Colorado Paramedics found Guilty for Criminal Negligent Homicide and Assault of Elijah McClain

Jury found paramedics Jeremy Cooper, and Peter Cichuniec, guilty of criminally negligent homicide in connection with the 2019 death of Elijah McClain in Colorado.

Elijah McClain, a young Black man, died after a police encounter where he was roughly detained, put in a chokehold, and subsequently injected with a powerful sedative.

The trial marked the last of three related to Elijah McClain’s death. The 23-year-old was stopped by police in response to a report of suspicious behavior, though he was not accused of any crime.

In addition to the guilty verdict for criminally negligent homicide, Peter Cichuniec was also found guilty of second-degree assault for administering the sedative.

Following the verdict, Judge Mark Warner ordered Peter Cichuniec into immediate custody, while Jeremy Cooper remained free on bond awaiting sentencing scheduled for March 1.

Outside the courthouse, Elijah McClain’s mother, Sheneen McClain, expressed her emotions, and a supporter, MiDian Holmes, conveyed the family’s stance to reporters, emphasizing the need for justice through sentencing.

Colorado Attorney General Phil Weiser, speaking outside the courtroom, stressed that accountability doesn’t end with the convictions.

Phil Weiser highlighted the ongoing efforts required to prevent the deaths of innocents at the hands of police and other first responders.

Phil Weiser asserted, “Elijah did nothing wrong. His life mattered. He should be with us here today.”

During the trial, both paramedics testified that they believed administering the sedative ketamine was necessary to calm Elijah McClain, and they argued that police interference hindered their ability to provide prompt treatment.

Prosecutors countered, alleging that the paramedics violated training protocols by not examining McClain before injecting the maximum allowed dose of ketamine.

Prosecutors contended that the paramedics incorrectly diagnosed McClain with “excited delirium,” a condition disputed by many medical experts.

The defense argued that, based on the available training in 2019, the paramedics acted reasonably.

The paramedics injected Elijah McClain with 500 mg of the sedative, erroneously estimating his weight at 200 pounds when he weighed 143 pounds.

Prosecutors accused them of neglecting McClain’s pleas for help and overdosing him on ketamine, leading to his death.

The defense rejected these claims, maintaining that the paramedics acted appropriately given the training at the time.

The trial revealed that Colorado’s Peace Officers Standards and Training board ruled on December 1, that “excited delirium” would no longer be taught as a diagnosis to new officers in training.

Additionally, a pending bill before Colorado lawmakers seeks to ban excited delirium from police and emergency medical services (EMS) training and prevent coroners from listing it as a cause of death.

The events leading to Elijah McClain’s death unfolded on the night of Aug. 24, 2019, when police confronted him based on a 911 call reporting suspicious behavior.

Elijah McClain was dressed inappropriately for the weather, and the encounter escalated quickly, with police applying a carotid chokehold and McClain expressing difficulty breathing.

Initially, the 2019 autopsy deemed the cause of McClain’s death “undetermined.”

However, a revised autopsy report in 2021 attributed his death to “complications of ketamine administration following forcible restraint.”

The decision to file charges changed in the wake of the May 2020 killing of George Floyd, prompting Colorado Governor Jared Polis to request an investigation by the state attorney general’s office.

In 2021, a state grand jury indicted the officers and paramedics involved.