A Colorado appeals court on Thursday reversed the criminally negligent homicide convictions of two Aurora Fire Rescue paramedics, Jeremy Cooper and Peter Cichuniec, in the 2019 death of Elijah McClain. The court ordered new trials for both men on the homicide charge, though it upheld Cichuniec's conviction for second-degree assault. McClain, a 23-year-old Black man, died after being forcibly restrained by police and injected with ketamine by the paramedics. The appeals court cited flawed jury instructions as the reason for reversing the convictions.
Core Facts & Immediate Action
The Colorado Court of Appeals reversed the 2023 convictions of Cooper and Cichuniec, finding that jurors were improperly instructed on the criminally negligent homicide charge. Cichuniec's five-year prison sentence was previously reduced to probation in 2024. The court's decision sends the case back to a lower court for a new trial on the homicide charge. Cooper had been sentenced to 14 months in jail with work release and probation, while Cichuniec had been sentenced to five years in prison before his sentence was reduced.
Deeper Dive & Context
Background of the Case
McClain was walking home in August 2019 when police officers stopped him in response to a suspicious person complaint. He was forcibly restrained, and paramedics injected him with ketamine, a sedative, in an ambulance. He went into cardiac arrest shortly after and died three days later. His final words, "I can't breathe," echoed those of George Floyd a year later.
Legal Proceedings
The 2023 trial resulted in Cooper and Cichuniec being found guilty of criminally negligent homicide. Cichuniec was also convicted of second-degree assault. Three Aurora Police Department officers were also tried in connection with McClain's death. Randy Roedema was found guilty of criminally negligent homicide and third-degree assault, while Jason Rosenblatt and Nathan Woodyard were acquitted of manslaughter and other charges. Roedema was sentenced to 14 months in jail and four years of probation but has since filed an appeal.
Civil Settlement
In 2021, the City of Aurora agreed to pay $15 million to settle a civil lawsuit brought by McClain's parents. The settlement did not include an admission of liability.
Broader Implications
The case has raised questions about the use of ketamine and other sedatives by first responders to subdue suspects. The prosecution of paramedics and EMTs in police custody cases is rare, and the outcome of this case could have implications for similar incidents nationwide.
Ongoing Legal Battles
Roedema's appeal is pending, and the reversal of the paramedics' convictions could influence the broader legal landscape surrounding police and medical responses to restraint-related incidents.