    Cina could not determine whether the carotid hold contributed to the death, but “I have seen no evidence that injuries inflicted by the police contributed,” he wrote.

    On September 20, Roedema and Rosenblatt, two of the officers who arrested McClain, stood trial on charges of manslaughter, criminally negligent homicide and assault.

    Prosecutors said they used excessive force on McClain, failed to follow their training and misled paramedics about his health status. In contrast, defense attorneys placed blame on McClain for resisting arrest and on the paramedics who treated him.

    Roedema was found guilty of criminally negligent homicide and assault. Rosenblatt was acquitted of all charges.

    On October 16, the third officer, Woodyard, stood trial on charges of reckless manslaughter and criminally negligent homicide. Like in the earlier trial, prosecutors argued he used excessive force on McClain, while defense attorneys argued the force was necessary and blamed the paramedics.

    Woodyard was found not guilty on all charges.

    McClain’s mother Sheneen told CNN affiliate KUSA she no longer has faith in the justice system after Woodyard’s acquittal.

    “It lets us down, not just people of color, it lets down everybody,” she said. “They don’t do the right thing, they always do the bare minimum.”

    Cooper and Cichuniec, the paramedics who treated McClain, stood trial on charges of reckless manslaughter and criminally negligent homicide.

    Both paramedics testified they believed McClain was experiencing “excited delirium” during his confrontation with Aurora police officers, and their treatment protocol was to administer a ketamine dose they believed was safe and would not kill a person.

    Prosecutors said the paramedics “didn’t take any accountability for any single one of their actions” while testifying at their trial.

    “They both stood there while Elijah got worse and worse and did nothing,” Colorado Solicitor General Shannon Stevenson said. “They are both responsible.”

    Cooper and Cichuniec were found guilty of criminally negligent homicide Friday.

    Cichuniec was also found guilty of a second-degree unlawful administration of drugs assault charge.

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  • One officer who arrested Elijah McClain convicted of criminally negligent homicide; second officer acquitted | CNN

    One officer who arrested Elijah McClain convicted of criminally negligent homicide; second officer acquitted | CNN



    CNN
     — 

    Randy Roedema, one of the Aurora, Colorado, police officers who arrested Elijah McClain, an unarmed 23-year-old Black man who died after he was subdued by police and injected with ketamine by paramedics in 2019, was found guilty of criminally negligent homicide and assault by a jury on Thursday.

    At the same time, a second officer, Jason Rosenblatt, was acquitted of all charges against him, including reckless manslaughter and assault.

    The jury reached a verdict after deliberating for 16 hours over two days.

    Rosenblatt hugged both of his attorneys and wiped away tears after his verdict was announced. He also hugged members of Roedema’s family.

    Reid Elkus, an attorney for Roedema, comforted the officer’s wife after the verdict, saying, “He may not go to jail.” Roedema’s sentencing has been scheduled for January 5.

    “He’s OK. He’s OK. It’s not mandatory,” Elkus told Roedema’s wife.

    In a statement following the verdicts, Aurora Police Department Chief Art Acevedo said on X, formerly known as Twitter, “As a nation, we must be committed to the rule of law. As such, we hold the American judicial process in high regard.”

    “We respect the verdict handed down by the jury, and thank the members of the jury for their thoughtful deliberation and service,” he added. “Due to the additional pending trials, the Aurora Police Department is precluded from further comment at this time.”

    In closing arguments of the weekslong trial on Tuesday, prosecutors said Roedema and Rosenblatt used excessive force, failed to follow their training and misled paramedics about his health status.

    The officers “chose force at every opportunity,” instead of trying to de-escalate the situation as they’re trained, prosecutor Duane Lyons told the court.

    Meanwhile, defense attorneys placed blame on the paramedics and on McClain himself.

    Roedema and Rosenblatt both pleaded not guilty to charges of reckless manslaughter and assault in connection with McClain’s death. Rosenblatt was fired by the police department in 2020 and Roedema remains suspended.

    Rosenblatt’s attorney, Harvey Steinberg, painted his client as a “scapegoat” and said it’s the paramedics’ responsibility to evaluate a patient’s medical condition. Roedema’s attorney, Don Sisson, said his client’s use of force was justified because McClain resisted arrest. He said McClain had been given 34 commands to either “stop” or “stop fighting.”

    The case focused on the events of August 24, 2019, when officers responded to a call about a “suspicious person” wearing a ski mask, according to the indictment. The officers confronted McClain, a massage therapist, musician and animal lover who was walking home from a convenience store carrying a plastic bag with iced tea.

    In an interaction captured on body camera footage, police wrestled McClain to the ground and placed him in a carotid hold, and paramedics later injected him with the powerful sedative ketamine. He suffered a heart attack on the way to a hospital and was pronounced dead three days later.

    Prosecutors initially declined to bring charges, but the case received renewed scrutiny following the nationwide Black Lives Matter protests in spring 2020. Colorado Gov. Jared Polis appointed a special prosecutor to reexamine the case, and in 2021 a grand jury indicted three officers and two paramedics in McClain’s death.

