With ketamine blamed for causing McClain’s death, it will be difficult for prosecutors to convince jurors that the police officers are responsible for his death, said Hermann Walz, a defense lawyer and former prosecutor and adjunct professor at John Jay College of Criminal Justice.
Except for when officers thought McClain had grabbed for one of their guns, Smith said there was no legal justification for using force against McClain. McClain, using earbuds, kept walking down the street, as he carried a plastic bag and his phone. Within ten seconds, Woodyard put his hands on McClain, turning him around. As McClain tried to escape his grip, Woodyard said, “Relax, or I’m going to have to change this situation.”
As the officers restrained him, one of them put him in a neck hold that stops the flow of blood to the brain. Paramedics later arrived and gave him ketamine, which at the time was legal to give to people showing erratic behavior.
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