A Colorado appeals court on Thursday reversed the homicide convictions of two paramedics involved in the 2019 death of Elijah McClain, a 23-year-old Black man who was forcibly restrained by police and injected with a fatal dose of ketamine. The court ordered new trials for Jeremy Cooper and Peter Cichuniec, both Aurora Fire Rescue paramedics.
Background of the Case
McClain was stopped by police while walking home from a convenience store in Aurora, Colorado, in response to a suspicious person complaint. He was placed in a neck hold and forcibly restrained before paramedics administered ketamine. His final words, "I can't breathe," echoed a year later during the death of George Floyd, and McClain's name became part of the 2020 social justice protests across the United States.
Rare Criminal Charges
Criminal charges against paramedics and emergency medical technicians in police custody cases are uncommon. The prosecution sent shock waves through the first responder community, raising questions about the use of ketamine to subdue struggling suspects. Alex Piquero, a criminologist at the University of Miami, noted that the new trials could influence first responders' decisions in similar situations.
Previous Convictions and Sentences
In 2023, a jury found Cooper and Cichuniec guilty of criminally negligent homicide after a weeks-long trial. Cichuniec was also found guilty of second-degree felony assault. He was sentenced to five years in prison but was released early in 2024 after a judge reduced his sentence to four years of probation. Cooper received 14 months in jail with work release and probation.
Appeals Court Ruling
The appeals court upheld Cichuniec's assault conviction but found errors in the jury instructions regarding the criminally negligent homicide charges. Thursday's ruling sends the cases back to a lower court for a new trial on that charge. Colorado Attorney General Phil Weiser announced plans to appeal the decision, stating, "Bringing these cases to trial was the right thing to do for justice, for Elijah McClain, and for healing in the Aurora community."
Related Cases
An Aurora police officer was convicted of homicide and third-degree assault in McClain's death, while two other officers were acquitted. The case continues to draw attention to police and paramedic practices during arrests.