    A third officer, Nathan Woodyard, and two paramedics who treated McClain, Jeremy Cooper and Peter Cichuniec, are set to go on trial in the coming weeks. They have also pleaded not guilty.

    The trial began last month and featured testimony from Aurora law enforcement officers who responded to the scene as well as from doctors who analyzed how McClain died. The defense did not call any witnesses.

    The prosecution played body-camera footage of the arrest and said the footage showed officers used excessive force for no reason. McClain repeatedly said he couldn’t breathe, yet the officers did not tell that to anyone on the scene.

    “His name was Elijah McClain, and he was going home. He was somebody. He mattered,” prosecutor Lyons began his argument Tuesday afternoon.

    A key focus of the trial was analysis of how McClain died and whether the officers’ actions caused his death.

    The jury heard from a pulmonary critical care physician who testified he believed the young man would not have died if the paramedics had recognized his issues and intervened.

    Dr. Robert Mitchell Jr., a forensic pathologist who reviewed McClain’s autopsy, testified the cause of death was “complications following acute ketamine administration during violent subdual and restraint by law enforcement, emergency response personnel.” He testified there was a “direct causal link” between the officers’ actions and McClain’s death.

    Meanwhile, defense attorneys argued there was no evidence the officers’ actions led to his death, and instead pointed to the ketamine injection.

    Though an initial autopsy report said the cause of death was undetermined, an amended report publicly released in 2022 listed “complications of ketamine administration following forcible restraint” as the cause of death. The manner of death was undetermined.

    Dr. Stephen Cina, the pathologist who signed the autopsy report, wrote he saw no evidence injuries inflicted by police contributed to McClain’s death, and McClain “would most likely be alive but for the administration of ketamine.”

    In the prosecution’s rebuttal, Jason Slothouber told the court while the officers did not inject McClain with the ketamine, their failure to protect McClain’s airway allowed him to become hypoxic then acidotic, and that’s what made the ketamine so dangerous to McClain.

    Officers didn’t provide accurate information to the paramedics when they arrived on scene, and in doing so they “failed Elijah McClain,” Slothouber said.

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  • Lisa Marie Presley died of complications from prior weight-loss surgery, autopsy report shows | CNN

    Lisa Marie Presley died of complications from prior weight-loss surgery, autopsy report shows | CNN



    CNN
     — 

    A report by the Los Angeles County Medical Examiner states Lisa Marie Presley’s death in January was caused by a “sequelae of a small bowel obstruction.”

    A small bowel obstruction is a blockage in the small intestine, often because of things like scar tissue, a hernia or cancer. Without surgery, it can cause bowel tissue to die or perforate, leading to death.

    Presley’s autopsy report, obtained by CNN on Thursday, included the official opinion of deputy medical examiner Dr. Juan M. Carrillo, who attributed her small bowel obstruction to “adhesions (or, scar tissue) that developed after bariatric surgery years ago. This is a known long term complication of this type of surgery.”

    Carrillo also stated that he reviewed the autopsy toxicology results, which showed “therapeutic” levels of oxycodone in Presley’s blood – i.e., levels that are in the range of medically helpful, and not dangerous. He added that quetapine metabolite (used to treat depression, schizophrenia or manic episodes) and buprenorphine (a painkiller that can also be used to treat opioid addiction) were present but “not contributory to death.”

    “There is no evidence of injury or foul play. The manner of death is deemed natural,” Carrillo concluded.

    Dr. Michael Camilleri, a consultant and professor in the Division of Gastroenterology and Hepatology at the Mayo Clinic, told CNN on Thursday that the medications found in Presley’s may “have slowed down the motility of the intestine and would have made it perhaps more likely” for it to get “obstructed by the adhesions.”

    “Unfortunately, adhesions can happen to anybody,” he added. “And just because there were these other medications on board doesn’t necessarily mean that the person was more prone to develop the complications.”

    Lisa Marie Presley, the only daughter of the late Elvis Presley and Priscilla Presley, died hours after being hospitalized following an apparent cardiac arrest on January 12. The medical examiner’s report also detailed that she was complaining of abdominal pain on the morning of her death.

    Dr. Folasade P. May, associate professor of medicine at the David Geffen School of Medicine at UCLA and director of the Melvin and Bren Simon Gastroenterology Quality Improvement Program, told CNN Thursday that she suspects Presley “developed a cardiac arrest because she had a severe complication from the small bowel obstruction.” Neither doctor interviewed by CNN for this report was directly involved in Presley’s case.

    She was 54.

    Video shows Lisa Marie Presley on the Golden Globes red carpet

    “Priscilla Presley and the Presley family are shocked and devastated by the tragic death of their beloved Lisa Marie,” the family said in a statement at the time. “They are profoundly grateful for the support, love and prayers of everyone, and ask for privacy during this very difficult time.”

    Lisa Marie Presley’s last public appearance just days before her death was at the Golden Globe Awards, which she attended with her mother to support the Baz Luhrmann film “Elvis,” about her late father.

