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The Colorado Court of Appeals has overturned the convictions of two former Aurora paramedics previously found guilty of criminally negligent homicide in connection with the 2019 death of Elijah McClain, a 23-year-old unarmed Black man. The convictions were initially handed down in December 2023.
In a ruling issued Thursday, the appeals court ordered the case back to the district court, opening the door for a potential retrial. The decision hinged on the court’s finding that jurors were misled regarding the legal standard of care applicable to the paramedics’ actions during the trial.
Elijah McClain’s death drew widespread national attention, especially amid the surge of Black Lives Matter protests following George Floyd’s killing in 2020. The case has remained a significant point of focus in ongoing conversations about law enforcement and emergency responders’ accountability.
Reacting to the appeals court decision, McClain’s mother, Sheneen McClain, expressed profound disappointment on social media, describing the reversal as “corrupt and cowardly.” She criticized government agencies for enabling misconduct within police departments and lamented the lack of justice for American citizens.
Colorado Attorney General Phil Weiser reaffirmed his office’s commitment to the original charges against the paramedics, stating that his team will continue to defend the convictions on appeal, emphasizing that justice demands such efforts.
The two paramedics, Peter Cichuniec and Jeremy Cooper, were convicted for administering an excessive dose of ketamine to sedate McClain after police confronted him on August 24, 2019. Cichuniec was also convicted of second-degree assault due to the unlawful administration of the drug, while Cooper was acquitted of this assault charge. Both men had pleaded not guilty at trial.
Although the appeals court upheld Cichuniec’s assault conviction, it reversed both paramedics’ criminally negligent homicide convictions, citing errors in how the jury was instructed. The court clarified that the correct standard of care should be measured against that of a professional in the paramedics’ position, not a generic reasonable person.
Cooper was sentenced to four years of probation for negligent homicide, whereas Cichuniec received a five-year prison term for assault, with an additional year concurrent for negligent homicide. Both men have appealed their convictions separately.
The case originated after McClain was stopped by police while walking home from a convenience store. A 911 caller had reported seeing someone “sketchy” in the area.
McClain, who suffered from anemia and wore a ski mask due to cold sensitivity, was confronted by officers who deemed him suspicious. Body camera footage captures McClain asserting his right to continue home.
During the encounter, Officer Nathan Woodyard applied a chokehold on McClain, and officers forcibly restrained him on the ground. When paramedics arrived, they administered 500 milligrams of ketamine to sedate McClain, who subsequently suffered a heart attack and was transported to the hospital. He was declared brain dead three days later and removed from life support on August 30, 2019.
In related proceedings, former officer Randy Roedema was convicted of criminally negligent homicide and third-degree assault and sentenced to over one year in county jail. Two other officers involved, Jason Rosenblatt and Nathan Woodyard, were acquitted of charges including reckless manslaughter and assault.
The case remains a pivotal example of the scrutiny faced by emergency responders and law enforcement officers in incidents involving the use of force and medical interventions.