Paramedics convicted of criminally negligent homicide in Elijah McClain case
A Colorado jury on Friday found two paramedics guilty of criminally negligent homicide in the death of Elijah McClain near his home in Aurora. The 23-year-old Black man was walking home in 2019 when he was confronted by police officers who forcibly restrained him and then the Aurora Fire Rescue paramedics — Jeremy Cooper and Peter Cichuniec — injected him with ketamine.
He went into cardiac arrest in an ambulance a few minutes later and died three days later.
Cooper and Cichuniec were both convicted on charges of criminally negligent homicide. As for the counts of second-degree assault, Cooper was acquitted of those charges. Cichuniec was found guilty of second-degree assault- unlawful administration of drugs and found not guilty on the other second-degree assault charge.
“We knew that these cases were going to be difficult to prosecute. We are satisfied by today’s verdict and we remain confident that bringing these cases forward was the right thing to do for Justice For Elijah McClain,” said Colorado Attorney General Phil Weiser. “His life mattered. He should be with us here today.”
“I watched as the prosecution delivered the truth about what happened to Elijah in 2019. The truth is now real and it is available for the people,” said McClain family spokesperson MiDian Holmes.
Holmes stood by Weiser who was also joined by McClain’s mother Sheneen McClain. They were spotted together before the news conference exiting the courthouse after the verdict. Sheneen had her fist raised in the air in memory of her son Elijah.
“His name was and always will be Elijah McClain. We love you, Elijah McClain,” said Holmes.
The coroner’s office in Adams County couldn’t determine how McClain died, but after social justice protests drew attention to the case, a medical examiner ultimately found that he died from complications of ketamine following forcible restraint. That led to a 2021 indictment of three police officers and the two paramedics.
During their weeks-long trial, the use of the sedative that Cooper and Cichuniec injected McClain with and the amount came under scrutiny. In 2018 Colorado state regulators had approved the drug for someone who was in an agitated state and showing signs of excited delirium. The defense for both men argued that was the case — that they were following their training by giving ketamine to McClain because he was showing an unusual amount of strength as he was being restrained and was acting in a strange way.
Cooper and Cichuniec said they were told numerous times in their medical training that ketamine was an effective drug and they were not warned about the possibility of it killing anyone.
Cooper also testified that neither paramedic was told about McClain’s condition when they arrived on the scene of McClain’s encounter. One paramedic said they felt the need to quickly provide care for McClain after seeing police officers slam him to the ground. They say the officers didn’t tell them, however, that they had placed McClain in a neck hold.
The prosecution questioned the paramedics’ decision not to ask McClain any questions before using the ketamine. Cooper testified that he didn’t do so because he didn’t want to escalate the situation.
During closing arguments, Colorado Solicitor General Shannon Stevenson told jurors the paramedics did not conduct basic medical checks of McClain such as taking his pulse before giving him the ketamine.
It’s rare for medical first responders to face criminal charges. This was the third and final trial for the five first responders who were charged in McClain’s death. Three officers from the Aurora Police Department have been tried in connection to McClain’s death. Two were acquitted, and a third was found guilty.
A jury found Randy Roedema guilty of criminally negligent homicide and third-degree assault, while Jason Rosenblatt was found not guilty of manslaughter and assault back in October. Sentencing for Roedema is scheduled for January 5th at 1:30 p.m. in Adams County Court.
A jury also found Nathan Woodyard not guilty of manslaughter and criminally negligent homicide in the 23-year-old’s death. Since the verdict, he has returned to the Aurora Police Department.
The City of Aurora agreed in 2021 to pay $15 million to settle a lawsuit brought by McClain’s parents.
The chief of Aurora Fire Rescue released a statement on Friday night expressing deep concern and disappointment over the convictions of the paramedics. He stated that they have implemented changes to policies, protocols, and training since the incident in an effort to improve their organization.
The International Association of Fire Fighters also issued a statement after the verdict expressing concern and stating that the decision to criminalize split-second medical decisions sets a dangerous precedent for pre-hospital care in the country.
The case has drawn national attention as a part of the larger conversation about police and medical response to Black individuals in distress.