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  • Family of environmental activist killed while protesting ‘Cop City’ files lawsuit against Atlanta in search for answers | CNN

    Family of environmental activist killed while protesting ‘Cop City’ files lawsuit against Atlanta in search for answers | CNN



    CNN
     — 

    The family of an environmental activist killed while protesting a planned law enforcement training facility in Atlanta earlier this year has filed a lawsuit against the city, seeking the release of records to aid in their search for answers about what led to the fatal shooting.

    “We’re here because Manuel Paez Terán’s family wants answers,” Jeff Filipovits, an attorney for the family, told reporters in a news conference Monday. “And we are not getting any answers.”

    The Georgia Bureau of Investigation, which is investigating the shooting, has said officers shot Terán after the activist shot and seriously wounded a state trooper on January 18, 2023, as law enforcement worked to clear protesters from the forested site of the proposed facility, dubbed “Cop City” by opponents who fear it will further militarize police and harm the environment.

    Activists have disputed the GBI’s claim, and the family’s attorneys say an autopsy commissioned by the family and released Monday indicates the activist was seated and had their hands raised when they sustained at least some of the wounds.

    But that autopsy – which notes Terán was shot about a dozen times by ammunition used in handguns and shotguns and could neither prove nor disprove the allegation the activist was armed – “is not enough for us to work backward from it to figure out what happened,” Filipovits said Monday.

    The lawsuit aims to have a Georgia court order the city of Atlanta to turn over police department records the family’s attorneys previously requested, including any images and video or audio recordings related to authorities’ operation on January 18. But those requests have been stymied by what the attorneys and their lawsuit allege is a “coordinated effort” by the state to “prevent public records from being released to Manuel’s family and the public at large.”

    “My heart is destroyed,” Belkis Terán, the mother of the activist, said at Monday’s news conference, adding she is trying to continue her child’s legacy but still lacks the answers she needs. “I want answers for my child’s homicide. I’m asking for answers to my child’s homicide.”

    A spokesperson for the city of Atlanta declined to comment Monday, citing the pending litigation. Reached for comment Monday, the GBI referred CNN to earlier statements. In a news release last week, the agency said its actions were aimed at preventing the “inappropriate release of evidence” to “ensure the facts of the incident are not tainted.” The GBI “continues to work diligently to protect the integrity of the investigation and will turn our findings over to an appointed prosecutor for review and action.” The investigation so far, it added, “still supports our initial assessment.”

    The city initially responded to a January request for information from attorneys by saying the Atlanta Police Department had identified relevant records that would be released on a “rolling basis,” according to Wingo Smith, another attorney representing the family, and the lawsuit. On February 8, the family’s attorneys had received 14 videos from body-worn cameras that were also released to reporters, the lawsuit says.

    On February 13, however, the director of the GBI’s Legal Division sent a letter to the Atlanta police chief asking the department to “withhold those records” related to the GBI’s investigation, the lawsuit says. According to the letter, provided as an exhibit in the family’s lawsuit, the GBI explained the records were evidence in an ongoing investigation, and thus exempt from public disclosure.

    The next day, the state Department of Law sent a letter to the city, according to the lawsuit, and on February 15, Atlanta police sent a revised response to the attorneys, saying it would “not be releasing further footage at this time.”

    The planned police facility – slated to include among other things, a shooting range, a burn building and a mock city – has received fierce pushback from several groups. Among them are residents who feel there was little public input, conservationists who worry it will carve out a chunk of much-needed forest land and activists who say it will militarize police forces and contribute to further instances of police brutality. Those backing the facility say it’s needed to help boost police morale and recruitment efforts.

    Tensions between law enforcement and protesters have continued to rise since Terán’s death, reaching a fever pitch earlier this month when nearly two dozen demonstrators were arrested and charged with domestic terrorism in connection to violent clashes at the site. Authorities said officers and construction equipment were assailed with Molotov cocktails, commercial-grade fireworks, bricks and large rocks.

    Eli Bennett, a defense attorney for some of those charged, claimed his clients had been wrongfully arrested “more than a mile” from those clashes and about “an hour or two” after footage showed demonstrators lobbing fireworks and Molotov cocktails at police.

    “They all deny it,” he added, speaking about his clients. “Police moved in with an overwhelming display of force,” Bennett told CNN about the arrests.

    A makeshift memorial to Terán is seen on February 6, 2023.

    The attorneys on Monday also publicly released the autopsy commissioned by the family and performed by a forensic pathologist, who detailed the numerous gunshot wounds Terán suffered to their feet, legs, abdomen, arms, hands and head.

    Most of the wounds indicate they were caused by handguns, the autopsy notes, though others appear consistent with shotgun ammunition. There were no entrance wounds on Terán’s back, the pathologist wrote, indicating the activist “was facing the multiple individuals who were firing their weapons at him during the entire interval in which the shooting occurred.”

    The wounds, the pathologist writes, “indicate that the decedent was most probably in a seated position, cross-legged, with the left leg partially over the right leg.”

    “At some point during the course of being shot, the decedent was able to raise (their) hands and arms up in front of (their) body, with (their) palms facing towards (their) upper body,” it says.

