An appeals court in Colorado has overturned the homicide convictions of two paramedics involved in the 2019 death of Elijah McClain. The court found errors in the jury instructions and ordered new trials for Peter Cichuniec and Jeremy Cooper.
Mr. McClain, a Black man and massage therapist, died following interactions with police and the administration of ketamine. In 2023, a jury convicted Mr. Cichuniec of criminally negligent homicide and second-degree assault, while Mr. Cooper was found guilty only of criminally negligent homicide.
The court upheld Mr. Chichuniec’s conviction for second-degree assault but ordered new trials due to flawed jury instructions. Mr. McClain was stopped by police in Aurora, Colorado, under suspicion. Officers used a chokehold on him, a maneuver now banned in Aurora and other places. At that moment, Mr. Cichuniec and Mr. Cooper administered ketamine, intending to calm him. However, Mr. McClain suffered cardiac arrest en route to the hospital and died days later.
Following his conviction, Mr. Cichuniec received a five-year prison sentence, later reduced to four years of probation because of what the judge called “unusual and extenuating circumstances.” Mr. Cooper did not serve prison time. The paramedics’ lawyers haven’t commented on the recent decision.
This case marked a rare instance of criminal charges against emergency medical workers. The incident led to changes in several states’ regulations on paramedic use of ketamine. This includes bans and restrictions implemented after Mr. McClain’s death.
