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Officers put on leave over photos tied to Elijah McClain

AURORA, Colo. (AP) - Multiple police officers in suburban Denver have been placed on paid leave during an investigation into photos that emerged of them near where Elijah McClain died last summer after three white officers stopped the Black man as he walked down the street and one put him into a chokehold.

Meanwhile, federal authorities announced Tuesday that they have been reviewing McClain's death to see if a civil rights investigation is warranted and will also look at whether one is needed in the case of the photos.

In a joint statement, the Colorado U.S. Attorney's Office, the U.S. Justice Department's Civil Rights Division and the FBI said the review began last year and was ongoing. The Justice Department usually does not comment on investigations until they are complete, but the announcement noted that 'œthere are specific cases in which doing so is warranted if such information is in the best interest of the public and public safety."

The interim police chief of the city of Aurora, Vanessa Wilson, announced the internal police investigation into the photos Monday night. In a statement, she said the suspended officers were 'œdepicted in photographs near the site where Elijah McClain died.'ť She did not provide more details about what the images show or how many officers were on leave.

The two photos were taken near where police stopped the 23-year-old on Aug. 24, 2019, as they responded to a report of a suspicious person walking down the street wearing a face mask, said Officer Matthew Longshore, an Aurora police spokesman. The pictures were not taken during the fatal run-in, Longshore said.

McClain's death generated new attention after the death of George Floyd stirred worldwide protests over racial injustice and police brutality. Floyd died on May 25 after a white Minneapolis police officer pressed his knee into the handcuffed Black man's neck for nearly eight minutes.

In McClain's case, police body-camera video shows an Aurora officer getting out of his car, approaching McClain and saying, 'œStop right there. Stop. Stop. ... I have a right to stop you because you're being suspicious.'ť

In the video, the officer turns McClain around and repeats, 'œStop tensing up.'ť As McClain tries to escape the officer's grip, the officer says, 'œRelax, or I'm going to have to change this situation.'ť

As other officers join to restrain McClain, he begs them to let go and says, 'œYou guys started to arrest me, and I was stopping my music to listen.'ť

Aurora police have said McClain refused to stop walking and fought back when officers tried to take him into custody. The officers used a chokehold that cuts off blood to the brain - a tactic recently banned in several places following Floyd's death.

In the video, McClain tells officers: 'œLet go of me. I am an introvert. Please respect the boundaries that I am speaking.'ť

Paramedics administered 500 milligrams of a sedative to calm him down, police have said. He was on the ground for 15 minutes as several officers and paramedics stood by. McClain, a massage therapist and self-taught violinist, suffered cardiac arrest and was later declared brain dead and taken off life support.

A forensic pathologist could not determine what exactly led to his death but said physical exertion during the confrontation likely contributed.

An officer reported the photos to the department's internal affairs division Thursday. Wilson said she learned of the investigation that day and ordered investigators to make it their top priority.

The investigation was completed Monday and the results, including the photos, will be made public after police officials give a review and Wilson makes a decision on how to respond, Longshore said. The chief's decision could be appealed by the officers under investigation, which would delay the results being released, he said.

McClain's family said the photos were a 'œnew low'ť for the department.

'œThis is a department where officers tackled an innocent young black man for no reason, inflicted outrageous force - including two carotid chokeholds - for fifteen minutes as he pled for his life, joked when he vomited, and threatened to sic a dog on him for not lying still enough as he was dying,'ť the family said in a statement.

The three officers who stopped McClain did not face any criminal charges after an investigation by the district attorney, but Democratic Gov. Jared Polis directed Colorado Attorney General Phil Weiser last week to reopen the investigation and possibly prosecute them.

Police have been criticized for wearing riot gear and using pepper spray against some people at a protest Saturday over McClain's death, which included a violin vigil, but have denied allegations of using tear gas. Wilson defended her officers' response to what she described as a group of agitators at an otherwise peaceful protest.

'œWho didn't do it the right way were those agitators who were arming themselves, that were putting on helmets and gas masks and throwing rocks at my officers,'ť Wilson told KUSA-TV.

FILE - In this June 2, 2020, file photo, interim Aurora Police Chief Vanessa Wilson and Jay B. confer as protesters march north on South Chambers Road during a peaceful protest against police brutality following the death of George Floyd in Aurora, Colo. Multiple suburban Denver police officers have been placed on paid administrative leave amid an investigation into photos of them related to the case of a Black man who died last summer after he was stopped and restrained, police said Monday, June 29. Wilson said in a statement that the suspended officers were "depicted in photographs near the site where Elijah McClain died." But her statement did not provide more details about what the images show. (Philip B. Poston/The Aurora Sentinel via AP, File) The Associated Press
FILE - In this June 27, 2020, file photo, Sheneen McClain speaks during a rally and march over the death of her 23-year-old son, Elijah McClain, outside the police department in Aurora, Colo. Multiple suburban Denver police officers have been placed on paid administrative leave amid an investigation into photos of them related to the case of a Black man who died last summer after he was stopped and restrained, police said Monday, June 29, 2020. The interim police chief of the city of Aurora, Vanessa Wilson, said in a statement that the suspended officers were "depicted in photographs near the site where Elijah McClain died." But her statement did not provide more details about what the images show. (AP Photo/David Zalubowski, File) The Associated Press
A placard is displayed on a bicycle during a rally and march over the death of 23-year-old Elijah McClain, Saturday, June 27, 2020, outside the police department in Aurora, Colo. McClain died in late August 2019, after he was stopped while walking to his apartment by three Aurora Police Department officers. (AP Photo/David Zalubowski) The Associated Press
Officers in riot gear guard the police department Saturday, June 27, 2020, in Aurora, Colo., during a rally and march over the death of Elijah McClain. McClain was a 23-year-old Black man put into a chokehold by police last year. He suffered cardiac arrest on the way to the hospital and was later declared brain dead and removed from life support. (AP Photo/David Zalubowski) The Associated Press
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