    “It is impossible to determine if the decedent had been holding a firearm, or not holding a firearm, either before (they were) shot or while (they were) being shot the multiple times.”

    The official autopsy, performed by the DeKalb County Medical Examiner’s Office, has not been released.

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  • ‘Cop City’ protester’s hands were raised when fatally shot by officers, family says | CNN

    ‘Cop City’ protester’s hands were raised when fatally shot by officers, family says | CNN



    CNN
     — 

    A “Cop City” protester’s hands were raised when law enforcement officers who were attempting to clear the site of a planned police and fire training facility near Atlanta opened fire, an autopsy commissioned by the activist’s family found, attorneys say.

    The hands of Manuel Esteban Paez Terán, 26, who was killed in January, showed exit wounds in both palms, according to a news release from attorneys on Friday. “The autopsy further reveals that Manuel was most probably in a seated position, cross-legged when killed.”

    The Georgia Bureau of Investigation has said the officers shot Terán after the activist seriously wounded a state trooper during the move to clear activists from the site.

    Terán was near a planned $90 million, 85-acre law enforcement training facility where opponents had camped out for months in an attempt to halt construction, CNN previously reported.

    Attorneys for the Terán family said they plan to release the private autopsy Monday at a news conference. They claim the GBI, which is investigating the shooting, has not been transparent.

    The activist’s mother, Belkis Terán, flew to Atlanta from Panama to show solidarity with the movement opposing the facility, dubbed “Cop City” by opponents.

    “Imagine the police killed your child. And now then imagine they won’t tell you anything. That is what we are going through,” she said in Friday’s release on the second autopsy.

    The GBI counters such claims, saying it is being careful about not making “inappropriate” releases of information, so as to “preserve the integrity of the investigation and to ensure the facts of the incident are not tainted. The GBI investigation still supports our initial assessment.”

    According to the GBI, Terán opened fire on law enforcement from inside a tent after failing to comply with verbal commands, wounding the trooper. A handgun recovered from the scene matched the projectile from the trooper’s wound, the agency said.

    There is no bodycam footage of the shooting.

    “The GBI cannot and will not attempt to sway public opinion in this case but will continue to be led by the facts and truth,” the agency said. “We understand the extreme emotion that this has caused Teran’s family and will continue to investigate as comprehensively as possible.”

    In a statement late Friday, the GBI said attorneys for the protester’s family incorrectly said the agency conducted the first autopsy. Rather, the GBI said, the DeKalb County Medical Examiner’s Office did the autopsy.

    “The GBI continues to work diligently to protect the integrity of the investigation and will turn our findings over to an appointed prosecutor for review and action,” the statement says.

    Manuel Esteban Paez Terán, 26, was fatally shot by police during a protest over Atlanta's proposed

    The Atlanta Public Safety Training Center is set to be built on a controversial piece of land that used to be a prison farm. Though it’s just outside city limits, that plot of land is owned by the city, meaning residents who live around the site don’t have voting power for the leaders who approved it.

    Those backing the facility say it’s needed to help boost police morale and recruitment efforts. Previous facilities are substandard while fire officials train in “borrowed facilities,” the Atlanta Police Foundation has said. The foundation says the center will focus on “community-oriented” policing.

    But “Cop City” has received fierce pushback since its conception by residents who feel there was little public input, conservationists who worry it will carve out a chunk of much-needed forest land and activists who say it will militarize police forces and contribute to further instances of police brutality.

    Activists associated with protesting the facility have called Terán a “forest defender” working to fight environmental racism. They said Terán identified as nonbinary and was a “sweet, warm, very smart and caring” person. Belkis Terán said if her child had a gun, it was to protect against animals in the woods.

    Twenty-three people arrested last weekend after violent protests at the site were charged with domestic terrorism and all but one were denied bond. Atlanta police say they were “violent agitators” who infiltrated a peaceful protest at the site and conducted a “coordinated attack” on officers and construction equipment.

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  • Bodies of 2 Mexico kidnapping victims expected to be returned to the US for further autopsies, source says | CNN

    Bodies of 2 Mexico kidnapping victims expected to be returned to the US for further autopsies, source says | CNN



    CNN
     — 

    The bodies of two Americans killed in an armed kidnapping in Mexico are expected to be returned to the US on Thursday, a source from the Mexico Attorney General’s Office tells CNN, after two survivors of the attack returned to the US for treatment at a hospital.

    The remains of Shaeed Woodard and Zindell Brown likely will be transported to a funeral home in Brownsville, Texas, a US official familiar with the investigation said. The repatriation would come two days after the bodies were discovered alongside their two surviving friends in a house around the Mexican city of Matamoros.

    Autopsies were completed Wednesday morning in Mexico, an official from the Tamaulipas Prosecutor’s Office told CNN, though Mexican authorities have not released causes of death. Second autopsies will be performed in the US, the US official said.

    CNN has reached out to the US State Department about the repatriation of remains.

