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Prosecutor Says He Can’t Prove ‘Tragic and Unnecessary’ Death of Elijah McClain Was Homicide

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There are new calls for charges in the death of 23-year-old massage therapist Elijah McClain, but according to District Attorney Dave Young there is not enough evidence to support a homicide case.
There are new calls for charges in the death of 23-year-old massage therapist Elijah McClain, but according to District Attorney Dave Young there is not enough evidence to support a homicide case.
“Elijah McClain’s death was both tragic and unnecessary,” said the prosecutor, who oversees state cases out of the 17th Judicial District in Colorado, in a statement obtained by CBS Denver. “Nevertheless, as set forth in the letter, my role in reviewing the evidence is limited to an assessment of whether criminal charges should be filed against any person involved in the death of Elijah McClain. The forensic evidence revealed that the cause of death was undetermined. Specifically, the pathologist who conducted the autopsy stated that he was unable to conclude that the actions of any law enforcement officer caused Mr. McClain’s death. In order to prove any form of homicide in the State of Colorado it is mandatory that the prosecution prove that the accused caused the death of the victim. For those reasons, it is my opinion that the evidence does not support the filing of homicide.”
McClain died after a violent encounter with Aurora police in Colorado on August 24, 2019.

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