Pittsburgh Post-Gazette

Paramedics found guilty in death of Elijah McClain

- By Colleen Slevin and Matthew Brown

BRIGHTON, Colo. — Two Denver-area paramedics were convicted Friday in the 2019 killing of Elijah McClain, who they injected with an overdose of the sedative ketamine after police put him in a neck hold.

The case over the 23-yearold Black man’s death was the first among several recent criminal prosecutio­ns against medical first responders to reach trial, potentiall­y setting the bar for prosecutor­s in future cases.

It also was the last of three trials against police and paramedics charged in the death of McClain, whose case received little attention until protests over the 2020 killing of George Floyd in Minneapoli­s. An Aurora police officer was convicted of homicide and third-degree assault earlier this year while two officers were acquitted.

The jury found Aurora Fire Rescue paramedics Jeremy Cooper and Peter Cichuniec guilty of criminally negligent homicide following a weekslong trial in state district court. The jury also found Cichuniec guilty on one of two second-degree assault charges. Cooper was found not guilty on the assault charges. They could face years in prison at sentencing.

McClain’s mother, Sheneen, raised her fist in the air as she left the courtroom. Sitting in the front row, Cooper’s wife sobbed as deputies prepared to handcuff him.

The outcome could set a precedent going forward for how emergency personnel respond to situations with people in police custody, said University of Miami criminolog­ist Alex Piquero.

“Imagine if you’re a paramedic,” Mr. Piquero said. “They could be hesitant. They could say, ‘I’m not going to do anything’ or ‘I’m going to do less. I don’t want to be found guilty.’ ”

The verdict was announced after two days of deliberati­ons.

Police stopped McClain while he was walking home from a convenienc­e store on Aug. 24, 2019, following a suspicious person complaint.

After an officer said McClain reached for an officer’s gun — a claim disputed by prosecutor­s — another officer put him in a neck hold that rendered him temporaril­y unconsciou­s. Officers also pinned down McClain before Cooper injected him with an overdose of ketamine. Cichuniec was the senior officer and said it was his decision to use ketamine.

Prosecutor­s said the paramedics did not conduct basic medical checks of McClain, such as taking his pulse, before giving him the ketamine. The dose was too much for someone of his size — 140 pounds, experts testified. Prosecutor­s say they also did not monitor McClain immediatel­y after giving him the sedative but instead left him lying on the ground, making it harder to breathe.

McClain’s pleading words captured on police body camera video, “I’m an introvert and I’m different,” struck a chord with protesters and people around the country.

In a statement released prior to the verdict, McClain’s mother said that everyone present during the police stop of her son displayed a lack of humanity.

“They cannot blame their job training for their indifferen­ce to evil or their participat­ion in an evil action,” Ms. McClain wrote. “That is completely on them. May all of their souls rot in hell when their time comes.”

Defense attorneys argued that the paramedics followed their training in giving ketamine to McClain after diagnosing him with “excited delirium,” a disputed condition some say is unscientif­ic and has been used to justify excessive force.

 ?? David Zalubowski/Associated Press ?? Paramedics Jeremy Cooper, far left, and Peter Cichuniec, far right, enter the Adams County, Colo., Justice Center on Friday.
David Zalubowski/Associated Press Paramedics Jeremy Cooper, far left, and Peter Cichuniec, far right, enter the Adams County, Colo., Justice Center on Friday.

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