    The deceased were part of a group of four friends from South Carolina who had driven Friday into Matamoros so one of them, Latavia Washington McGee, could undergo a medical procedure, two family members told CNN. But their trip was violently interrupted when unidentified gunmen fired on their van, then loaded the Americans into a vehicle and drove them away, the FBI said.

    An innocent Mexican bystander was also killed by a stray bullet almost a block and a half from where the Americans were kidnapped, according to Tamaulipas Gov. Américo Villarreal.

    Survivor Eric Williams was shot three times in the legs, his wife Michele Williams told CNN. When he and McGee were discovered alive Tuesday, Williams was taken to a hospital in Texas for surgery, she said.

    Washington McGee was also taken to the hospital, her mother, Barbara Burgess, told CNN, though Mexican authorities said she was uninjured.

    “She watched them die,” Burgess said, recounting what Washington McGee told her about the kidnapping. “They were driving through and a van came up and hit them, and that’s when they started shooting at the car, shooting inside the van. … She said the others tried to run and they got shot at the same time.”

    Washington McGee and Brown are cousins who were raised together as closely as siblings, Burgess said.

    “He was a good person, and I miss him,” Burgess said of Brown. “I loved him. (There’s) nothing I wouldn’t do for him.”

    Investigators believe the group was targeted by a Mexican cartel who mistook them for Haitian drug smugglers, a US official familiar with the investigation told CNN on Monday, and the kidnapping has renewed attention to efforts by US and Mexican officials to combat organized crime in Mexico.

    During a Wednesday news briefing held by Mexican President Andrés Manuel López Obrador, a government-sponsored fact-checking agency claimed reports of the Americans being mistaken for Haitian drug traffickers are false. The president said “adversaries” in Mexico and the US are attempting to make a “scandal” of the case.

    CNN has reached out to investigators in the US and Mexico, as well as the fact-checking agency.

    Mexican authorities are still investigating the kidnapping. One person, identified as 24-year-old Jose “N,” was detained when the Americans were found Tuesday, according to Villarreal, though officials would not confirm whether he is connected to a criminal organization.

    The kidnapping of the four friends on Friday spurred a days-long investigation by local and federal Mexican officials, who say they were in almost-constant contact with US authorities until the two survivors and the victims’ bodies were finally discovered.

    The four friends had booked a hotel in Brownsville, Texas, and were planning to drive to a doctor’s office in Matamoros on Friday for Washington McGee to undergo a medical procedure, a close friend who did not want to be identified told CNN.

    matamoros mexico kidnapping scene

    Video shows Americans kidnapped in Mexico being loaded into pickup truck

    At about 9:18 a.m. Friday, the group crossed into Matamoros, Villarreal said. But on their way to the clinic, the group became lost and were struggling to contact the doctor’s office for directions due to a poor phone signal, the close friend said.

    Suddenly, another vehicle collided into the group’s van and gunmen began shooting at the group, sending some of the friends running, according to Burgess, who recounted her daughter’s experience. “They all got shot at the same time,” she said.

    A video obtained by CNN shows Washington McGee being shoved onto the bed of a white pickup truck by a group of armed men, who then begin dragging at least two other limp bodies into the truck. Burgess, when asked about the video, said her daughter was treated “like trash.”

    The Americans were then taken from the scene in the vehicle, according to an FBI account of the kidnapping.

    Over the next few days, the groups was moved to several different locations to “create confusion and avoid rescue efforts,” Villarreal said.

    Meanwhile, Mexican investigators were searching for the missing group, sifting through surveillance footage and processing the vehicles and ballistics found at the scene, officials said.

    After noticing the Americans’ van had North Carolina license plates, Mexican authorities reached out to US officials, who were able to run the plates, according to Tamaulipas Attorney General Irving Barrios Mojica. They were also able to identify the gunmen’s truck, he said.

    “Several searches” were then initiated across multiple agencies, and the group was ultimately found in a “wooden house” in or near Matamoros on Tuesday morning, Villarreal said.

    Though US law enforcement were not involved in the search on the ground, federal and local agencies in Mexico were cooperating in the effort and a joint task force was created to communicate with US officials, Barrios Mojica said.

    The fatal kidnapping – and the possibility it was carried out by a cartel – has brought increased attention to ongoing efforts by US and Mexican officials to curb cartel activity that is a primary driver of the fentanyl trade between the countries.

    A US delegation traveled to Mexico this week to “discuss our governments’ ongoing cooperation in combating illicit fentanyl,” a national security council spokesman told CNN Wednesday.

    The visit comes as fentanyl – a potent synthetic opioid – fuels a record number of overdose deaths in the US, with Mexico being the “dominant source” of the drug in the US, according to a government report released last year.

    The delegation plans to address the kidnapping and discuss a “fundamental strategy to attack the cartels,” Department of Homeland Security Secretary Alejandro Mayorkas said Wednesday.

    President Joe Biden promised “strong penalties to crack down on fentanyl trafficking” in his State of the Union address last month. His administration has since sanctioned several cartel members and associated groups for their participation in the drug trade.

    López Obrador said there was “good cooperation” underway between the two countries on anti-drug efforts, but resisted calls from some Republican lawmakers in the US to designate cartels as terrorist organizations, saying it would infringe on Mexican sovereignty.

