Homicide convictions reversed for Colorado paramedics who injected ketamine into Elijah McClain

FORT COLLINS, Colo. (AP) — A Colorado court reversed homicide convictions against two paramedics on Thursday in the 2019 death of Elijah McClain, a Black man who was pinned down by police and injected with a fatal dose of ketamine.

McClain’s final words — “I can’t breathe” — foreshadowed those of George Floyd a year later in Minneapolis, and the Colorado man’s name became part of the rallying cries for social justice that swept the U.S. in 2020.

The appeals court ordered new trials for Aurora Fire Rescue paramedics Jeremy Cooper and Peter Cichuniec. McClain, 23, had been forcibly restrained and put in a neck hold by police, who stopped him in response to a suspicious person complaint as the massage therapist walked home from a convenience store in the Denver suburb in 2019.

Criminal charges against paramedics and emergency medical technicians involved in police custody cases are rare. As McClain’s death and others raised questions about the use of ketamine to subdue struggling suspects, this prosecution sent shock waves through the ranks of first responders across the U.S.

New trials in the case will return the issue to the spotlight, and that could make first responders think twice when responding to calls involving people in police custody, said University of Miami criminologist Alex Piquero.

“At 11 o'clock tonight when they're on a call, and the circumstances are the same, is this going to influence their behavior?" Piquero asked. “It may not be the first thing that comes into their heads, but it's going to be there."

A jury in 2023 found Cooper and Cichuniec guilty of criminally negligent homicide following a weekslong trial in state district court. The jurors also found Cichuniec guilty of second-degree felony assault.

Cichuniec received five years in prison. Cooper avoided prison and was sentenced to 14 months in jail with work release and probation.

The appeals court upheld Cichuniec's assault conviction, but faulted the instructions given to jurors with respect to the criminally negligent homicide charges before they deliberated. Thursday's ruling sends their cases back to a lower court for a new trial on that charge.

Colorado Attorney General Phil Weiser will appeal Thursday’s decision, a spokesperson said.

“Bringing these cases to trial was the right thing to do for justice, for Elijah McClain, and for healing in the Aurora community,” Weiser said in a statement. “The attorney general’s office is committed to defending these convictions through the appeals process.”

An Aurora police officer was convicted of homicide and third degree assault in McClain’s death, while two other officers were acquitted.

Cichuniec was released early from prison in 2024 after a judge reduced his sentence to four years of probation. That judge, Mark Warner, cited “unusual and extenuating circumstances,” a part of Colorado’s mandatory sentencing law that allows a court to modify a sentence after a defendant has served least 119 days in prison. Warner said that Cichuniec had to make a quick decision the night of the arrest as the highest-ranking paramedic at the scene.

The International Association of Fire Fighters said in a statement it continued to support Cooper and Cichuniec, who are members of the labor union.

“Today’s ruling recognizes the challenges paramedics face when making split-second medical decisions in rapidly evolving situations,” said Edward Kelly, the association’s general president.

Local prosecutors initially decided not to bring charges in McClain’s death largely because an initial autopsy was inconclusive on how how he died.

Following the nationwide protests over Floyd’s death, Democratic Gov. Jared Polis directed Weiser to re-investigate the McClain case. A grand jury indicted the two paramedics and three police officers when Dr. Stephen Cina, a forensic pathologist who performed McClain’s autopsy, changed his findings to pin the blame on the sedative ketamine after reviewing body camera footage from the scene.

The city of Aurora in 2021 agreed to pay $15 million to settle a federal civil rights lawsuit brought by McClain’s parents.

The Associated Press left a voicemail seeking comment with the attorney for McClain’s mother, Sheneen McClain. Other requests for comment were left with the paramedics' lawyers.

The paramedics’ defense attorneys argued they followed their training in giving ketamine to McClain after deciding he had “excited delirium,” a disputed condition invoked to justify excessive force that some say is unscientific. They also said prosecutors did not prove the sedative is what killed him.

Paramedics in Aurora had been trained to use the drug for the condition in 2018. State officials have since told paramedics to stop using excited delirium as a basis for administering ketamine.

