Paramedic Sentenced to 5 Years in Prison for Death of Elijah McClain

Paramedics Peter Cichuniec (back L) and Jeremy Cooper (3rd R) enter the Adams County Justice Center in Brighton, Colo., on Dec. 22, 2023. David Zalubowski/AP Photo

A paramedic involved in the death of Elijah McClain has been sentenced to five years in prison, with the defendant claiming he had “absolutely no intent to cause any harm” to the victim.

Mr. McClain, 23, died in 2019 when Peter Cichuniec and a fellow paramedic injected him with more ketamine than required after he was forcibly restrained by police officers in the Denver suburb of Aurora, Colorado. Ketamine is a powerful sedative.

In December, Mr. Cichuniec was found guilty of criminally negligent homicide and second-degree assault. On March 1, in addition to his five-year prison sentence on assault charges, he was also sentenced to a concurrent one-year sentence for criminally negligent homicide.

Mr. Cichuniec will get a credit for the 70 days he already spent in jail. Paramedics are rarely charged if someone dies during the course of the treatment, according to CNN.

Mr. McClain’s death received little attention initially but gained renewed interest as mass protests swept the nation after the death of George Floyd in Minneapolis.

Character Witnesses

At the hearing, family members and friends of Mr. Cichuniec testified as character witnesses on his behalf. Mr. Cichuniec told the judge that he spent 18 years as a firefighter and paramedic to save people’s lives.

“I have never backed down from a call and I’ve had more things happen to me than you can imagine,” he said. “It sickened me when the prosecution said during their closing argument that I showed no remorse for Elijah. … There was absolutely no intent to cause any harm to Elijah McClain.”

Speaking to 9News, Mr. McClain’s mother, Sheneen McClain, said she was “just so glad it’s over. I can’t even imagine what Elijah experienced, you know. I can’t even imagine.”

Mr. McClain was arrested while walking home from a convenience store after someone called the police to report a suspicious person wearing a ski mask and waving his arms around. Mr. McClain’s family said he often wore the mask outside because he had anemia, a blood condition that caused him to become cold easily. He was reportedly wearing earbuds and listening to music when police approached him.

Police said Mr. McClain refused to stop walking when they approached him, and they wrestled him to the ground and put him in a carotid hold, which restricts blood flow to the brain.

Paramedics, including Mr. Cichuniec, arrived at the scene and injected Mr. McClain with a dose of ketamine suitable for a 200-pound person even though he weighed only 143 pounds. Mr. McClain suffered a heart attack on the way to the hospital and died three days later.

The Adams County coroner concluded that Mr. McClain died due to complications arising from administering the ketamine. The city of Aurora commissioned an independent probe which said that responding officers sedated Mr. McClain with ketamine “without conducting anything more than a brief visual observation,” according to NBC News.

Sentencing Mr. Cichuniec

During the trial, both paramedics admitted they overestimated Mr. McClain’s weight while administering ketamine. Mr. Cichuniec pointed out that he made the decision regarding the dosage since Mr. McClain was experiencing “excited delirium,” a controversial diagnosis that has lately been rejected by some researchers. The term has been used to describe a state of unusual strength, pain tolerance, and bizarre behavior exhibited by some people when confronted by police.

After reviewing body camera footage from the incident, forensic pathologist Dr. Roger Mitchell testified that Mr. McClain exhibited “no evidence of excited delirium” but did show symptoms of oxygen deficiency, according to CNN.

Prosecutors argued at trial that the paramedics acted in a reckless manner, administering ketamine without checking Mr. McClain’s vital signs.

“This is reckless. … It’s intending to cause pain—bodily injury and stupor,” said Assistant Attorney General Jason Slothouber, according to CNN.

“It’s not intending to kill, but it is wildly, insanely reckless. It’s the medical equivalent of putting on a blindfold, jumping in a car, and hitting the gas as hard as you can.”

Mr. Cichuniec faced a prison sentence of up to 16 years on the assault charge. The five-year prison term is the minimum the judge could have given him under sentencing guidelines.

Speaking about the judgment, Colorado Attorney General Phil Weiser said in a statement that Mr. Cichuniec “disregarded his training” while ordering the excessive dose of ketamine.

“Today’s sentence from the court is one of accountability for the defendant’s criminal negligence in the death of Elijah McClain. It sends a strong message that no profession, whether a paramedic, a nurse, a police officer, an elected official, or a CEO should be immune from criminal prosecution for actions that violate the law and harm people.”

The ruling is facing criticism from firefighters and their unions. Some argue that the judgment will discourage firefighters from becoming paramedics, thus putting lives at risk.

“Convicting Pete for the death is not justice. It’s the very definition of a scapegoat,” said former Aurora Fire Lieutenant John Lauder, who worked with Mr. Cichuniec for more than two decades. ”Will paramedics now be held be held responsible for outcomes beyond their control?”

Edward Kelly, a union leader with the International Association of Fire Fighters, told reporters that prosecutors were unfairly criminalizing split-second decisions made by first responders.

The three police officers and two paramedics involved in the case were indicted by a grand jury in 2021. One officer was found guilty of criminally negligent homicide and assault. He was sentenced to 14 months in jail and four years on probation. Two officers were acquitted of all charges.

Mr. Cichuniec’s paramedic co-defendant has been convicted of criminally negligent homicide, with his sentencing scheduled to take place on April 26.

The Associated Press contributed to this report.