    “We do not get involved in seeing what the gangs in the United States that distribute fentanyl are doing or how the drug is distributed in the United States,” López Obrador said at his daily news conference in Mexico City.

    Ongoing talks between the US and Mexico are “working in a coordinated manner with respect to sovereignty,” he said.

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  • Tyre Nichols died from ‘extensive bleeding caused by a severe beating’ according to preliminary results of an independent autopsy, lawyer says | CNN

    Tyre Nichols died from ‘extensive bleeding caused by a severe beating’ according to preliminary results of an independent autopsy, lawyer says | CNN



    CNN
     — 

    Tyre Nichols, a Black man who died after a traffic stop in Memphis, Tennessee, suffered “extensive bleeding caused by a severe beating,” according to preliminary results of an independent autopsy commissioned by attorneys for his family.

    Attorney Ben Crump said in a statement that “preliminary findings indicate Tyre suffered extensive bleeding caused by a severe beating, and that his observed injuries are consistent with what the family and attorneys witnessed on the video of his fatal encounter with police on January 7, 2023.”

    Nichols died three days after he was pulled over for alleged reckless driving by Memphis Police Department officers, as CNN previously reported. In a statement, police claimed confrontations ensued between Nichols and officers. After he was taken into custody, police said, Nichols complained he was having shortness of breath and was taken to a local hospital, where he later died.

    After viewing body-worn camera footage of the incident on Monday, family attorney Antonio Romanucci said Nichols was “defenseless the entire time. He was a human piñata for those police officers. It was an unadulterated, unabashed, non-stop beating of this young boy for three minutes.”

    Five police officers, all of whom are Black, and two members of the city’s fire department were fired in the wake of Nichols’ death.

    Video of the incident could be released this week or next week, Shelby County District Attorney Steve Mulroy told CNN’s Laura Coates Tuesday night, but he wants to make sure his office has interviewed everyone involved before releasing the video so it doesn’t have an impact on their statements.

    “A lot of the people’s questions about what exactly happened will, of course, be answered once people see the video,” Mulroy said, noting he believes the city will release enough footage to show the “entirety of the incident, from the very beginning to the very end.”

    Prosecutors are trying to expedite the investigation and may be able to make a determination on possible charges “around the same time frame in which we contemplate release of the video,” Mulroy said.

    Officials have not released Nichols’ autopsy. CNN has asked Crump for a copy of the independent autopsy, but he said the full report is not yet ready.

    The January 10 death of Nichols, 29, follows a number of recent, high-profile cases involving police using excessive force toward members of the public, particularly young Black men.

    “It is appalling. It is deplorable. It is heinous,” Crump said Monday after viewing the body-worn camera video with Nichols’ family. “It is violent. It is troublesome on every level.”

    “What I saw on the video today was horrific,” said Rodney Wells, Nichols’ stepfather. “No father, mother should have to witness what I saw today.”

    Ravaughn Wells, Nichols’ mother, was unable to get through viewing the first minute of the footage, Crump said, after hearing Tyre ask, “What did I do?” At the end of the footage, Nichols can be heard calling for his mother three times, the attorney said.

    Crump, who was joined by Nichols’ mother, stepfather, grandmother and aunt at a news conference, said the family described Nichols as “a good kid” who enjoyed skateboarding, photography and computers.

    The Tennessee Bureau of Investigation is investigating Nichols’ death and the US Department of Justice and FBI have opened a civil rights investigation.

    The Memphis Police Department initially said there was a confrontation after Nichols was pulled over and he “fled the scene on foot.” Officers chased him and there was another confrontation before Nichols was taken into custody, the police said in a statement on social media.

    “Afterward, the suspect complained of having a shortness of breath, at which time an ambulance was called to the scene. The suspect was transported to St. Francis Hospital in critical condition,” officials said.

    Nichols fled from the police, his stepfather said, because he was afraid.

    Family members and supporters hold a photograph of Tyre Nichols at a news conference in Memphis, Tennessee, Monday.

    “Our son ran because he was scared for his life,” Wells said Monday. “He did not run because he was trying to get rid of no drugs, no guns, no any of that. He ran because he was scared for his life. And when you see the video, you will see why he was scared for his life.”

    The fire department employees who were fired were part of Nichols’ “initial patient care,” and were relieved of duty “while an internal investigation is being conducted,” department Public Information Officer Qwanesha Ward told CNN’s Nadia Romero. Ward did not give more details, saying she could not comment further because of the ongoing investigation.

    Asked Tuesday what those fire department employees did or didn’t do, Romanucci told CNN there were “limitations” on how much he could say.

    He added, “During a period of time before the EMS services arrived on scene, fire is on scene. And they are there with Tyre and the police officers prior to EMS arriving.”

    Pictured are top, from left, former officers Justin Smith, Emmitt Martin III and Desmond Mills and, bottom, from left, Demetrius Haley and Tadarrius Bean.

