The final criminal trial in the death of Elijah McClain came to a close Friday, Dec. 22, 2023, when a jury convicted two Aurora Fire Rescue paramedics of criminally negligent homicide.
In 2021, a Colorado grand jury indicted five individuals in the death, including paramedics Jeremy Cooper and Peter Cichuniec. Aurora police officers Nathan Woodyard and Randy Roedema and former officer Jason Rosenblatt were also indicted.
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Elijah McClain was a 23-year-old Black man who was walking home from a convenience store Aug. 24, 2019, when someone called 911 and reported a suspicious figure wearing a ski mask. He was stopped by three Aurora police officers who restrained him using a carotid hold, which involves putting pressure on the side of the neck to restrict blood flow to the brain, rendering the person unconscious.
According to the 2021 indictment, Cooper and Cichuniec arrived on the scene as a medical response after Elijah McClain was restrained and administered 500 milligrams of the sedative ketamine.
Elijah McClain entered cardiac arrest in the ambulance and was pronounced brain-dead in the hospital three days later. He died Aug. 30, 2019, after being taken off life support.
“We are satisfied with today’s verdict, and 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.” -Philip Weiser, Colorado Attorney General
The initial autopsy report from the Adams County Coroner’s office stated the cause of death as “undetermined.” An updated autopsy report was released in 2021, listing the cause of death as “complications of ketamine administration following forcible restraint.”
In the updated report, Dr. Stephen Cina said that Elijah McClain was injected with a higher dosage of ketamine than what is recommended for his weight.
“I believe that Mr. McClain would most likely be alive but for the administration of ketamine,” Cina said in his report.
After a three-weeklong trial and two days of deliberation, a jury found both Cooper and Cichuniec guilty of criminally negligent homicide.
Cooper was found not guilty of second-degree assault with intent to cause bodily harm and not guilty of second-degree assault for administering drugs without consent.
Cichuniec was found guilty of second-degree assault for administering drugs without consent and not guilty of second-degree assault with intent to cause bodily harm.
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The sentencings for both men are scheduled for 1:30 p.m. March 1.
“We knew that these cases were going to be difficult to prosecute,” Colorado Attorney General Philip Weiser said in a statement outside the courthouse after the verdict was read. “We are satisfied with today’s verdict, and 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.”
Three out of the five men charged in the death of Elijah McClain received convictions. Roedema, one of the three officers in the indictment, was convicted of one count of criminally negligent homicide and one count of third-degree assault.
Roedema was sentenced to 14 months in jail and four years of probation Jan. 5 in Adams County Court.
In a statement released on social media through a family spokesperson, Elijah McClain’s mother Sheneen McClain said the convictions were not justice.
“No, the three out of five convictions are not justice,” Sheneen McClain said. “The only thing the convictions serve is a very small acknowledgment of accountability in the justice system.”
Aurora NAACP Chapter President Omar Montgomery expressed a similar sentiment in a statement after the verdict was released.
“Justice is Elijah McClain being alive — that’s justice,” Montgomery said. “Right now, we’re a part of a process of accountability for what should have been justice.”
Cooper and Chicuniec have both been terminated by Aurora Fire Rescue following their convictions, Fire Chief Alec Oughton said.
In a statement following the trial, Oughton expressed concern over the verdict.
“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.
The death of Elijah McClain led to a police accountability law in Colorado that was signed into law June 19, 2020. The use of ketamine is now restricted, and carotid chokeholds while detaining an individual are banned.
“We failed Elijah McClain as a department,” Aurora Interim Chief of Police Art Acevedo said in a statement. “We failed Mrs. McClain as a department. We failed our community as a department.”
Reach Hannah Parcells at news@collegian.com or on Twitter @hannahparcells.
