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Polis order again clarifies scope of state prosecutor’s investigation into Elijah McClain’s death

DENVER – Colorado Gov. Jared Polis issued another executive order Wednesday that again amends the scope of Attorney General Phil Weiser’s investigation into the actions surrounding Elijah McClain’s death after an amendment last month caused some people to think Weiser would not be able to prosecute law enforcement officers.

Under the original scope of the investigation, which was ordered in June, Weiser, who was appointed as state prosecutor, could investigate “any potential criminal activity by law enforcement officers or any other individuals that caused the death of Elijah McClain in Aurora Colorado in August 2019.

Polis’ Nov. 10 amended executive order changed the scope of the investigation to say Weiser could investigate “offenses arising from the August 24, 2019 encounter with Elijah McClain and/or his subsequent death, and, if deemed necessary, prosecute any persons for such offenses.”

Some took the change – including the removal of the words “law enforcement

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Governor makes another amendment to Elijah McClain executive order

DENVER (KDVR) — Gov. Jared Polis made another amendment Wednesday to the executive order that launched a special investigation, spearheaded the state Attorney General Phil Weiser, into the death of Elijah McClain.

“Some technical changes were made to the Executive Order three weeks ago. While those changes broadened the scope of the Attorney General’s authority to prosecute wrongdoing, they were taken by some in the wrong way and were hurtful to others, which was far from the intent. This amendment incorporates language from the original Executive Order and maintains the expansion of prosecutorial authority given to the Attorney General,” a press release from Polis’ office said.

“The intent is and always has been to allow the Attorney General to conduct a complete and impartial investigation of this matter,” said Jacki Cooper Melmed, Chief Legal Counsel to the Governor.

The governor’s amendment includes language clarifying the AG’s ability to prosecute law

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Polis revises Elijah McClain executive order to restore reference to potentially prosecuting police

Provided by McClain family

Elijah McClain

Gov. Jared Polis made a second revision Wednesday to his executive order directing Attorney General Phil Weiser to investigate the death of Elijah McClain, acknowledging previous tweaks to the order’s language “were taken by some in the wrong way and were hurtful to others.”

The newly revised order restores language that directly refers to the possibility of prosecuting police officers in connection with McClain’s death.

McClain, 23, died in August 2019 after being placed in a chokehold by Aurora police, then sedated by paramedics. Prosecutor Dave Young declined to criminally charge the officers or paramedics involved in McClain’s death, but on June 25, as pressure mounted and national attention grew, Polis appointed Weiser as a special prosecutor.

The original order gave Weiser the authority to investigate and prosecute “any potential criminal activity by law enforcement officers or any other individuals that caused the death

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