Colorado appeals court vacates homicide convictions in Elijah McClain death case
Two Aurora paramedics won new trials on criminally negligent homicide charges. One assault conviction was upheld by the Colorado Court of Appeals.
Aurora paramedics cleared of homicide convictions in McClain case, new trials ordered
The Colorado Court of Appeals on Thursday vacated criminally negligent homicide convictions against two former Aurora Fire Rescue paramedics charged in connection with the 2019 death of Elijah McClain, Courthouse News Service reports. One assault conviction against paramedic Peter Cichuniec was upheld.
Cichuniec and firefighter Jeremy Cooper had asked the appeals court to overturn their respective jury findings, arguing in part that the state attorney general lacked authority to prosecute them after the local district attorney's office had declined to bring charges.
On Aug. 24, 2019, Cichuniec responded to a call after Aurora police stopped McClain — who was sober, unarmed and had not committed any crime — on a vague report of a suspicious person. Officers placed McClain in two carotid holds. Based on their assessment that he was out of control and on drugs, Cichuniec and Cooper concluded McClain was suffering from "excited delirium." Cooper ordered 500 mg of the sedative ketamine — a dose far exceeding what was appropriate for the 140-pound man. Cichuniec relayed the order; Cooper administered the drug.
The ketamine put McClain into cardiac arrest. He never regained consciousness and died in a hospital several days later. Aurora emergency responders no longer use the drug.
In the minutes before the encounter, McClain had been dancing in the street to music through his headphones while walking home after buying iced tea. Those who knew him described the massage therapist as someone who loved animals and playing the violin.
Initial investigators cleared Aurora law enforcement and paramedics of any wrongdoing. Following the mass protests over the death of George Floyd in 2020, the Colorado attorney general's office reopened the investigation.
A jury convicted Cichuniec of both criminally negligent homicide and assault. The trial judge sentenced him to five years in prison. Cooper was convicted of criminally negligent homicide and received a sentence of four years' probation and a 14-month jail term to be served through work release.
On appeal, Cichuniec's attorneys challenged the internal consistency of the jury's verdict — pointing to the fact that Cooper, who actually administered the drug, was acquitted of assault while Cichuniec was convicted of it. Cooper's defense contested the jury instructions, arguing the standard applied should have been that of a reasonable paramedic rather than a reasonable person, and that juror questions indicating confusion had not been adequately addressed.
Across three separate trials, juries also convicted Aurora police officer Randy Roedema on criminal charges, while acquitting officers Jason Rosenblatt and Nathan Woodyard.
The appeals panel consisted of Judges Katherine Lum and Melissa Meirink, both appointed by Democratic Governor Jared Polis, and Judge Jerry Jones, appointed by former Republican Governor Bill Owens.
Source: Courthouse News Service