2 paramedics found guilty in death of Elijah McClain
BRIGHTON, Colo. — Two Denver-area paramedics were convicted Friday for giving a fatal overdose of the sedative ketamine in the 2019 death of Elijah McClain – a jury verdict that experts said could have a chilling effect on first responders around the country.
The case over the 23-year-old Black man’s death was the first among several recent criminal prosecutions against medical first responders to reach trial, potentially setting the bar for prosecutors in future cases.
It also was the last of three trials against police and paramedics charged in the death of McClain, whose case received little attention until protests over the 2020 killing of George Floyd in Minneapolis. An Aurora police officer was convicted of homicide and third degree assault earlier this year while two officers were acquitted.
The jury found Aurora Fire Rescue paramedics Jeremy Cooper and Peter Cichuniec guilty of criminally negligent homicide following a weekslong trial in state district court. The jury also found Cichuniec guilty on one of two second-degree assault charges. Cooper was found not guilty on the assault charges. They could face years in prison at sentencing.
McClain’s mother, Sheneen, raised her first in the air and exclaimed, “We did it! We did it! We did it!” while leaving the courthouse with a friend and the president of the Aurora NAACP.
The outcome could set a precedent going forward for how emergency personnel respond to situations with people in police custody, said University of Miami criminologist Alex Piquero.
“Imagine if you’re a paramedic,” Piquero said. “They could be hesitant. They could say, ‘I’m not going to do anything’ or ‘I’m going to do less. I don’t want to be found guilty.'”
The verdict was announced after two days of deliberations. When jurors told the judge Friday afternoon they were stuck on one of the charges, the judge told them to keep trying to reach a verdict. After the verdict was read, deputies prepared to handcuff Cooper as his wife sobbed in the first row.
Police stopped McClain while he was walking home from a convenience store on Aug. 24, 2019, following a suspicious person complaint. After an officer said McClain reached for an officer’s gun — a claim disputed by prosecutors — another officer put him in a neck hold that rendered him temporarily unconscious. Officers also pinned down McClain before Cooper injected him with an overdose of ketamine. Cichuniec was the senior officer and said it was his decision to use ketamine.
Prosecutors said the paramedics did not conduct basic medical checks of McClain, such as taking his pulse, before giving him the ketamine. The dose was too much for someone of his size — 140 pounds (64 kilograms), experts testified. Prosecutors say they also did not monitor McClain immediately after giving him the sedative but instead left him lying on the ground, making it harder to breathe.
McClain’s pleading words captured on police body camera video, “I’m an introvert and I’m different,” struck a chord with protesters and people around the country.
In a statement released prior to the verdict, McClain’s mother said that everyone present during the police stop of her son displayed a lack of humanity.
“They can not blame their job training for their indifference to evil or their participation in an evil action,” McClain wrote. “That is completely on them. May all of their souls rot in hell when their time comes.”