Aurora is choosing its next police chief carefully while the case of Elijah McClain won’t go away

Commander Marcus Dudley, Jr. is a 23-year veteran of APD and holds a B.A. in business economics from Bethany College in Lindsborg, KS. He has managed the APD investigations bureau and been commander of patrol district 2. He currently manages APD’s internal affairs bureau.

BY FREDA MIKLIN - GOVERNMENTAL REPORTER

Recent issues at the Aurora Police Department Before the circumstances surrounding the death of George Floyd in Minneapolis on May 25 while in police custody ignited a national movement related to the treatment of African-Americans by police officers, there was the case of 23-year-old Elijah McClain in Aurora, Colorado. In August 2019, McClain died while in the custody of the Aurora Police Department (APD) after a number of questionable actions, including a chokehold by officers whose body cameras fell off while scuffling with the 140-pound McClain. Police were originally called by someone who thought McClain wearing a ski mask in the summer was suspicious. He was not alleged to have committed any wrongdoing before police approached him. A subsequent investigation by Adams County District Attorney Dave Young concluded that no charges could be filed against any of the police officers involved in McClain’s apprehension that led to his untimely death. In a recent interview, Young asserted that it was not possible to charge any of the officers because the coroner was unable to determine a specific cause of death. Some facts are known, including that McClain, who was unarmed, was administered ketamine, a strong tranquilizer used for horses, by first responders after he was in custody and handcuffed. McClain suffered cardiac arrest while being transported to the hospital after the incident and never regained consciousness. Nick Metz, then the Aurora police chief, retired two months later, in October 2019. His deputy, Paul O’Keefe, who was expected to become the interim chief, also decided to retire at the end of 2019 after he was found to have been involved in the controversial decision not to investigate or charge APD officer Nate Meier with DUI in March 2019 when Meier was found passed out on duty in uniform with his gun in his running patrol car. Meier was later reported to have more than five times the legal blood alcohol content. He served a lengthy suspension, but could not be fired under department rules applicable to the circumstances of how the original event was handled. The questions surrounding McClain’s death have received newfound attention following the death of George Floyd in Minneapolis. On June 26, in response to a growing outcry from around the country, Governor Jared Polis designated Colorado Attorney General Phil Weiser to act as a special prosecutor and re-investigate McClain’s death. Search for new police chief Vanessa Wilson, the first woman to have risen to the rank of division chief at APD, became interim police chief on January 1, while the city, with the help of Bob Murray and Associates, proceeded in a nationwide search for a permanent chief. After applications were reviewed from 31 individuals seeking the position, six people were interviewed. A virtual town hall meeting was held on June 23 to introduce the four finalists for the position to the community. The next police chief of the City of Aurora, Colorado will be selected from among Interim APD Chief Vanessa Wilson, APD Commander Marcus Dudley, Jr., Second-in-command of the Baltimore County, MD Police Department Alex Jones, and Assistant Dallas, Texas Police Chief Avery Moore. Asked how they would increase the number of minority officers in APD (it is 76 percent Caucasian), Wilson said she would have the police chief be able to choose candidates for the academy from Aurora’s Explorers program for young people interested in law enforcement. Dudley agreed and also emphasized the need for citizen involvement including recruiting at community events. Moore suggested recruiting from local universities and having minorities recruit minorities, women recruit women, etc. Jones said that in Baltimore they have a cadet program that is very successful. Describing their vision for APD during their first six months as chief, Jones said he would focus on risk management, noting that Aurora has paid out $5 million in lawsuits in the past three years for use of force, illegal stops, and bias. He said, “If we can predict those things, we can prevent them. We should have policies consistent with (newly passed) Senate Bill 217.” Dudley said citizens want APD to review and examine its use of force policies and that should be done. He also said he would develop a strategic plan that “we can all get on board with and meets the needs of the community.” Moore would “look at how officers are deployed,” and make sure policies are “current and reflect best practices for use of force, vehicle chases, and foot chases.” He would also look at the use of technology in the department because it allows “intelligent policing.” Wilson said, “I hit the ground running six months ago. We had a loss of trust issue. I started dealing with the Nate Meier (officer who was drunk on duty) incident so it was clear to all that no one is above the law. I made that change immediately. In the Elijah McClain case, the body cams came off and that is not OK. We bought the best body-cam retention system available and made it mandatory that every officer wears them. I have already employed a de-escalation technique as outlined in SB217.” The candidates were asked what areas they would look toward if they were asked to cut the department’s budget, a realistic scenario given the coronavirus pandemic’s impact on city sales tax revenues. Dudley said the cut would have to come from personnel, since it comprises 87 percent of APD’s budget. Jones felt that training was priority one and should not be cut. He recommended that “we talk about whether officers should be responding to mental health calls.” Moore went further, saying “I don’t think officers need to respond to medical calls, animal control, or homelessness. It’s not illegal be homeless. If that’s defunding the police. I think it’s OK and it makes sense. Sometimes the presence of police raises the temperature of the situation.” Wilson said that as current interim chief, she had “already been asked to prepare 3, 5, and 10 percent budget cuts. We are looking at a $45 million shortfall, but we don’t want to go backwards. We have developed a co-responder process where we go out with a therapist and the safety net is available. Unless we’re going to have mental health people on duty 24/7, at 2:00 am when someone is suicidal or an autistic child is having an emergency, it will be us until we know someone is available. In my cuts, I suggested we delay academy” (for new trainees), noting support staff was essential to sworn personnel. The two-hour town hall was recorded and can be viewed in full on auroratv.org. The city has been getting community input through multiple sources. A final recommendation will be made by the city manager in July which must be confirmed by a vote of the Aurora City Council. Fmiklin.villager@gmail.com

Vanessa Wilson is a 23- year veteran and current interim police chief of APD. She was APD’s first female division chief and has been metro division chief over the investigations bureau and the special operations bureau, as well as patrol operations division chief. Wilson holds a B.A. in humanities from the University of Wyoming in Laramie and has completed three FBI training courses.

This is a family photo of Elijah McClain, 23 at the time of his death last summer.

Colonel Alexander D. Jones is a 25-year veteran and second in command of the Baltimore County, MD Police Dept. He holds a B.S. in business administration from the University of Hartford in West Hartford, CT and an M.S. in criminal justice from Ashworth College in Norcross, GA.

Avery L. Moore is a 29-year veteran and assistant police chief of the Dallas, TX Police Department, responsible for the investigations and tactical bureaus. He holds a B.A. in criminal justice from Cameron University in Oklahoma and a master’s degree in management from the University of Phoenix in Dallas.