Key Takeaways
- The appeals court ruled that jury instructions in the trial of the paramedics were flawed, requiring the case to be sent back to a lower court.
- Prosecutors may seek a retrial after the negligent homicide convictions were overturned.
- Sheneen McClain described the ruling as a “denial of true justice,” and Colorado Attorney General Phil Weiser said he intends to appeal.
The convictions of the former Colorado paramedics involved in Elijah McClain’s 2019 death have been overturned. Last Thursday (June 4), a judge ruled that the negligent homicide charges against Peter Cichuniec and Jeremy Cooper should be sent back to a lower court for a possible retrial.
While Cichuniec's assault conviction was upheld, the appeals court took issue with the instructions jurors received regarding the negligent homicide charges before deliberations. "By telling the jurors to apply the 'common and ordinary meanings' of the words in the instruction, the court failed to shine any light on the issue and, in fact, misled the jurors as to the applicable standard of care: The proper standard wasn't that of a generic reasonable person but of a person in Cooper's profession under the existing circumstances,” the ruling read, per ABC News. The court agreed with Cooper's defense team that jurors were not properly instructed on the applicable standard of care.
In response to the decision, Elijah’s mother, Sheneen McClain, said she was “not surprised,” albeit still disappointed. “I am not surprised by the denial of true justice for American citizens in the hands of government branches who allow criminal behaviors in their police agencies,” she wrote on social media, according to the news outlet. “They are corrupt and cowardly.”
What happened to Elijah McClain?
As many may remember, the 23-year-old was walking home from a convenience store in Aurora when three police officers stopped him. The encounter escalated with one of them placing him in a chokehold while two others helped pin him down.
When Cichuniec and Cooper arrived, Elijah was injected with a fatal dose of ketamine, which ultimately led to his going into cardiac arrest. He was later pronounced brain dead, then removed from life support three days later on Aug. 30, 2019.
Revisiting Peter Cichuniec and Jeremy Cooper’s trial in 2023
Back in 2023, the paramedics’ trial was largely unprecedented territory. It’s incredibly rare for emergency medical providers to be criminally charged for actions taken while providing care, with most cases treated as medical malpractice matters. However, after a lengthy trial, both were found guilty. Cichuniec was also convicted of second-degree assault for the unlawful administration of drugs.
The following year, Cichuniec received five years in prison, though that sentence was later reduced to four years of probation. Cooper, meanwhile, was handed 14 months in jail with work release and probation. His conviction is also being reversed because he and Cichuniec were tried together.
Phil Weiser says he will appeal the court's decision
The cases being overturned have already drawn reactions from both sides. For one, Colorado Attorney General Phil Weiser said he plans to appeal the court’s decision. "Bringing these cases to trial was the right thing to do for justice, for Elijah McClain, and for healing in the Aurora community," he shared in a statement. "The attorney general's office is committed to defending these convictions through the appeals process."
On the other hand, the International Association of Fire Fighters General President Edward Kelly voiced his support for Cooper and Cichuniec. “Today's ruling recognizes the challenges paramedics face when making split-second medical decisions in rapidly evolving situations,” he said.