Paramedics involved in Elijah McClain’s death cleared of homicide convictions

DENVER (CN) — The Colorado Court of Appeals on Thursday vacated homicide convictions against two former Aurora paramedics charged in the 2019 death of Elijah McClain, but upheld one of the paramedic’s assault conviction.

Aurora Fire Rescue paramedic Peter Cichuniec and firefighter Jeremy Cooper will get new trials for their criminally negligent homicide charges, while Cichuniec’s assault conviction was upheld. The pair had asked the Court of Appeals to overturn their jury’s findings, questioning the state attorney general’s ability to prosecute them after the local district attorney’s office declined to.

As a paramedic for Aurora Fire Rescue, Cichuniec responded to a call on Aug. 24, 2019, after police stopped McClain on reports of suspicious activity and placed him in two carotid holds.

Based on responding officers’ assessment — that McClain was out of control and on drugs — Cichuniec and Cooper concluded McClain was suffering from “excited delirium.” Cooper called for 500 mg of the sedative ketamine, far exceeding the appropriate dose for the 140-pound man. Cichuniec agreed, relaying the order to the ambulance to measure the drug that Cooper administered.

The drug, which is no longer used by Aurora emergency responders, put McClain into cardiac arrest. He never regained consciousness and died several days later in a hospital.

On appeal, Cichuniec’s attorneys asked the court to second-guess the jury’s logic in finding him guilty of assault while acquitting Cooper of the same offense, when he was the one who had actually administered the fatal drug.

Although separate appellate panels reviewed and vacated the homicide charges against both men, Colorado Court of Appeals Judge Jerry Jones sat on both and penned both opinions.

“We conclude, however, that Cichuniec takes too narrow a view of causation and that there is sufficient evidence from which the jury could reasonably have found that he caused Mr. McClain’s death,” Jones wrote in a 53-page opinion.

In vacating both paramedics’ homicide conviction, the Court of Appeals found the trial judge wrongly instructed the jury to evaluate whether the men violated a reasonable person’s standard of care, rather than the heightened standard “that would apply to an emergency medical professional treating a person in the patient’s condition,” Jones wrote.

The appellate court also found the trial judge should have provided a clear explanation to jurors when they asked for a definition or description of the standard.

Initial investigators cleared Aurora law enforcement and paramedics of wrongdoing in McClain’s death. Following the 2020 mass protests of George Floyd’s death, however, the Colorado attorney general’s office reinvestigated the case of McClain, who had been sober, unarmed and innocent when police stopped him in response to a passerby’s vague report of a suspicious person.

In the minutes before the fatal interaction with law enforcement, McClain had been dancing in the street to music playing in his headphones on his way home from purchasing iced tea from a nearby store. Those who knew him say the massage therapist loved animals and playing the violin.

Over email, Attorney General Phil Weiser told Courthouse News he intends to ask the state Supreme Court to review the case.

“A jury convicted two paramedics for the death of Elijah McClain, an innocent Black man who did nothing wrong that tragic night seven years ago," Weiser wrote. “Bringing these cases to trial was the right thing to do for justice, for Elijah McClain, and for healing in the Aurora community. The attorney general’s office is committed to defending these convictions through the appeals process. Justice demands it.”

After the jury found Cichuniec guilty of criminally negligent homicide and assault, the trial judge sentenced him to five years in prison.

Over three different trials, juries also convicted Cooper and police officer Randy Roedema of criminal charges for their role in McClain’s death, while acquitting Aurora Police officers Jason Rosenblatt and Nathan Woodyard.

After the jury found Cooper guilty of criminally negligent homicide, a Colorado judge sentenced him to four years’ probation and a 14-month jail term to be served through work release.

On appeal, Cooper’s defense questioned the way the jury had been instructed to view Cooper’s actions under a reasonable person standard, rather than that of a reasonable paramedic. Cooper further argued that juror questions revealing their confusion were not adequately answered.

Colorado Court of Appeals Judges Katherine Lum and Melissa Meirink rounded out the panel reviewing Cichuniec’s case alongside Jones. Cooper’s case was heard by Jones, Meirink and Senior Judge Daniel Taubman.

Cichuniec was represented by attorney Christopher Jackson of Holland & Hart in Denver while Cooper was represented by attorney Frederick Yarger of Wheeler Trigg in Denver. Both attorneys did not immediately respond to an inquiry for comment.

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