Your title is incorrect/misleading. The Guv is starting ANOTHER investigation. This means it’s at least the SECOND probe into the shooting.
I went to another source
Last August, police officers in Aurora, Colorado, approached 23-year-old Elijah McClain as he walked home from a convenience store. The Aurora Police Department later said that a 911 caller had reported a “suspicious person” in a ski mask, and that when officers confronted McClain — who was not armed and had not committed any kind of crime — he “resisted arrest.” In the 15 minutes that followed, the officers tackled McClain to the ground, put him in a carotid hold, and called first responders, who injected him with ketamine. He had a heart attack on the way to the hospital, and died days later, after he was declared brain dead.
Body Cam: the ADP did not release it to the public until late November, months after McClain’s death. In the footage, an officer can be heard admitting McClain had done nothing illegal prior to his arrest; another accuses McClain of reaching for one of their guns. McClain, meanwhile, can be heard asking the officers to stop, explaining that they started to arrest him as he was “stopping [his] music to listen.” He gasps that he cannot breathe. He tells them his name, says he has ID but no gun, and pleads that his house is “right there.” He sobs, and vomits, and apologizes: “I wasn’t trying to do that,” he says. “I just can’t breathe correctly.” One of the officers can also be heard threatening to set his dog on McClain if he “keep[s] messing around,” and claiming he exhibited an extreme show of strength when officers tried to pin back his arms.
Very little of the officers’ protocol can be seen, however, because all of their body cams allegedly fell off during the arrest. But if you watch the video from about the 15-minute mark (warning: the footage contains violent and upsetting content), you’ll see someone pick up the body camera and point it toward McClain and one of the officers, before dropping it back into the grass. Around 15:34, one of the officers seems to say, “Leave your camera there.”
Sounds like the cops used excessive force and then the paramedics killed him.
District Attorney Dave Young informed Aurora police chief Nick Metz in a letter that, “Based on the investigation presented and the applicable Colorado law, there is no reasonable likelihood of success of proving any state crimes beyond a reasonable doubt at trial. Therefore, no state criminal charges will be filed as a result of this incident.”
The DA is probably correct considering current law that protects police from inept execution. Perhaps we need consequences that are consequential but less severe than murder beyond a reasonable doubt.