Experts: Conviction in Elijah McClain case could effect first responders

BRIGHTON, Colo. — Two Denver-area paramedics were convicted Friday for giving a fatal overdose of the sedative ketamine to Elijah McClain in 2019 — a jury verdict that experts said could have a chilling effect on first responders around the country.

The case involving the 23-year-old 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 for future cases.

It also was the last of three trials against police and paramedics charged in the death of McClain, whom officers stopped following a suspicious person complaint. He was injected with the sedative after being forcibly restrained. The 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 other officers were acquitted.

The jury on Friday found Aurora Fire Rescue paramedics Jeremy Cooper and Peter Cichuniec guilty of criminally negligent homicide following a weekslong trial in state district court. They could face years in prison at sentencing.

The jury also found Cichuniec guilty on one of two second-degree assault charges, which brings the possibility of an enhanced prison sentence and required that he be taken into immediate custody. Cooper was found not guilty on the assault charges and was not taken into custody.

McClain's mother, Sheneen, raised her fist in the air following the verdict. “We did it! We did it! We did it!” she said as she walked away from the courthouse.

Cichuniec's wife had her head bowed as deputies handcuffed him. Cooper's wife sobbed alongside her.

Neither the paramedics nor their attorneys spoke outside court. They did not immediately respond to emails and telephone messages from The Associated Press seeking comment.

The outcome could set a precedent 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,” 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 International Association of Fire Fighters said in a statement that in pursuing the charges, Colorado Attorney General Phil Weiser had criminalized split-second medical decisions and set “a dangerous, chilling precedent for prehospital care.”

Weiser, who convened the grand jury that indicted the first responders, said he was satisfied with the verdict.

"We remain confident that bringing these cases forward was the right thing to do for justice for Elijah McClain and for healing in the Aurora community,” he said outside court.

The city of Aurora said Friday night that the two paramedics were fired following their convictions.

The verdict was announced after two days of deliberations. When jurors told the judge Friday afternoon they were stuck on one of the charges, the judge told them to keep trying to reach a verdict.

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.