A Colorado appeals court on Thursday overturned the homicide convictions of two paramedics involved in the 2019 death of Elijah McClain, a Black man who died after being restrained by police and injected with ketamine. The court ordered new trials for Aurora Fire Rescue paramedics Jeremy Cooper and Peter Cichuniec.
McClain, 23, was stopped by police while walking home from a convenience store in Aurora, Colorado, after a report of a suspicious person. He was forcibly restrained and placed in a neck hold before paramedics administered ketamine. His final words, “I can’t breathe,” echoed those of George Floyd, whose death in 2020 sparked nationwide protests against racial injustice and police brutality.
A jury in 2023 found Cooper and Cichuniec guilty of criminally negligent homicide. Cichuniec was also found guilty of second-degree felony assault and sentenced to five years in prison, while Cooper received 14 months in jail with work release and probation. The appeals court upheld Cichuniec's assault conviction but faulted jury instructions on the homicide charges, sending the cases back for a new trial on that charge.
Colorado Attorney General Phil Weiser said he would appeal the decision, stating, “Bringing these cases to trial was the right thing to do for justice, for Elijah McClain, and for healing in the Aurora community.” The International Association of Fire Fighters supported the paramedics, with General President Edward Kelly noting the ruling “recognizes the challenges paramedics face when making split-second medical decisions.”
Cichuniec was released early from prison in 2024 after a judge reduced his sentence to four years of probation, citing “unusual and extenuating circumstances.” An Aurora police officer was previously convicted of homicide and third-degree assault in McClain’s death, while two others were acquitted. The city of Aurora agreed to pay $15 million to settle a federal civil rights lawsuit brought by McClain’s parents in 2021.
