Colorado Court Orders New Trials for Paramedics in Elijah McClain Case

A Colorado appeals court has overturned the homicide convictions of two paramedics involved in the death of Elijah McClain. The decision, announced on Thursday, calls for new trials due to errors in jury instructions.

In 2019, Elijah McClain, a 23-year-old Black massage therapist, was stopped by police in Aurora, Colorado, after being reported as a suspicious person. Officers restrained him using a chokehold, a method since banned. Paramedics Peter Cichuniec and Jeremy Cooper then injected McClain with ketamine, a strong sedative. McClain suffered cardiac arrest en route to the hospital and passed away several days later.

In 2023, a jury convicted Mr. Cichuniec of criminally negligent homicide and second-degree assault. Mr. Cooper was found guilty of criminally negligent homicide and acquitted of second-degree assault charges. On Thursday, the appeals court upheld Mr. Cichuniec’s second-degree assault conviction.

Following their convictions, Mr. Cichuniec received a five-year prison sentence. A judge later reduced this to four years of probation, citing extraordinary circumstances. Mr. Cooper did not serve a prison sentence.

The prosecution of emergency medical personnel such as Mr. Cichuniec and Mr. Cooper is uncommon. In response to McClain’s death, several states, including Colorado, have restricted or banned paramedics’ use of ketamine.

Representatives for the paramedics did not immediately reply to comments on Thursday.