El oficial de policía de Aurora, Randy Roedema, fue declarado culpable de homicidio por negligencia criminal y agresión en tercer grado por un jurado de 12 personas.
Un jurado condenó ayer jueves 1 de octubre del 2023 a un oficial de policía del área de Denver en el estado de Colorado , Estados Unidos por homicidio y absolvió otro de todos los cargos por la muerte en 2019 de Elijah McClain, un hombre negro al que los paramédicos sujetaron por el cuello, lo inmovilizaron en el suelo y le dieron una sobredosis del sedante ketamina. .
El oficial de policía de Aurora, Randy Roedema, fue declarado culpable de homicidio por negligencia criminal y agresión en tercer grado por un jurado de 12 personas.
El mismo jurado de 12 personas encontró al oficial Jason Rosenblatt inocente.
Roedema, que mantuvo la cabeza gacha después de leer el veredicto, enfrenta hasta tres años de prisión por el cargo de homicidio más grave.
Rosenblatt abrazó a sus seguidores mientras salía de la corte.
La madre de McClain escuchó el veredicto desde la primera fila, donde el fiscal general Phil Weiser tenía su mano sobre su hombro.
Sheneen McClain mantuvo su mano derecha en alto en un puño mientras salía de la sala del tribunal. Expresó su decepción por el veredicto.
“Estos son los estados divididos de Estados Unidos, y eso es lo que sucede”, dijo mientras se alejaba del tribunal.
McClain había sido detenido por la policía tras un informe de persona sospechosa mientras caminaba a casa desde una tienda de conveniencia.
Su nombre se convirtió en un grito de guerra en las protestas por la injusticia racial en la actuación policial.
Roedema y Rosenblatt fueron acusados de homicidio involuntario, homicidio por negligencia criminal y agresión en segundo grado, todos delitos graves.
Sin embargo, al entrar en deliberación, se pidió al jurado que considerara una forma menor de agresión para Roedema, de la que fue declarado culpable.
Un tercer oficial de Aurora, que aplicó la sujeción del cuello, y dos paramédicos fueron acusados de cargos similares, pero los paramédicos tienen más cargos.
El juicio del oficial comienza hoy viernes 13 de octubre del 2023 con la selección del jurado y el juicio de los paramédicos está programado para finales de este año 2023
Roedema y otro oficial que no fue acusado sujetaron a McClain mientras los paramédicos le administraban ketamina
El abogado de Rosenblatt había señalado durante el juicio que él no estaba cerca de McClain en ese momento del enfrentamiento.
Los fiscales alegaron que Rosenblatt sujetó las piernas de McClain cuando estaba en el suelo, pero se alejó poco antes de que le administraran el sedante mientras Roedema sujetaba el hombro y la espalda de McClain.
Roedema, el mayor de los tres oficiales, a menudo era visible en las imágenes de la cámara corporal que se mostraban una y otra vez a los miembros del jurado.
A veces parecía estar indicando a otros qué hacer.
Los abogados de ambos acusados señalaron la ketamina como la causa de la muerte de McClain.
El abogado de Roedema dijo que los agentes se vieron obligados a reaccionar cuando McClain se resistió y supuestamente tomó el arma de uno de los agentes, una afirmación que los fiscales cuestionaron.
Don Sisson, abogado defensor de Roedema, dijo que los agentes tuvieron que actuar en el momento para protegerse.
“No pudieron ver el video una y otra vez durante tres semanas antes de actuar”, dijo el martes 10 de octubre del 2023 durante sus declaraciones finales.
Mientras se leía el veredicto dividido, la esposa de Roedema se inclinó hacia adelante en su asiento con la cabeza gacha mientras la esposa de Rosenblatt le daba palmaditas en la espalda.
Sisson declinó hacer comentarios después de que se emitió el veredicto.
El juez Mark Warner fijó la sentencia para el 5 de enero de 2024.
Los tres agentes acusados fueron los primeros en llegar al lugar y los que derribaron a McClain.
Al menos tres agentes no acusados participaron en la inmovilización de McClain en algún momento durante el enfrentamiento.
Una de ellas, la oficial Alicia Ward, testificó como testigo de cargo que sostuvo sus nudillos en la parte posterior de la cabeza de McClain y estaba dispuesta a aplicarle presión.
