In The Death Of Elijah McClain, Two Paramedics Were Convicted Guilty Of Criminally Negligent Murder
Explore the conviction of two paramedics in Elijah McClain’s tragic death, unraveling legal complexities and the controversial use of ketamine.
Two emergency medical technicians were declared responsible for criminally negligent homicide on Friday in connection with the demise of Elijah McClain, a 23-year-old African American man who was restrained by law enforcement and administered ketamine in Aurora, Colorado, in August 2019.
Jeremy Cooper and Peter Cichuniec had entered pleas of not guilty to the felony charges.
Cichuniec was additionally convicted of a second-degree “unlawful administration of drugs assault” charge but was found not guilty of second-degree assault resulting in bodily injury. Subsequently, he was promptly taken into custody. On the other hand, Cooper was acquitted of those specific charges.
Prosecutors contended that the paramedics exhibited recklessness by administering a substantial dose of the potent sedative ketamine to McClain, who had been forcefully subdued by the police, without engaging in conversation with him or assessing his vital signs.
A revised autopsy report, disclosed in 2022, cited the cause of McClain’s demise as “complications of ketamine administration following forcible restraint.”
Nevertheless, during the trial, the paramedics asserted that they were adhering to their training for managing patients undergoing “excited delirium,” a contentious diagnosis frequently applied to individuals being restrained by law enforcement.
“Throughout our training, we were repeatedly informed that this is a safe, effective drug,” conveyed Cichuniec to the court. “It is the only medication we can carry that can halt what is occurring, pacify him, enabling us to control his airway, manage him, and ensure his safety, swiftly transporting him to the hospital.”
The controversial use of ketamine by emergency responders to sedate individuals against their will has generated debate and prompted inquiries in various states.
The trial of these two paramedics for the demise of an individual they attended to in police custody is unprecedented, as CNN previously reported. Ordinarily, paramedics are recognized as local government representatives shielded by legal immunities, even when incidents leading to injury or death align with their medical training.
“We don’t understand justice” until sentencing
MiDian Holmes, an activist and spokesperson for the McClain family, expressed reservations about claiming justice has been served.
“We don’t comprehend justice until we witness the sentencing,” Holmes conveyed to reporters on Friday.
“The judge’s responsibility is to examine the law and guarantee that the sentencing aligns with the punishment.”
Alec Oughton, Aurora Fire Rescue Chief, extended his “deepest condolences” to McClain’s family through a statement on Facebook.
“While I value the jury’s diligence, integrity, and public service in ensuring a fair trial, I’m disheartened that these paramedics are facing felony punishment for adhering to their training and protocols at the time, making discretionary decisions in a dynamic environment,” Oughton lamented.
“The community seeks genuine pathways to accountability, transparency, and justice to prevent incidents like this in the future,” he added, highlighting the department’s numerous policy, protocol, and training changes post-McClain’s death.
Three Aurora police officers involved in McClain’s subduing also underwent trial. Officer Randy Roedema was convicted of criminally negligent homicide and assault, leading to his dismissal. Officers Jason Rosenblatt and Nathan Woodyard were acquitted of all charges.
The charges against the five first responders relate to McClain’s August 24, 2019 arrest when officers responded to a call about a “suspicious person” in a ski mask. The officers confronted McClain, wrestled him down, and applied a carotid hold as he walked home from a convenience store carrying iced tea in a plastic bag.
McClain’s death, following the police killings of George Floyd and Breonna Taylor in spring 2020, drew renewed scrutiny and ignited widespread protests.
Cooper and Cichuniec faced suspension from their roles in September 2021 after criminal charges were filed, pending a decision on certification removal by the Health Facilities and Emergency Medical Services Division of the Colorado Department of Public Health and Environment.
In response to the verdict, Attorney General Phil Weiser stated, “We knew these cases would be challenging to prosecute,” referencing the charges against the five first responders.
“We are content with today’s verdicts, confident that bringing these cases to trial was the right thing for justice, Elijah McClain, and healing in the Aurora community,” Weiser affirmed.
“We must persist in our efforts to enhance policing and emergency response, fostering trust between law enforcement, first responders, and the communities they are sworn to protect,” he urged.
In the trial, paramedics contended that the dosage of ketamine administered was excessive
The defense team representing the three Aurora officers attributed McClain’s demise to the paramedics’ choice to inject him with a ketamine dose deemed too high for his stature.
Testifying, Cichuniec and Cooper approximated McClain’s weight at 200 pounds and administered a 500-milligram ketamine dose, despite McClain actually weighing only 143 pounds. Cichuniec justified the action, stating that ketamine was the sole treatment for McClain, who, according to him, was undergoing “excited delirium.”
Cichuniec disclosed that Cooper ultimately injected the ketamine into McClain’s right deltoid.
Under scrutiny by prosecutors, Cichuniec acknowledged that the accurate dosage, based on his weight estimate for McClain, should have been 425 milligrams. However, he admitted to rounding up to 500 milligrams due to McClain’s heightened agitation.
Prosecutors then presented evidence that Cichuniec’s prior ketamine training did not endorse increased dosages for agitated patients. During cross-examination, prosecutors revealed that Cooper’s earlier ketamine training explicitly cautioned about heightened side effects and risks, including respiratory depression, associated with ketamine overdose.
Senior Assistant Attorney General Jason Slothouber questioned Cooper regarding his failure to inquire about McClain’s name, weight, or condition, as evidenced by the bodycam video played in court. Cooper explained that he refrained from engaging McClain verbally to de-escalate the situation, emphasizing that McClain was speaking incoherently. Cooper, in his testimony, stated he had no recollection of McClain pleading for help while he was nearby.
“At the end of my testimony, I want the jury to know that I was focused on providing care to Elijah, ensuring his safe transportation to the hospital,” Cooper asserted.
The prosecution’s final witness last week was Dr. Roger Mitchell, a forensic pathologist who analyzed footage from the incident. Mitchell asserted that McClain displayed signs of oxygen deficiency (hypoxia) but found “no evidence of excited delirium.” He contended that McClain required oxygen, fluids, and a physical examination before ketamine was administered.
“If these steps were taken, I doubt ketamine would have been administered,” Mitchell testified.
Paramedics’ Treatment of McClain Questioned in Trial
In the concluding statements, Cichuniec’s lawyer, David Goddard, contended that the prosecution had “not proven beyond a reasonable doubt that these gentlemen are responsible for the demise of Elijah McClain, or that these gentlemen engaged in any actions to harm or administer ketamine for any purpose other than attempting to address what they believed was excited delirium.”
Contrastingly, the prosecution asserted that the paramedics approached McClain as if he were a “‘problem’” rather than their patient, deeming it “the worst possible care” McClain could have received.
“This is reckless… It’s aimed at causing pain — physical harm and stupor,” remarked Slothouber. “It’s not an intention to kill, but it is incredibly, insanely reckless. It’s the medical equivalent of putting on a blindfold, jumping in a car, and flooring the gas pedal as hard as you can.”
Slothouber argued that the outcome would have been the same if the paramedics had administered a 500 mg dose of ketamine to McClain upon arrival and returned to their ambulance.
“The crux of this case is how dire the situation was,” Slothouber emphasized. “The defendants made no effort. When Elijah McClain pleaded, ‘please help me,’ they abandoned him. They over-administered ketamine, deserted him once more, and it led to his death. That’s why they bear responsibility.”
Thanks for reading the entire article! We aim to deliver the most up-to-date and trending news and updates. Stay connected with us to be aware of the latest trends.