An activist who befriended Sheneen McClain after they met at a protest said the appellate ruling was disappointing and “one of the most divisive judicial decisions our state has experienced in recent memory.”

"It strikes at the heart of a question that Colorado continues to struggle to answer: When a Black life is taken under circumstances that shock the conscience of the public, what does accountability truly mean?” said MiDian Shofner, CEO of the Epitome of Black Excellence and Partnership.

Brown reported from Billings, Montana. Thomas Peipert contributed reporting from Denver.

FILE - Former paramedic Jeremy Cooper, who injected Elijah McClain with ketamine before his death, sits in court for sentencing, Friday, April 26, 2024, in the Brighton, Colo. (ABC News One/Pool via AP, File)

FILE - Lawyers console paramedic Peter Cichuniec after his sentence is read, March 1, 2024, in Brighton, Colo. (Colorado State Court via AP, Pool, File)

FILE - Demonstrators carry a banner while marching down Interstate 225 during a rally and march over the death of Elijah McClain, June 27, 2020, in Aurora, Colo. A trial for two of the officers charged for McClain's death is set to begin Friday, Sept. 15, 2023 with jury selection. (AP Photo/David Zalubowski, file)

FILE - A demonstrator carries an image of Elijah McClain during a rally and march, June 27, 2020, in Aurora, Colo. Two paramedics were convicted Friday, Dec. 22, 2023, in the 2019 killing of McClain, who they injected with an overdose of the sedative ketamine after police put him in a neck hold. (AP Photo/David Zalubowski, File)

WASHINGTON (AP) — President Donald Trump has issued a pardon to Stephen Buyer, a former Republican congressman from Indiana who served nearly two years in prison for making illegal stock trades based on inside information after he left office.

Buyer was sentenced to 22 months in prison in 2023 for trades made while working as a consultant and lobbyist. He was ordered to forfeit more than $350,000, representing the amount of the illegal gains, and pay a $10,000 fine. He was released in 2025.

In granting “a full, complete, and unconditional pardon,” Trump cited Buyer’s career as a judge advocate general in the Army and in the House that was “distinguished and highly productive.” The pardon was dated Thursday and released by the White House late Friday.

Buyer said the pardon “corrects a politically motivated prosecution” and that it was “horrific to be imprisoned for a crime that I did not commit.” He maintains that he is innocent.

Trump used his Truth Social media platform on May 31 to share a pair of letters requesting a presidential pardon for Buyer, a lawyer and Gulf War veteran who left office in 2011. He was a House prosecutor at Democratic President Bill Clinton’s 1998 impeachment trial and in 2016 he served on Trump’s transition team focusing on veterans’ issues.

A letter signed by more than 40 former Republicans in Congress said Buyer was “targeted by the deep state” because of his involvement in Clinton’s trial.

“Like you, Mr. President, Steve has been the victim of lawfare conducted by the Biden Administration,” they wrote in the April 2025 letter.

A second letter, from five current House Republicans, said pardoning Buyer would bring justice to his case. The June 2025 letter was signed by Tom Cole of Oklahoma, Ken Calvert of California, Marlin Stutzman of Indiana, Jack Bergman of Michigan and Pete Sessions of Texas.

Buyer, 67, was convicted in connection with insider trading involving the $26.5 billion merger of T-Mobile and Sprint, announced in April 2018, and illegal trades in the management consulting company Navigant when his client Guidehouse was set to acquire it in a deal publicly disclosed weeks later.

The Constitution gives a president broad power to grant pardons for federal crimes. The pardons do not erase a recipient’s criminal record but can be seen as act of mercy or justice.

President Donald Trump talks with reporters after arriving on Air Force One, Friday, June 5, 2026, at Chippewa Valley Regional Airport in Eau Claire, Wis. (AP Photo/Mark Schiefelbein)

FILE — Former U.S. Rep. Stephen Buyer, left, trails his lawyer as he leaves Manhattan federal court after pleading not guilty to charges that he participated in an insider trading scheme while working as a consultant, July 27, 2022, in New York. (AP Photo/Larry Neumeister, File)