Pero dijo que no sentía que fuera necesario porque no consideraba a McClain una amenaza en ese momento.
Inicialmente, el caso no recibió amplia atención, pero las protestas por el asesinato de George Floyd al año siguiente provocaron indignación por la muerte de McClain.
Sus palabras suplicantes capturadas en las imágenes de la cámara corporal: “Soy introvertido y soy diferente“, tocaron una fibra sensible.
En 2019, un fiscal local decidió no presentar cargos penales porque la oficina forense no pudo determinar exactamente cómo murió el masajista de 23 años.
Pero el gobernador de Colorado, Jared Polis, ordenó a la oficina del fiscal general estatal, Phil Weiser, que examinara de nuevo el caso en 2020, y los agentes y paramédicos fueron acusados formalmente en 2021 por un gran jurado.
Los asesinatos de McClain, Floyd y otros desencadenaron una ola de legislación que puso límites al uso de sujeciones por el cuello en más de dos docenas de estados
Colorado ahora les dice a los paramédicos que no administren ketamina a personas sospechosas de tener una condición controvertida conocida como delirio excitado, que tiene síntomas que incluyen un aumento de fuerza que se ha asociado con prejuicios raciales contra los hombres negros.
El jefe de policía de Aurora, Art Acevedo, dijo que el departamento respetó el veredicto del jurado y agregó que “debemos estar comprometidos con el estado de derecho”.
Roedema y Rosenblatt no testificaron en su defensa en el juicio.
Sus abogados culparon de la muerte de McClain a la ketamina, que según los médicos fue lo que finalmente lo mató.
Sin embargo, los fiscales argumentaron que la moderación de McClain por parte de los oficiales contribuyó.
El Fiscal General Adjunto Jason Slothouber dijo a los miembros del jurado que Roedema y Rosenblatt también alentaron a los paramédicos a darle ketamina a McClain, describiéndolo con síntomas de delirio excitado que habían aprendido durante el entrenamiento.
Pero dijo que los agentes no les dijeron nada sobre las quejas de McClain de que no podía respirar, algo que, según los fiscales, sucedió seis veces.
Sheneen McClain se sentó con abogados del estado en la primera fila de la sala del tribunal durante el juicio, como parte de su búsqueda para recordarle al jurado, mayoritariamente blanco, que su hijo era una persona real.
Observó cómo se reproducía el encuentro una y otra vez junto con fotografías gráficas de su autopsia.
Durante el testimonio que duró tres semanas, los testigos se limitaron a ofrecer lo que “percibieron” que alguien estaba haciendo o diciendo en el video.
Los videoclips no siempre proporcionaban una imagen completa de lo que estaba sucediendo, pero el juez Mark Warner dijo que los miembros del jurado eran los únicos que podían decidir lo que querían decir, como cualquier otra prueba.
McClain fue detenido el 24 de agosto de 2019 mientras escuchaba música y llevaba una máscara que cubría la mayor parte de su rostro. Pidió que lo dejaran en paz y no había sido acusado de cometer ningún delito.
El encuentro se intensificó rápidamente, con los oficiales Nathan Woodyard, Roedema y Rosenblatt tirando a McClain al suelo, y Woodyard sujetándolo por el cuello y presionando contra su arteria carótida, dejándolo temporalmente inconsciente.
Los oficiales dijeron a los investigadores que derribaron a McClain después de escuchar a Roedema decirle a otro oficial: “Agarró tu arma”.
La declaración inicial se escuchó en las imágenes de la cámara corporal, pero es difícil ver exactamente lo que sucedió.
McClain sufrió un paro cardíaco de camino al hospital y fue declarado muerto tres días después.
El médico que realizó la autopsia de McClain, Stephen Cina, dijo que murió por complicaciones de la ketamina y señaló que ocurrió después de la inmovilización forzada.
Sin embargo, Cina no pudo decir si la muerte fue un homicidio o un accidente o si las acciones de los oficiales contribuyeron a la muerte de McClain.
El Dr. Roger Mitchell, otro patólogo forense que revisó la autopsia y el video de la cámara corporal, descubrió que sus acciones sí influyeron.
Randy Roedema y Elijah Mccain
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