Paramedics Convicted of Criminally Negligent Homicide in the Tragic Death of Elijah McClain
Two paramedics convicted of criminally negligent homicide in the death of Elijah McClain, a Black man subdued by police and injected with a high dose of ketamine Prosecution highlighted mistreatment by paramedics, who failed to provide adequate care
On Friday, two paramedics were convicted of criminally negligent homicide in the death of Elijah McClain, a 23-year-old Black man who was restrained by police and given ketamine in Aurora, Colorado in August 2019. Jeremy Cooper and Peter Cichuniec, who had previously pleaded not guilty to the felony charges, were found guilty.
Cichuniec was also convicted of a second-degree unlawful administration of drugs assault charge, but found not guilty of second-degree assault resulting in bodily injury. He was promptly taken into custody. Cooper was cleared of those charges.
Former Aurora Police officer Jason Rosenblatt, left, and Aurora Police officer Randy Roedema
Andy Cross/Pool/The Denver Post
The timeline of events surrounding Elijah McClain's death and the legal proceedings against the officers and paramedics accused of misconduct.
Prosecutors contended that the paramedics showed recklessness by giving McClain a high dose of the potent sedative ketamine, even though they hadn't spoken with him or checked his vital signs, after he had been forcefully restrained by the police.
The revised autopsy report from 2022 stated that McClain's death was due to "complications from ketamine administration after being forcibly restrained." However, paramedics claimed during their trial that they were following protocol for treating individuals exhibiting "excited delirium," a contentious diagnosis used to describe extreme agitation often seen in individuals being restrained by law enforcement.
"Throughout our training, we were repeatedly informed that this is a safe and effective medication," Cichuniec informed the court. "It is the only medication we have access to that can halt the situation and calm the individual down so we can manage their airway, ensure their safety, and transport them to the hospital as quickly as possible."
The use of ketamine by emergency responders to sedate individuals without their consent has sparked debate and prompted inquiries in several states.
CNN previously reported that the trial of two paramedics for the death of a person they treated in police custody is unprecedented. Paramedics are usually protected by statutory immunities as local government agents, even if injury or death occurs while they are following their medical training. Additionally, three Aurora police officers who subdued McClain have also faced trial. Officer Randy Roedema was found guilty of criminally negligent homicide and assault and was subsequently fired, while officers Jason Rosenblatt and Nathan Woodyard were acquitted of all charges.
The five first responders are facing charges related to the arrest of McClain on August 24, 2019. According to the indictment, officers were called to deal with a "suspicious person" in a ski mask. They confronted McClain, wrestled him to the ground, and applied a carotid hold as he was walking home from a convenience store with a plastic bag containing iced tea.
McClain's death, along with others, came under new scrutiny after the police killings of George Floyd and Breonna Taylor in the spring of 2020, leading to widespread protests nationwide.
Cooper and Cichuniec faced suspension from their positions in September 2021 due to criminal charges, as confirmed by a spokesperson for the Health Facilities and Emergency Medical Services Division of the Colorado Department of Public Health and Environment to CNN. The spokesperson stated that the department would determine the fate of their certifications following the conclusion of the trial.
Paramedics Jeremy Cooper, far left, and Peter Cichuniec, far right, enter the Adams County, Colorado, Justice Center on December 22, 2023.
David Zalubowski/AP
Attorney General Phil Weiser expressed his satisfaction with the verdict in a statement, acknowledging the difficulty of prosecuting the five first responders. He stated that bringing these cases to trial was the right thing to do for justice, for Elijah McClain, and for healing in the Aurora community.
Paramedics said at trial ketamine dose was too high
"It is imperative that we persist in our efforts to enhance policing and emergency response while fostering trust between law enforcement, first responders, and the communities they are dedicated to serving," he reiterated.
The defense attorneys for the three Aurora officers at trial attributed McClain's death to the paramedics' decision to administer a larger than necessary dose of ketamine, which they believed was inappropriate for his size.
In their testimonies, Cichuniec and Cooper admitted to estimating McClain's weight at 200 pounds and administering a 500-milligram dose of ketamine, despite McClain only weighing 143 pounds. Cichuniec testified that they deemed ketamine as the only suitable treatment for McClain, whom they believed was suffering from "excited delirium."
Cooper eventually gave McClain the ketamine in his right deltoid, as stated by Cichuniec. Under questioning from the prosecutors, Cichuniec admitted that the accurate dosage based on McClain's weight should have been 425 milligrams, but he rounded up to 500 milligrams due to McClain's heightened agitation.
A photograph of Elijah McClain is part of the "Say Their Names" memorial on Boston Common in Boston on Nov. 16, 2020.
Jessica Rinaldi/The Boston Globe/Getty Images
Paramedics are rarely charged if someone theyre treating dies. The Elijah McClain trial is testing that
The prosecutors demonstrated to the court that Cichuniec's prior ketamine training did not advise for increased dosage in response to heightened agitation in a patient. During cross-examination, the prosecutors also revealed that Cooper's previous ketamine training had warned of elevated side effects and risks, such as respiratory depression, in the event of ketamine overdose.
Senior Assistant Attorney General Jason Slothouber further pressed Cooper as to why, as indicated in the bodycam footage presented in court, he did not inquire about McClain's name, weight, or condition.
Cooper stated that he did not engage in conversation with McClain to calm the situation, noting that McClain was speaking unclearly. He also testified that he did not remember McClain asking for help while he was next to him. "I was focused on providing care, ensuring Elijah's safety as we made our way to the hospital," Cooper informed the jury as he ended his testimony.
The prosecution's final witness last week was Dr. Roger Mitchell, a forensic pathologist who examined footage from the incident. He testified that McClain displayed symptoms of oxygen deficiency, or hypoxia, but there was no indication of excited delirium. Dr. Mitchell stated that McClain required oxygen, fluids, and a physical examination before being administered ketamine.
"If these measures were taken, I do not believe ketamine would have been administered," testified Dr. Mitchell.
Sheneen McClain weeps while being comforted by Omar Montgomery following the December 22, 2023 verdict convicting two paramedics in the death of her son, Elijah McClain.
David Zalubowski/AP
Paramedics treated McClain like a problem, prosecution said
In his closing arguments, Cichuniec's lawyer David Goddard stated that the prosecution had not definitively proven that his clients were responsible for the death of Elijah McClain or that they had administered ketamine to him for any reason other than attempting to treat what they thought was excited delirium.
In contrast, the prosecution contended that the paramedics had treated McClain as a "problem" rather than a patient, providing him with "the worst possible care."
"This is incredibly reckless... It's meant to cause harm - physical injury and impairment," Slothouber stated. "It's not meant to be lethal, but it's extremely, insanely reckless. It's the medical equivalent of blindfolding yourself, getting into a car, and stepping on the gas as hard as you can."
Slothouber added that the outcome would have been the same if paramedics had arrived at the scene, administered a 500 mg dose of ketamine to McClain, and then returned to their ambulance.
Slothouber emphasized the severity of the case, stating that the defendants showed no effort in helping Elijah McClain when he pleaded for assistance, ultimately leading to his death after being overdosed on ketamine. This is why they are considered guilty. This report includes contributions from CNN's Eric Levenson and Jeremy Harlan.
