Photo: U.S. Air Force photo by Tech. Sgt. Jessica Avallone | Public domain | Wikimedia Commons
Colorado Appeals Court Partly Overturns Paramedic Verdicts In Elijah McClain Case
On Thursday, June 4, 2026, the Colorado Court of Appeals overturned criminally negligent homicide convictions of Aurora paramedics Jeremy Cooper and Peter Cichuniec and sent those counts back for possible retrial.[1]
The court upheld Peter Cichuniec's second-degree felony assault conviction while finding that jury instructions on the homicide counts were faulty.[2] Colorado Attorney General Phil Weiser said his office will seek review by the Colorado Supreme Court and will defend the convictions through the appeals process.[2]
Elijah McClain, 23, died on August 27, 2019, in Aurora, Colorado, six days after police detained him and paramedics injected him with ketamine.[3] His death certificate listed the cause as "undetermined" and cited intense physical exertion and a narrow left coronary artery.[3] A jury in 2023 found Cooper and Cichuniec guilty of criminally negligent homicide, and among the officers tried only former officer Randy Roedema's conviction remains fully intact.[3]
Earlier coverage emphasized the paramedics' culpability in McClain's death. The appeals court said jurors were not properly guided on how to consider the paramedics' medical judgment and causation.[1] Legal experts say the ruling could narrow how homicide liability is applied to medical providers and could complicate future prosecutions over field use of ketamine.[1]
Show source details & analysis (4 sources)
📌 Key Facts
- On Thursday, June 4, 2026, the Colorado Court of Appeals reversed the criminally negligent homicide convictions of Aurora paramedics Jeremy Cooper and Peter Cichuniec and remanded the case for possible retrial on those counts.
- The appeals court upheld Peter Cichuniec’s conviction for second‑degree felony assault while finding the jury instructions on the criminally negligent homicide counts were faulty.
- Colorado Attorney General Phil Weiser said his office will seek Colorado Supreme Court review of the June 4, 2026 decision and will "defend these convictions through the appeals process."
- The court’s opinion said jurors were not properly guided on how to consider the paramedics’ medical judgment and causation, and that flawed instructions were the primary basis for reversing the homicide counts.
- Legal experts told reporters the ruling could narrow how homicide liability is applied to medical providers and may complicate future prosecutions over the field use of ketamine by paramedics.
- Elijah McClain, 23, died on August 27, 2019, in Aurora, Colorado, six days after police detained him and after paramedics administered 500 milligrams of ketamine; his cause of death was officially listed as “undetermined” and tied to intense physical exertion and a narrow left coronary artery, and his last recorded words were reported as “I can’t breathe.”
- The legal proceedings follow multiple rounds of trials: a 2023 jury found Cooper and Cichuniec guilty of criminally negligent homicide, and among the law‑enforcement defendants tried in McClain’s death only Randy Roedema’s conviction remains fully intact while other officers were acquitted.
📰 Source Timeline (4)
Follow how coverage of this story developed over time
June 05, 2026
2:28 AM
Court Reverses Convictions of Paramedics in Elijah McClain’s Death
New information:
- Article confirms that on Thursday, June 4, 2026, the Colorado Court of Appeals vacated the criminally negligent homicide convictions of Aurora paramedics Jeremy Cooper and Peter Cichuniec while upholding Cichuniec's second-degree assault conviction and remanding the case for possible retrial.
- The court's opinion details that faulty jury instructions on the homicide counts were the primary basis for reversal, specifying that jurors were not properly guided on how to consider the paramedics' medical judgment and causation of death.
- Colorado Attorney General Phil Weiser reiterated in response to the ruling that his office intends to seek Colorado Supreme Court review, framing the case as central to how first responders are legally accountable when using powerful sedatives like ketamine.
- The article provides additional description of how the appeals decision may complicate future prosecutions involving field use of ketamine by paramedics, citing legal experts who say the ruling narrows how homicide liability can be applied to medical providers in similar circumstances.
- It notes that the decision comes after multiple rounds of trials involving both the paramedics and Aurora police officers, underscoring that only former officer Randy Roedema’s conviction remains fully intact among the law-enforcement defendants tried in McClain’s death.
June 04, 2026
11:55 PM
Homicide convictions reversed for paramedics who injected Elijah McClain with ketamine
New information:
- On Thursday, June 4, 2026, a Colorado appeals court reversed the criminally negligent homicide convictions of Aurora Fire Rescue paramedics Jeremy Cooper and Peter Cichuniec in Elijah McClain's 2019 death and ordered new trials on that charge.
- The appeals court upheld Peter Cichuniec's conviction for second-degree felony assault while finding that jury instructions on the criminally negligent homicide counts were faulty.
- Colorado Attorney General Phil Weiser said he will appeal the June 4, 2026 decision and pledged to 'defend these convictions through the appeals process.'
- The article reiterates that Cichuniec had been released early from prison in 2024 after a judge reduced his five-year sentence to four years of probation, citing 'unusual and extenuating circumstances' under Colorado's mandatory sentencing law.
11:23 PM
Court reverses homicide convictions for paramedics linked to Elijah McClain’s death
New information:
- On Thursday, June 4, 2026, a Colorado court overturned the criminally negligent homicide convictions of paramedics Jeremy Cooper and Peter Cichuniec in the death of Elijah McClain, and state prosecutors said they will appeal to the Colorado Supreme Court.
- The article reiterates that McClain, 23, died on August 27, 2019, in Aurora, Colorado, six days after Aurora police forcibly detained him and paramedics injected him with 500 milligrams of ketamine, with his cause of death officially listed as 'undetermined' and tied to intense physical exertion and a narrow left coronary artery.
- It restates that a 2023 Colorado jury had found Cooper and Cichuniec guilty of criminally negligent homicide, alongside the earlier conviction of officer Randy Roedema and the acquittals of officers Jason Rosenblatt and Nathan Woodyard on related charges.
- The piece underscores prosecutors' description of McClain as appearing 'out of control' and suffering from so‑called 'excited delirium' when paramedics administered ketamine, and notes that McClain's last recorded words were 'I can't breathe.'
- The article links the appellate reversal and broader case to nationwide protests against police brutality and racial bias in policing that followed the deaths of Elijah McClain, George Floyd, Breonna Taylor and others.