FORT COLLINS, Colo. (AP) — A Colorado appeals court on Thursday reversed homicide convictions against two paramedics who injected the sedative ketamine into Elijah McClain, a Black man who died after a police encounter in 2019, and ordered new trials.
The court granted new trials for Jeremy Cooper and Peter Cichuniec, both paramedics with Aurora Fire Rescue. McClain, 23, was stopped by police on Aug. 24, 2019 while walking home from a convenience store after a resident reported a “suspicious person.” Officers forcibly restrained him and placed him in a carotid neck hold. Paramedics then administered a dose of ketamine, which prosecutors said caused McClain to go into cardiac arrest and die.
McClain’s final words — “I can’t breathe” — foreshadowed George Floyd’s death a year later in Minneapolis, and his name became a rallying cry in the protests against racial injustice that swept the United States in 2020.
Criminal charges against paramedics and emergency medical technicians involved in police custody deaths are rare. The convictions of Cooper and Cichuniec had sent shock waves through the ranks of first responders across the country, according to the Associated Press, and the appeals court’s decision to order new trials marks a significant development in the case.
The original prosecutions were brought by Colorado Attorney General Phil Weiser’s office, which had taken over the case after a special prosecutor was appointed. The appeals court did not immediately release a full written opinion explaining its reasoning. The office of the attorney general said it was reviewing the decision and would determine next steps.
Cooper and Cichuniec were convicted in 2023 on charges including reckless manslaughter and assault. They had been sentenced to prison terms. Thursday’s ruling vacates those convictions and sends the case back to a lower court for new proceedings.
The case has been closely watched by police and medical groups because of its implications for how emergency responders administer ketamine to restrained subjects. Several states and municipalities have reconsidered the use of the drug in pre-hospital settings since McClain’s death.
The city of Aurora agreed to a $15 million settlement with McClain’s family in 2021. The three police officers involved in the stop were charged separately; two were acquitted, and charges against the third were dropped.
The appeals court’s decision does not affect those outcomes. The new trials for Cooper and Cichuniec have not yet been scheduled.