An appeals court in Colorado has reversed homicide convictions against two paramedics, Peter Cichuniec and Jeremy Cooper, in the 2019 death of Elijah McClain. The court has mandated new trials, highlighting issues in jury instructions connected to the charges.
In 2023, a jury charged Mr. Cichuniec with criminally negligent homicide and second-degree assault. Mr. Cooper faced a guilty verdict for criminally negligent homicide but was acquitted of second-degree assault. However, the appeals court upheld Mr. Cichuniec’s conviction for second-degree assault.
Elijah McClain, a 23-year-old massage therapist, was on his way home from a convenience store in Aurora, Colorado, when police confronted him due to a report of a suspicious person. During the encounter, officers employed a chokehold on Mr. McClain, a tactic now banned in Aurora and other jurisdictions.
At the location, the paramedics administered what was described as a “therapeutic” dose of ketamine, a potent sedative, which led to Mr. McClain suffering cardiac arrest during his hospital transport. He passed away a few days afterwards.
Originally, Mr. Cichuniec received a five-year prison sentence, later commuted to four years of probation following a judge’s assessment of “unusual and extenuating circumstances” surrounding the case. Mr. Cooper did not face imprisonment.
The case is notable for being among the few criminal proceedings targeting medical personnel. In response to Mr. McClain’s passing, Colorado and several other states have implemented bans or restrictions on paramedics’ ketamine use.
Attempts to contact the defense attorneys for Mr. Cichuniec and Mr. Cooper for comments on the latest developments were not immediately successful.