Nationwide — A Colorado appeals court has overturned homicide convictions against two paramedics involved in the 2019 death of Elijah McClain, an African American man who was given ketamine after cops used a chokehold on him during a police stop in Aurora.
In 2023, a jury found Aurora Fire Rescue paramedics Jeremy Cooper and Peter Cichuniec guilty of criminally negligent homicide in McClain’s death. The jury also convicted Cichuniec of second-degree assault. Cichuniec was sentenced to five years in prison, while Cooper received 14 months in jail along with probation and work release.
According to the Associated Press, the appeals court later ruled that errors in jury instructions affected the homicide verdicts. It overturned those convictions and ordered a new trial on that charge. However, the court upheld Cichuniec’s assault conviction, leaving part of the original ruling in place.
McClain, a 23-year-old massage therapist, was stopped in Aurora in 2019 after a report of a suspicious person. Police restrained him and used a neck hold before paramedics arrived and administered ketamine at the scene.
The case drew national attention after investigators questioned the use of ketamine and the diagnosis of “excited delirium,” a disputed medical condition sometimes used to justify sedating individuals in police custody. The incident later became part of a wider national debate on emergency response practices and police restraint.
Colorado Attorney General Phil Weiser said the state plans to appeal the decision and continue defending the original convictions. The International Association of Fire Fighters supported the paramedics, saying they acted according to training and made split-second decisions in a rapidly changing situation.
The case initially did not lead to charges after an early autopsy failed to determine a clear cause of death. Following renewed public pressure after George Floyd’s death, state officials reopened the investigation, which led to new findings and indictments. The city of Aurora later agreed to a $15 million civil settlement with McClain’s family.
In related proceedings, an Aurora police officer was convicted of homicide and assault, while other officers involved were acquitted.