Colorado Court Orders New Trials for Paramedics in Elijah McClain Case

An appeals court in Colorado has overturned the homicide convictions of two paramedics involved in the 2019 death of Elijah McClain, a Black man who died after police restrained him and he was injected with ketamine. On Thursday, the Colorado Court of Appeals directed new trials for Peter Cichuniec and Jeremy Cooper, citing issues with jury instructions in relation to the charges.

In 2023, Mr. Cichuniec was found guilty of criminally negligent homicide and second-degree assault, while Mr. Cooper was acquitted of the second-degree assault charge but convicted of criminally negligent homicide. However, the appeals court upheld Mr. Cichuniec’s conviction for second-degree assault.

Mr. McClain, a 23-year-old massage therapist, encountered police while returning home from a convenience store in Aurora, Colorado, after a report of a suspicious person. Officers applied a chokehold on Mr. McClain, a practice now prohibited in Aurora and many other regions. At the scene, paramedics Mr. Cichuniec and Mr. Cooper administered what they described as a “therapeutic” dose of ketamine. Mr. McClain suffered cardiac arrest en route to the hospital and died days later.

Post-conviction, Mr. Cichuniec faced a five-year prison sentence, which was later reduced to four years of probation by a judge, due to “‘unusual and extenuating circumstances” in the case. Mr. Cooper did not receive a prison sentence.

Representatives for Mr. Cichuniec and Mr. Cooper did not provide comments in response to requests made on Thursday.

The case is notable as it involved criminal charges against emergency medical personnel. Following Mr. McClain’s death, several states, including Colorado, have placed bans or restrictions on the use of ketamine by paramedics.

Mark Walker, a reporter for Times, covers breaking news and culture.