    The Memphis Police Department last week identified the officers terminated as Tadarrius Bean, Demetrius Haley, Emmitt Martin III, Desmond Mills, Jr., and Justin Smith.

    “The egregious nature of this incident is not a reflection of the good work that our officers perform, with integrity, every day,” Chief Cerelyn Davis said at the time.

    The Memphis Police Association, the union representing the officers, declined to comment on the terminations beyond saying that the city of Memphis and Nichols’ family “deserve to know the complete account of the events leading up to his death and what may have contributed to it.”

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  • Draft GOP autopsy of 2022 midterms urges candidates to stop ‘rehashing old grievances’ | CNN Politics

    Draft GOP autopsy of 2022 midterms urges candidates to stop ‘rehashing old grievances’ | CNN Politics



    CNN
     — 

    A draft Republican autopsy report on the party’s worse-than-expected showing in the 2022 midterm elections urges GOP candidates to move past complaints about how the 2020 and 2022 elections were run – a clear criticism of former President Donald Trump, who continues to falsely claim his loss was a result of widespread voter fraud.

    The report does not mention Trump, the leading contender for the GOP’s 2024 presidential nomination, by name.

    But it takes direct aim at his grievances over the 2020 presidential election and false claims of widespread voter fraud in 2022.

    Voters’ distaste for relitigating those elections, the draft report states, is among “the obvious lessons of the 2022 election cycle.”

    “The Republican candidates in 2022 who delivered results and had a vision for the future did much, much better than those stuck in the past and rehashing old grievances,” the draft report says.

    CNN obtained a portion of the draft report, which was expected to be circulated this week at a Republican National Committee meeting in Oklahoma City – however, a source familiar with the presentation said it was likely to be scuttled following reports of its contents.

    The draft report was first reported by The Washington Post.

    Some GOP officials bristled at the upbeat nature of the report – and the notable lack of Trump mentions – which was commissioned before the former president widened his lead in 2024 primary polling.

    The report urges Republican candidates to offer an “aspirational message” that contrasts with President Joe Biden on issues such as taxes, school choice and border security, and to move past complaints about previous elections.

    “America has always been a nation focused on the future. The American people want to move forward and rarely, if ever, are concerned about what happened in the past. The balance of survey data makes it clear that voters are done with the 2020 and 2022 elections. They have no patience for endless conversations relitigating previous elections from Democrats and Republicans,” the draft report states. “Those who don’t heed that lesson from 2022 will be more likely to lose in 2024 and successive cycles.”

    The draft report describes “election integrity” as critical, but it also urges Republican campaigns to focus on tactics that Trump and some 2022 candidates eschewed, including mail-in voting.

    “Republican campaigns must push our supporters to vote early in person or by mail. Republicans cannot continue to give Democrats a head start,” the draft report says.

    Trump and a slew of Trump-backed Republican candidates who lost in 2022 – including Arizona gubernatorial nominee Kari Lake and Senate candidate Blake Masters and Pennsylvania GOP nominee for governor Doug Mastriano – had campaigned on claims of voter fraud. Lake has still not conceded the Arizona governor’s race.

    “Republicans have only won the popular vote once in the last eight presidential elections. Clearly, something is not working for us,” the draft report says.

    It also describes the Supreme Court’s June 2022 decision in Dobbs v. Jackson Women’s Health Organization to overturn Roe v. Wade’s federal protections of abortion rights as politically damaging in the midterm elections.

    “It is true: We underestimated the impact of Dobbs, and we failed to defend our position on the sanctity of life even though more Americans agree with us than with Democrats,” the draft report says. “Democrats will continue to engage on this issue, so we must learn our lesson.”

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  • Man accused of killing Cash App founder Bob Lee intends to plead not guilty next week, his attorney says | CNN Business

    Man accused of killing Cash App founder Bob Lee intends to plead not guilty next week, his attorney says | CNN Business



    CNN
     — 

    Nima Momeni, the man accused of killing Cash App founder Bob Lee in San Francisco, intends to plead not guilty next week, his attorney said.

    Momeni was to be arraigned on a murder charge Tuesday but that was put off until May 2 after defense attorney Paula Canny asked for more time to prepare.

    Canny told reporters after the hearing that her client also will deny the special allegation of using a knife in the crime.

    Lee, who cofounded the mobile payment service provider Cash App, was stabbed to death in the Rincon Hill neighborhood early on April 4.

    Authorities have said Momeni, 38, of Emeryville, California, and Lee knew each other and they were in a vehicle shortly before the stabbing.

    The district attorney’s office has indicated that the stabbing may have been premeditated.

    “This is a person who was in his vehicle with a kitchen knife,” San Francisco District Attorney Brooke Jenkins said earlier this month. “That’s not something most of us carry around at all times with us.”

    Canny said she believes she has evidence to support Momeni’s innocence.

    The attorney says she has seen surveillance videos in the case but is still awaiting police reports and the full autopsy report. “I don’t think you can see anything” in the video, Canny said.

    Jenkins said Tuesday autopsy reports typically take about 60 days and, in this case, the report is not yet ready.

