Paramedics guilty of negligent homicide — but not manslaughter — in the death of Elijah McClain

An Adams County jury found two Aurora Fire Rescue medics guilty of criminally negligent homicide in the 2019 death of Aurora resident Elijah McClain. 

The jury decided decided the two men bear responsibility for their decision to inject McClain with the sedative ketamine after a struggle with Aurora police officers.

Jurors also found then-Lt. Peter Cichuniec guilty of second-degree assault for unlawfully administering drugs. They decided it met the requirements of a crime-of-violence sentence enhancer for causing serious bodily injury or death. Cichuniec had decided on the dose of ketamine —500 milligrams — to administer to McClain. 

But Cichuniec and Jeremy Cooper were found not guilty of manslaughter, the most serious charge, and of second-degree assault causing serious bodily injury. 

Cooper and Cichuniec each faced charges of reckless manslaughter, criminally negligent homicide and three counts each of second-degree assault. 

After about 16 hours of deliberation, the verdicts came down at 5:45 p.m. on Friday in District Court Judge Mark Warner's courtroom. 

Sheneen McClain, Elijah McClain's mom, said on Instagram shortly after the jury began deliberating it has been a "difficult time for me. It has been a difficult time for my children and anyone that truly loved Elijah."

"Common sense tells you if you apply for a job where you're in service of a community then you're supposed to go into that job with some sense of humanity for the betterment of society to help people," she added. 

The fallout from the verdict was swift.

An Aurora spokesperson said the paramedics' employment with the city has been terminated.

Edward Kelly, general president of the International Association of Fire Fighters decried the ruling, while Attorney General Phil Weiser maintained that prosecuting the case was the proper path. 

“Today's verdicts against Fire Fighter/Paramedic Jeremy Cooper and Captain Pete Cichuniec only compound this tragedy," Kelly said. "Colorado Attorney General Weiser's decision to criminalize split-second medical decisions sets a dangerous, chilling precedent for pre-hospital care in our country."

Kelly added: "There are far-reaching consequences we will address at a more appropriate time. But when politics drive prosecution — forcing fire fighters and paramedics to second-guess decisions — public safety is compromised.”

Weiser said he knew these cases would "be difficult to prosecute."

"We are satisfied with today’s verdict, and we are confident that bringing these cases to trial was the right thing to do for justice, for Elijah McClain, and for healing in the Aurora community," he said.  "The prosecution teams in the three trials brought to light the events that occurred that dark night. The world — Elijah and especially his mother Sheneen McClain— deserved to have the full story told. And justice demanded it."

In a statement, Aurora Fire Rescue Chief Alec Oughton said he is "deeply concerned and disappointed" with the verdict against Cichuniec and Cooper.

"While I appreciate the jury’s diligence, integrity and public service to ensure a fair trial, I am discouraged that these paramedics have received felony punishment for following their training and protocols in place at the time and for making discretionary decisions while taking split-second action in a dynamic environment," Oughton said.  

McClain died a few days after three Aurora police officers stopped him as he walked home from a convenience store the night of Aug. 24, 2019 after buying iced tea. A teenager had spotted him in a black mask covering most of his face and waving his arms and called 911 to report that he looked "sketchy."

McClain was not accused of any crime. He was listening to music and often wore a mask to keep warm, prosecutors said.

During a struggle, the officers took McClain to the ground, handcuffed him and one used a neck hold that restricts oxygen flow to the brain. The paramedics who faced trial decided to give McClain a 500-milligram dose of ketamine, a sedative used in medical care as an anesthetic and for pain management.

The paramedics claimed they administered ketamine because they believed McClain was suffering from “excited delirium," a controversial diagnosis typically described as an onset of symptoms, such as extreme aggression, strength, resistance to pain and paranoia.

He went into cardiac arrest and stopped breathing within a few minutes of receiving the injection, and he never regained consciousness. A doctor declared him brain dead in the hospital three days later. 

On Friday, supporters of the paramedics filled the right side of the courtroom. Some looked down in dismay as their verdicts were read out, and a few burst into tears.

Supporters of McClain and members of the attorney general's office filled the other side.

The Adams County Sheriff’s Office took Cichuniec into custody because of the jury’s decision that his assault charge for unlawful drugging met the requirements of a sentence enhancer for causing serious bodily injury. Supporters cried as the click of handcuffs snapping shut around his wrists sounded through the courtroom.

Charlie Richardson, general counsel for the Aurora firefighters’ union, said the cases set a worrisome national precedent for the criminalization of administering chemical sedatives. He characterized it as “outrageous” that prosecutors brought in experienced doctors as experts to testify that the ketamine injection killed McClain, while the paramedics received just a few hours of training on the drug and were taught it’s safe to use.

“The criminalization of chemical sedation by firefighters has to be completely reevaluated,” he said. “Based on this situation, I do not believe it's fair or reasonable to require any firefighter to give anybody any chemical sedation.”

Each charge faced by the paramedics is eligible for probation. Second-degree assault carries the longest potential sentence out of all of them, with a possible prison term of up to 16 years.

Following the verdicts, Sheneen McClain stood outside the courthouse, alongside supporters with their fists raised. She chanted her son’s name and said, “We did it.”

As Weiser spoke, Sheneen McClain sobbed and hugged Omar Montgomery, the Aurora NAACP‘s president. her supporters spoke, while she did not take questions herself. Her supporters said "true justice" would have been McClain going home that night August night.

MiDian Holmes, the CEO of Epitome of Black Excellence & Partnership, echoed Weiser’s statement that the criminal cases sought to tell the truth of how McClain died. But she said the story of his future was left unfinished.

“There is a part of this story that we'll never know. We'll never know Elijah as the father. We’ll never know Elijah as the husband. We don't get that story. So, we are still seeking justice,” Holmes said. 

Prosecutors said on Wednesday the paramedics, particularly Cooper, would have understood McClain’s cries — such as “ow, ow" and his final words, “Please help me” — had they listened. But Cooper had already made up his mind that McClain needed ketamine and didn’t pay attention to any cues from his words and behavior, they said.

The defense attorneys argued it’s not fair to judge their actions with the benefit of hindsight, which has included body-worn camera footage and opinions from medical experts. Nitpicking details about what they could have done differently doesn’t equate to criminal liability, their attorneys argued.

The paramedics were the last two of the five men indicted in McClain’s death to go to trial. In the first trial, a jury returned a split verdict for Aurora officers Randy Roedema and Jason Rosenblatt. Roedema was found guilty of criminally negligent homicide and third-degree assault and will be sentenced in January. That same jury acquitted Rosenblatt of all charges.

A separate jury acquitted Aurora officer Nathan Woodyard.

This story is developing and will be updated.