An appeals court in Colorado has reversed the homicide convictions of two paramedics involved in the 2019 death of Elijah McClain. Mr. McClain, a Black man, died after receiving a ketamine injection following a police encounter. The court’s decision on Thursday has highlighted errors in jury instructions as a reason to order new trials for the paramedics.
In 2023, a jury convicted Peter Cichuniec of criminally negligent homicide and second-degree assault, while Jeremy Cooper was found guilty of criminally negligent homicide but not of second-degree assault. The appeals court upheld Mr. Cichuniec’s conviction for second-degree assault.
Elijah McClain was a 23-year-old massage therapist from Aurora, Colorado. He died after police responded to a call about a suspicious person and placed him in a chokehold, a practice later banned in several police departments. At the scene, Mr. Cichuniec and Mr. Cooper administered ketamine to Mr. McClain, described as a “therapeutic” dose. He suffered cardiac arrest on the way to the hospital and died days later.
Mr. Cichuniec received a five-year prison sentence, which was later reduced to four years of probation due to “unusual and extenuating circumstances.” Mr. Cooper did not receive prison time. Lawyers representing the paramedics have not commented on the recent court ruling.
The case represents a rare criminal prosecution of emergency medical personnel. It led to several states, including Colorado, banning or restricting paramedics’ use of ketamine.
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