    “We believe that we have sufficient evidence to prove beyond a reasonable doubt that Mr. Momeni murdered Bob Lee,” Jenkins said.

    Canny told station KNTV nearly two weeks ago that there is a “much greater back story” than what has been disclosed.

    California Secretary of State records indicate that Momeni has been the owner of an IT business. He has been held without bail since his arrest nearly two weeks ago.

    Canny said she believes her client is not a danger to the community or a flight risk and will push for bail to be set. Jenkins disagreed. “Certainly somebody that we believe committed murder is an extreme threat to public safety.”

    About 20 of Momeni’s family members, including his two teenage children, were in court for the hearing.

    Documents from the district attorney’s office have laid out what authorities say preceded the stabbing.

    A motion to detain document cites a witness interviewed by police and security camera footage, offering a detailed timeline of where Lee and Momeni were.

    A witness, described as a close friend of Lee’s, said he went over to an apartment after being invited by Lee on April 3, where Lee was drinking with a woman later identified as Momeni’s sister, the document states.

    The witness told police the woman was married but her “relationship was possibly in jeopardy,” and the witness was unsure whether the woman and Lee had an intimate relationship, according to the document. Lee later told the witness that they were going to go to his hotel room, where he invited the woman but she declined.

    While at the hotel room, the witness said Lee was having a conversation with Momeni, which involved Momeni saying he was picking up his sister from the apartment Lee and the witness were previously at, according to the document. Momeni asked Lee “whether his sister was doing drugs or anything inappropriate,” the document states. Lee had told Momeni nothing inappropriate happened, according to the document.

    After the conversation with Momeni, Lee and the witness went to Lee’s apartment until about 12:30 a.m. on April 4, when Lee left, the document says.

    Surveillance footage shows Momeni arriving at his sister’s apartment building in a white BMW around 8:30 p.m. on April 3, and later shows Lee entering the building around 12:39 a.m. on April 4. A little after 2 a.m., security footage shows Lee and Momeni entering an elevator together and getting into Momeni’s BMW. Additional footage from the area shows the two driving in the car together.

    Video then shows the BMW drive to a “dark and secluded area” on Main Street, just out of view for the video to see the interaction between the two men, per the document.

    Eventually, the two subjects, who are unidentifiable by their faces but seem to be wearing the same clothing, appear back in frame. After about five minutes, the subject wearing a white-colored top, consistent with what Momeni appeared to be wearing, “suddenly move(s) toward the other subject,” the document says. The two subjects then separate.

    The subject in dark-colored clothing, who authorities believe to be Lee, walks northbound, while the subject in the light-colored clothing walks south and stops along a fence, where a knife was ultimately recovered, the document says. The BMW then “leaves at a high rate of speed,” the document states.

    An autopsy later found Lee was “stabbed three separate times, once in the hip and twice in the chest,” according to the documents. One of the stab wounds “directly penetrated” Lee’s heart, causing his death.

    A kitchen knife was found near the scene, District Attorney Jenkins said in a news conference, adding the department had “proof beyond a reasonable doubt that (Momeni) committed murder.”

    On April 11, investigators found a text message from Momeni’s sister to Lee that showed the sister checking in on Lee, according to the motion to detain document. The text message, per the document, stated: “Just wanted to make sure your doing ok Cause I know nima came wayyyyyy down hard on you And thank you for being such a classy man handling it with class.”

    Meanwhile, additional details in an August 2022 incident involving a woman and Momeni were made available in a police report, the San Francisco Chronicle reported Monday.

    Police in Emeryville cited and released Momeni on a misdemeanor battery charge after a woman reported he attacked her, the newspaper reported, citing documents obtained in a public records request. CNN has requested the documents and reached out to Emeryville police.

    The woman, whose name was redacted from the report, and Momeni reportedly got into an argument the afternoon of August 1, 2022, according to the police report.

    Momeni denied the allegation when questioned by responding officers.

    The woman told police that Momeni was prone to behavior shifts, the Chronicle reported, telling them that “one minute he will be fine and the next he will go off for no reason.”

    In a statement to CNN on Monday, Momeni’s attorney Canny said, “It is only a police report.”

    “There was no arrest. There was no case filed – the Alameda County District Attorney refused to prosecute,” she said.

    The Alameda County District Attorney’s office confirmed to CNN last week it did not file charges but declined to say why or give more detail.

    In the police report, the woman said she met Momeni a week earlier and he allowed her to stay on his couch in exchange for cleaning the residence, the Chronicle says, adding she told officers that she and Momeni were not dating.

    The woman told police that earlier in the day, she had been in the loft’s kitchen when Momeni came downstairs and yelled for her to collect her belongings and leave, the Chronicle reports.

    “Momeni forcefully grabbed her right upper arm and her right side waist area,” Officer Johnson wrote in the report, according to the Chronicle. “He then pushed her against a counter.”

    He denied the allegation to police, according to the newspaper, and a roommate told police that he didn’t see violence and that the woman appeared to be the aggressor.

    Momeni told officers he wanted to pursue charges against the woman for pushing him the day before when they had also argued, the report says, according to the Chronicle.

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