Colorado Appeals Court Overturns Homicide Convictions of Paramedics in Elijah McClain Case
The Colorado Court of Appeals on June 4 overturned the criminally negligent homicide convictions of two former paramedics involved in the 2019 death of Elijah McClain, a Black man who was restrained by police and injected with a potent sedative. The ruling, issued in separate opinions, sends the homicide charges back to the lower court for potential retrials.
Appeals judges found that the district court failed to properly instruct jurors on the applicable standard of care for the paramedics — an error that “required reversal,” according to the decisions. The court did not dismiss the cases entirely, but vacated the homicide convictions against Jeremy Cooper and Peter Cichuniec, both former Aurora Fire Rescue paramedics. It left intact Cichuniec’s conviction for second-degree assault related to the unlawful administration of drugs.
Colorado Attorney General Phil Weiser, whose office prosecuted the case, pledged to appeal the decision. “A jury convicted two paramedics for the death of Elijah McClain, an innocent Black man who did nothing wrong that tragic night seven years ago,” Weiser said in a statement. “The attorney general’s office is committed to defending these convictions through the appeals process. Justice demands it.”
The case traces back to August 24, 2019, when McClain, a 23-year-old massage therapist, was stopped by police in Aurora after a 911 caller reported a man who appeared “sketchy” and was Black. Officers placed him in a neck hold and pinned him to the ground. Despite McClain’s pleas of “I can’t breathe,” captured on body-worn camera footage, the paramedics administered 500 milligrams of ketamine — more than the recommended dose for his weight. An amended autopsy later attributed his death to complications of ketamine administration following forcible restraint.
The incident initially drew little legal action, but the case gained national traction after the 2020 murder of George Floyd sparked widespread protests over racial justice and police brutality. A Colorado grand jury in 2021 indicted three officers and both paramedics — a rare move against emergency medical personnel. The city of Aurora later paid $15 million to settle a federal civil rights lawsuit brought by McClain’s parents.
The paramedics’ trial in late 2023 resulted in guilty verdicts for criminally negligent homicide. Cooper was sentenced to a work-release program and probation; Cichuniec initially received prison time but was later released early on probation. The officers saw mixed outcomes: one was convicted of negligent homicide, another acquitted of manslaughter but fired for reenacting McClain’s death, and a third returned to the police force on restricted duty.
Legal experts say the appeals court’s focus on jury instructions could reshape how similar cases involving medical responders are prosecuted. The decision also underscores ongoing tensions around accountability measures for EMS crews, who rarely face criminal charges for on-duty actions. Meanwhile, Colorado has already banned carotid artery chokeholds in response to the McClain case, reflecting broader policy changes driven by the tragedy.
The appeals court affirmed Cichuniec’s felony assault conviction, but the reversal on homicide charges means both paramedics may again be tried on those counts. The state attorney general’s office said it will continue to pursue the case.
Contributing: N'dea Yancey-Bragg, Trevor Hughes, and Minnah Arshad, USA TODAY; Reuters
This article originally appeared on USA TODAY.