The Colorado Court of Appeals on Thursday ordered new trials for two Aurora Fire Rescue paramedics convicted of homicide in the 2019 death of Elijah McClain, a ruling that could reshape the legal landscape for emergency medical responders involved in police encounters.
Paramedics Jeremy Cooper and Peter Cichuniec were found guilty in 2023 of criminally negligent homicide for administering 500 milligrams of the sedative ketamine to McClain, a 23-year-old Black man who was stopped by police while walking home in Aurora, Colorado. The convictions were among the first in the nation to hold emergency medical responders criminally liable for actions taken during a police response.
The appeals court’s decision vacates the convictions and orders new trials, according to the Associated Press. Colorado Attorney General Phil Weiser said his office will appeal the reversal to the state Supreme Court, a move that could delay any new trial proceedings.
McClain’s death in August 2019 drew renewed national attention following the 2020 murder of George Floyd, as protests against police violence swept the country. The case became a flashpoint in debates over police tactics and the use of sedatives to subdue individuals during encounters with law enforcement.
The paramedics’ attorneys argued that the ketamine administration was standard protocol for agitated individuals and that the paramedics were following orders from police on the scene. Prosecutors contended that the dose was excessive and that the paramedics failed to properly assess McClain’s condition before administering the drug.
The Colorado Court of Appeals did not immediately release its full written opinion explaining the basis for the reversal. Legal experts said the ruling could have significant implications for how emergency medical responders are trained and held accountable in similar cases across the country.
Weiser, in a statement, said his office “strongly disagrees” with the court’s decision and will seek review from the state’s highest court. “We remain committed to pursuing justice in this case,” Weiser said.
The new trial orders come nearly seven years after McClain’s death, a case that has already produced multiple legal proceedings. Three police officers involved in the initial stop were acquitted of all charges in 2023. The city of Aurora agreed to a $15 million settlement with McClain’s family in 2021.
Douglas Wolfberg, an attorney representing the paramedics, said the appeals court’s decision “vindicates” his clients’ position that they acted within their training and protocols. “This is a significant victory for first responders across Colorado and the nation,” Wolfberg said.
The case has been closely watched by law enforcement and medical organizations, who have warned that criminalizing medical decisions made in the field could deter paramedics from responding to high-stress situations.