Former Aurora paramedic sentenced to prison in Elijah McClain’s death
DENVER (KDVR) — One of the two paramedics convicted in connection to the 2019 death of Elijah McClain appeared in court for sentencing Friday afternoon where Peter Cuchiniec was given a five-year sentence in the Colorado Department of Corrections.
In late December 2023, an Adams County jury found Aurora Fire Rescue paramedics Jeremy Cooper and Cichuniec guilty of criminally negligent homicide. Cichuniec was also found guilty of one second-degree assault charge related to unlawfully administering ketamine without consent.
The five-year DOC sentence for second-degree assault will be followed by a three-year parole term. The judge also sentenced Cichuniec to a one-year concurrent sentence for criminally negligent homicide, followed by one year of parole. He was also given 70 days credit for his pre-sentence confinement.
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Cichuniec was found not guilty of a second count of second-degree assault intended to cause bodily injury. Cooper was found not guilty of both counts of second-degree assault.
Both paramedics were terminated from their jobs, according to an Aurora spokesperson.
McClain’s mother, Cichuniec provide sentencing statements
McClain’s mother, Sheneen, raised her fist in the air as she left the courtroom following Friday’s sentencing, as she’s done after previous hearings. Cichuniec had faced up to 16 years in prison on the assault charge, and the five-year sentence was the minimum the judge could have given Cichuniec under sentencing guidelines.
Someone from Cichuniec’s family called out, “Love you Pete” as he looked back and waved at them before leaving court in handcuffs.
In testimony before the sentence was handed down by Judge Mark Warner, Sheneen McClain said she once dreamed of being a firefighter and considered them heroes “until the day they took my son’s life.”
“You are a local hero no more,” she said as Cichuniec sat with his attorneys at a nearby table. “Next time, think for yourself and do not follow the direction of a crowd of cowards.”
She added that the other paramedics could have intervened “simply by just saying, ‘Stop hurting my patient.’”
Cichuniec — who has been in custody since his conviction and was handcuffed and shackled for the hearing — asked the judge for mercy. He wiped away tears as family members and friends testified as character witnesses on his behalf, and later told the judge he had spent his 18-year career as a firefighter and paramedic putting his own life on the line and putting other lives before his own.
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“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.”
Cichuniec’s wife said after the hearing she was “relatively relieved” by the outcome since it was the most lenient sentence her husband could have received.
“It’s almost better knowing,” Katy Cichuniec said.
Attorney General’s Office weighs-in
Attorney General Phil Weiser released a written statement following the sentencing of Cichuniec on Friday. His office headed the prosecution against Cichuniec, Cooper and the Aurora police officers.
“Emergency medical professionals serve honorably every day and save lives. In this case, Mr. Cichuniec disregarded his training and ordered Elijah McClain to receive a deadly dose of a powerful sedative while he was restrained and motionless on the ground, which killed him. A jury found the defendant guilty of criminally negligent homicide and second-degree assault,” the AG wrote.
“No action will bring Elijah back or take away the pain and loss that his mother, Sheneen McClain, continues to experience,” the AG’s statement continued. “But 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.”
Case background: Investigation into Elijah McClain’s death
The charges stem from actions taken by the first responders on the night of Aug. 24, 2019, while responding to a 911 call for a suspicious person.
That person was McClain, a 23-year-old Black man, who died six days after he was stopped and forcibly restrained by Aurora police officers, then injected with an overdose of ketamine, a sedative, by paramedics.
A revised statement by the coroner said McClain died due to ketamine administration following forcible restraint.
Three officers have already stood trial for their alleged actions on that night. Two were acquitted, including one who has since returned to work as a police officer, and the third was convicted of criminally negligent homicide and third-degree assault.
Ex-Aurora officer appeals negligent homicide conviction in Elijah McClain’s death
That third officer, Randy Roedema, filed a notice of appeal for his October conviction in the death of McClain.
Roedema was the most senior law enforcement member who initially responded to the scene. He was found guilty in a joint trial with former officer Jason Rosenblatt, who was acquitted but was fired from the Aurora Police Department for a related scandal.
Agencies raise concerns of paramedics’ conviction
Several agencies and public figures released statements directly after the conviction of Cichuniec and Cooper, including Aurora Fire Rescue Chief Alec Oughton.
“I’m deeply concerned and disappointed that our medics, Peter Cichuniec and Jeremy Cooper, have both been convicted of Criminally Negligent Homicide in the trial stemming from the death of Mr. McClain,” Oughton said. “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.
“The community has asked for true pathways to accountability, transparency and justice to ensure incidents like this don’t happen in the future. We are committed to continuous improvement in our organization,” he said.
2 paramedics found guilty of criminally negligent homicide in Elijah McClain’s death
Oughton noted that Aurora Fire has taken specific actions to ensure a similar tragedy never occurs again. These include:
Re-establishing a medical branch within the department to oversee emergency medical procedures and incidents
Implementing protocols to clarify who is in charge when multiple agencies are at a scene
Requiring 100% quality-assurance review on all sedative administration and strict adherence to this new protocol
Implementing citywide protocols to dispatch the appropriate level of care to each call
Increasing communication and coordination with community groups and residents to gain input on how Aurora Fire can better serve them
This is a developing story. FOX31 reporter Andrea Henderson will be at the courthouse for this sentencing.
The Associated Press contributed to this report.
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